TYPES OF INFORMATION COLLECTED AND HOW IT IS USED
Through the use of the Company Sites, the Company markets wines and related products directly to consumers, and offers consumers the opportunity to create a personal account with the Company (the “Account”) or to log in to the Company Sites as a guest (the “Guest Log-In”), and to take advantage of the various products and/or services, including, without limitation, the opportunity to purchase wine and related products from licensed retailers in their state and to register as members of the various wine clubs that the Company services (the “Wine Clubs”) (collectively, the “Wine Services”). The sale and delivery of orders purchased by consumers will be executed and fulfilled by third party retailers holding valid licenses issued by state alcohol beverage agencies allowing for the legal sale of wine.
Although many areas of the Company Sites do not require registration and may be accessed by you without having to disclose any personal information, when using the Wine Services and or other aspects of the Company Sites, we or our service providers may collect, use and share personally identifiable information, such as your name, age, billing address, shipping address, age, email address, telephone number, password, and credit card information (collectively, “PII”). Please remember that it is your responsibility to protect the confidentiality of your login and password data. The Company Sites are directed to adults aged twenty-one (21) or older.
When you visit the Company Sites, we may also collect certain non-personally identifiable information from you (“NPII”), including, without limitation, website usage information about how our visitors use and navigate the Company Sites, including the number and frequency of visitors to each web page, the duration of their stays, the visitor’s browser and operating system, the domain name of each visitor’s Internet service provider, and certain other information (e.g., IP address and clickstream data). When you request pages from the Company Sites, our servers log your IP address. We may use IP addresses for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit use of the Company Sites. We may share NPII with others without express notice to you or consent from you, and we may exploit, use and disclose your NPII without limitation of any kind.
We may also use “pixel tags” (sometimes called “web beacons” or “clear gifs”), which are tiny graphic images, on the Company Sites. Pixel tags help us analyze users’ online behavior and measure the effectiveness of the Company Sites and our advertising and marketing. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no PII. We work with service providers that help us track, collect, and analyze this information.
Cookies, pixel tags, and/or other analytical tools that we may use on the Company Sites may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Company Sites. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the Company Sites you visited immediately before coming to the Company Sites. We do not otherwise track any information about your use of other Company Sites. Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Company Sites and your interaction with our advertising and other communications, but no PII is shared with them.
We may combine the NPII collected through cookies, pixel tags and other analytical tools with other information we may have collected from you. This information may be used to improve the Company Sites, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes.
WITH WHOM INFORMATION MAY BE SHARED
We work with certain strategic partners (the “Brand Partners”) in connection with the creation and operation of various co-branded Wine Clubs, which are promoted by us and our Brand Partners. We disclose only the PII required to make these particular Wine Clubs work and to support your membership with them, which typically includes your name and/or email address, as well as information regarding the purchases you make through the particular Wine Club. We disclose this information to our Brand Partners under an agreement that requires that they maintain the confidentiality and security of your PII in the same manner The Company does. If you do not wish to receive marketing, promotional, or other communications from our Brand Partners, you must contact them directly.
We may sell, transfer or otherwise disclose user information, including PII, in connection with a corporate merger, consolidation, the sale of all or substantially all assets or of a business group, or other corporate change of the Company.
We may disclose information about our users, including PII, when legally required to do so at the request of governmental authorities conducting an audit or investigation, or to verify or enforce compliance with the policies governing the Company Sites and applicable laws, rules, and regulations. We may use IP addresses to identify users in cooperation with Internet service providers or law enforcement agencies, and may also disclose user information whenever we believe disclosure is necessary to limit our legal liability or to protect or enforce the rights, interests or safety of the Company Sites, our users or others.
CHANGING YOUR PREFERENCES; OPT-OUT
You may opt out of your subscriptions to receive marketing mailings or e-mail communications from the Company at any time by (a) following the instructions to “opt-out” of future marketing communications contained within the direct mailing, or e-mail, that you receive from the Company, or (b) by sending us an email or writing to us at the addresses listed below under the heading entitled “Contact Information.” Please allow up to ten (10) business days for changes to take place. During that time, you may continue to receive such communications from us that were already in process.
You may ask us to delete your PII from our system, however, because we archive and keep track of past transactions, you cannot delete information associated with past transactions or archived information on the Company Sites.
If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received.
LINKS TO OTHER SITES AND CONTENT ACCESSIBLE THROUGH THE COMPANY SITES
Our Company Sites may include links to other websites whose privacy practices may differ from ours. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with the Company Sites or for the privacy practices of third parties. If you submit PII to any of those websites, your PII is governed by the privacy statements of those websites. We encourage you to carefully read the privacy statement of any website you visit.
While the Company strives to secure your PII, even reasonable security measures do not guarantee the security of any information you transmit via the internet, including to the Company. The Company cannot guarantee that information it seeks to protect will be protected under all circumstances, including those beyond its reasonable control. You acknowledge and agree that you transmit information to the Company via the Company Sites at your own risk. Additionally, please be advised that if you share with others emails or URLs you receive from the Company, such sharing may allow access to limited PII on the Company’s website, including your name, shipping address and product orders (in addition to the PII in the email itself). In doing so, you may be sharing your PII with others and you acknowledge that you will be sharing at your own risk.
The Company Sites are directed to adults aged twenty-one (21) or older. We do not knowingly collect PII from children under thirteen (13) years of age. We will promptly delete any information later determined to be from a user younger than thirteen (13) years of age.
CONSENT TO TRANSFER
The Company Sites are located in the United States. Your PII will be processed and shared in the United States, where data protection and privacy regulations may provide different levels of protection compared with non-United States jurisdictions. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Company Sites or providing us with your information, you consent to this transfer.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, California Civil Code Section 1798.83 permits you to request information with respect to the disclosure of your PII by us to third parties for such third parties’ direct marketing purposes. We are only required to respond to a particular customer’s request for such information once during a calendar year. To make such a request, please send us an email or write to us at the addresses listed below under the heading entitled “Contact Information.”
In addition, please note the following:
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
Attn: Customer Service
PO Box 5160
Largo, FL 33779
EFFECTIVE DATE OF POLICY