Privacy Policy

Wine Access

Privacy Policy

Last Updated: 6/9/2023

Your privacy is important to us. This Privacy Policy (“Policy”) describes how Wine Access Inc. (“we”, “us”, “our” or “WineAccess”) collects, uses, and discloses personal information from users (a “user”, “you”, or “your”) in connection with the use of the WineAccess website (“Website”), services provided by WineAccess (“Services”), and communications between you and WineAccess (collectively, “Platform”). We encourage you to read the details below. Unless otherwise defined in this Policy, terms used in this Policy have the same meanings as in the Platform Terms and Conditions.

We reserve the right to change this Policy at any time. We will notify you of any changes to this Policy by posting a new Policy to this page, and/or by sending notice to the primary email address specified in your account. You are advised to review this Policy periodically for any changes. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to notify you in advance of such change. Changes to this Policy are effective when they are posted on this page. You acknowledge that your continued use of our Platform after we publish or send a notice about our changes to this Policy means that the collection, use and sharing of your personal information is subject to the updated Policy. If you do not agree with the terms of this Policy, please do not use the Platform.

  1. Scope

This Policy applies to our collection, use, and disclosure of information related to our Platform and the products and services we make available through our Platform.

This Policy does not apply to employees, job applicants or non-employee workers. This Policy also does not apply to websites, apps, products, or services that we do not own or control. We are not responsible for and have no control over these websites and they are subject to their own terms of use and privacy policies, which we encourage you to review for more information about their collection and use of your data.

We may also use third party social media widgets such as buttons or similar mechanisms from Facebook, Twitter, Instagram, YouTube, and others. Such third-party features may collect information about you, such as your IP address and the page(s) you visit on the Platform. Your interactions with those features are governed by the privacy policies of the third-party social media networks that provide them.

Residents of certain US states have particular rights, which are addressed in the “Privacy Addendum for California and Other Specific Privacy-Related US States” section at the end of this Privacy Policy.

  1. Information We Collect

The information we collect varies depending on your use of the Platform. We may collect personal information directly from individuals, such as when you register as a member of WineAccess, sign up to receive our email offers, or provide a review about products or services. We also may automatically collect personal information related to your use of our Platform. In addition, we may collect personal information from third parties to enhance the information we have about you.

Information We Collect from You. We may collect personal information directly from you, including:

  • Account information: to access and use certain features of our Platform, you must register for an account by providing us with certain required information, which may include your name, zip code, email address, date of birth, and password. We also may collect information about any of the groups or clubs you join on our Platform.
  • Purchases and payments information: if you purchase products or services from us, such as wine, we collect information related to your order and its delivery, which may include your shipping address, shipping preferences, and telephone number. We work with external payment processors and fulfillment partners to process these payments, who may collect payment information from you in order to complete your purchase.
  • Communications and support: if you contact us, we collect and maintain a record of your contact details, communications and our responses. If you contact us through a third-party customer support service, such as Zendesk, we may also collect service identification numbers, record calls, and maintain logs and records of those calls.
  • Application information: if you use our mobile application, we may collect your account information, usage information and other information you provide through the application.
  • Inquiries and requests: we collect personal information when you sign up for marketing and communications from us, such email offers, as well as your related preferences.
  • Events, contests and promotions: we may run promotions or participate in certain events (collectively, “Events”), online and offline. If you choose to participate in an Event, you may provide your information, including your name, age, and contact information. Certain Events may be co-branded with one of our partners or run on an external website, such as social media websites and platforms. In these instances, the collection of your personal information may occur directly or through the external social media website or platform. We encourage you to read their privacy policies for more information about how they collect and use your information.
  • User content: if you choose to engage in reviews, forums, blogs, or similar features offered by us as part of the products, we may maintain records about the content you post, such as comments, reviews or questions, as well as date and time and other metadata associated with your user content. User content may also be viewable by other visitors and users of the Platform.
  • Gifting information: if you give a Gift Subscription to another individual, you may provide the Giftee's personal information. By sending a Gift Subscription to a recipient, you represent that you are authorized to provide their name, address, phone number, and other information with us.

Information We Collect Automatically. When you visit the Platform, we automatically collect some information, including:

  • Mobile device information: such as the manufacturer and model of your mobile device; your Internet Service Provider (ISP).
  • Log information: such as your device's Internet Protocol ("IP") address (or other device identifier), browser type, and operating system.
  • General location information: such as through the mobile application. In addition, we may derive certain insights about you based on this and other personal information we have collected about you.
  • Activity information: such as referring/exit pages, clickstream data, pages of the Platform that you visit, the time spent on those pages, information you search for on the Platform, access times and dates, how you interact with a page (e.g., what you view or click on) and other statistics. We may use pixels in HTML emails to understand if individuals open, read, and/or click on the emails we send to them. For more information, see the Cookies and Tracking Information section below.

Information We Collect from Third Parties. We also may enhance or update the personal information we have about you with information obtained from data brokers, public records, our partners, and other third-party sources. We also may collect device identifiers and other information from third party platforms and mobile applications that you use when accessing our Platform. In addition, we may collect information about how individuals interact with us or comment about WineAccess and our products and services through social media.

  1. Use of Personal Information

We may use the personal information we collect for the following purposes:

  • Providing our Platform and related support: to provide and maintain our Platform; to authenticate users; to perform technical operations, such as updating software; to provide and communicate with you about our Platform; to respond to your requests; to administer Events that you participate in; to fulfill your orders, and process your payments, including for Gift Subscriptions; to provide technical support; and for other customer service and support purposes. Further, we may use the information we collect (including general location information) to determine which products may or may not be available to sell and ship to a particular state or other jurisdiction.
  • Analyzing and improving our Platform: to better understand how users access and use our Platform, for other research and analytical purposes, such as to evaluate and improve our Platform and business operations, develop new features, products, or services, and to otherwise improve our Platform and user experiences.
  • Communicating with you: to provide you with the information or services that you have requested; to communicate with you about your use of our Platform, to respond to your inquiries, and for other customer service purposes; and to administer surveys and questionnaires, such as for market research or user satisfaction purposes.
  • Personalizing content and experiences: to tailor content we send or display on the Platform to personalize your experiences.
  • Advertising, marketing and promotional purposes: to contact you about our products or services or send you newsletters, offers or other information we think may interest you; to promote Events; to reach you with more relevant ads; and to measure and improve our advertising and marketing campaigns.
  • In support of our general business operations: to audit and assess our business operations, security controls, financial controls, compliance with legal obligation; in connection with a merger, acquisition, reorganization or similar transaction (or diligence in contemplation of such a transaction); and otherwise for the administration of our general business, accounting, record keeping and legal functions.
  • Securing and protecting our assets and rights and the rights of others: to protect our business operations, secure our network and information technology, assets and services; to prevent and detect fraud, unauthorized activities, access and other misconduct; where we believe necessary to investigate, prevent or take action regarding suspected violations of our Terms and Conditions and other agreements or policies, as well as fraud, illegal activities and other situations involving potential threats to the rights or safety of any person or third party.
  • Complying with legal obligations: to comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.

We may also use your personal information for other purposes, where we have your consent.

We may combine information that we collect from you with information we obtain about you from third parties. We may aggregate and/or de-identify information collected through the Platform. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also disclose such data to any third parties.

  1. Disclosure of Personal Information

We may disclose your information that we collect as follows:

  • With our corporate affiliates and subsidiaries.
  • With service providers that perform services to support our business functions and internal operations, which may include:
    • cloud computing services
    • payment processors
    • advertising and marketing services
    • age verification services
    • customer satisfaction and support services
    • order fulfillment and warehouse services
    • application services providers
    • data enhancement services
    • security services
    • billing and collection services
    • hosting services
    • technical support services
  • With third parties that we have partnered with to jointly create and offer a product, service or Event.
  • To support our audit, compliance, and corporate governance functions.
  • In connection with a change of ownership or control of all or part of our business, such as a merger, acquisition, reorganization, or bankruptcy.
  • If we have a good-faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to detect or protect against fraud or security issues.
  • If required or permitted by applicable law or regulation, including laws and regulations of the United States and other countries, or in the good faith belief that such action is necessary to: (a) comply with a legal obligation or in response to a request from law enforcement or other public authorities wherever Company may do business; (b) protect and defend the rights or property of Company; (c) act in urgent circumstances to protect the personal safety of users, customers, and contractors/employees of Company or others; or (d) enforce our Terms and Conditions or otherwise protect against any legal liability.
  • In other situations, with your consent or at your direction.
  1. Cookies and Tracking Information

We and our service providers may use cookies, pixel tags, and other tracking technologies to collect information. Cookies are alphanumeric identifiers that can be deployed on your computer’s hard drive through your web browser for record-keeping purposes. Sometimes, we work with third parties who deploy these cookies on our behalf.

When we use these cookies to target ads to you – for instance, to “retarget” you on other services with information about services, after you’ve visited our Platform – we give you the opportunity to “opt out” of these ads. To opt out of this type of data processing please follow the instructions on [insert link to cookie preferences/Your Privacy Choices page]. Certain features on our Platform may not be available or function properly if you block or disable cookies. The following sets out how we may use different categories of cookies and your options for managing cookie settings:

  • Required cookies
    • Required cookies enable you to navigate the Platform and use their features, such as accessing secure areas of the Platform. If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. These cookies allow us to uniquely identify you when you are logged into the Platform and to process your online transactions and requests.
    • Because required cookies are essential to operate the Platform, there is no option to opt out of these cookies.
  • Performance cookies
    • These cookies collect information about how you use our Platform, including which pages you go to most often and if they receive error messages from certain pages. From these cookies, information is only used to improve how the Platform functions and performs. From time-to-time, we may engage third parties to track and analyze usage and volume statistical information relating to individuals who visit the Platform.
    • To learn how to opt out of performance cookies using your browser settings, click here.
  • Functionality cookies
    • Functionality cookies allow our Platform to remember information you have entered or choices you make and provide enhanced, more personal features. These cookies also enable you to optimize your use of the Platform after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.
    • To learn how to opt out of functionality cookies using your browser settings, click here.
  • Targeting or advertising cookies
    • From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Platform. We sometimes use cookies delivered by third parties to track the performance of our advertisements on other sites or “retarget” visitors to our sites when they browse other sides, or through email or direct mail.
    • To learn more about these and other advertising networks and their opt out instructions, click here.

Pixel tags are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, pixel tags are embedded invisibly on web pages. We may use pixel tags (also referred to as web beacons, web bugs or clear GIFs), in connection with our Platform to, among other things, help us manage ads and content, and compile statistics about usage of our Platform. We may also use pixel tags in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

As described in the above tables, we and our third-party providers may use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities and use of our Platform. We may combine this “usage data” with other personal information we collect about you. We use this usage data to understand how our Platform is used, track bugs and errors, provide and improve our Platform, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Platform, as well as for targeted marketing and advertising, to personalize content and for analytics purposes. Except as otherwise described herein with respect to legally required browser based opt outs, we do not recognize or respond to browser-initiated “do not track” signals, as there is no industry-wide framework for “do not track” signals.

Security and Retention

We have implemented safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

We generally retain personal information for so long as it may be relevant to the purposes above. In determining how long to retain information, we may consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the information, applicable legal requirements, and our legitimate interests.

  1. Rights and Choices

In this section we describe some of the choices you have regarding our collection, use and handling of your personal information.

Access, Update and Delete. You may cancel your registration to WineAccess and/or request the removal of your personal information from our member records by sending an email to help@wineaccess.com. You may also access and update certain of your personal information by accessing and adjusting your account settings or emailing us at help@wineaccess.com. We may maintain copies of information that you have updated, modified or deleted in our business records and in the normal course of our business operations, as permitted or required by applicable law, including for purposes of billing, security, compliance or legal purposes.

Marketing Communications. We send you promotional communications about new features, products, Events, or other opportunities. If you wish to stop receiving these communications or to opt out of use of your information for these purposes, please follow the opt-out instructions, such as clicking "Unsubscribe" (or similar opt-out language) in email communications. For text message communications, you can text back “STOP” and we will send you a text message to confirm that you have been unsubscribed. You can also contact us at help@wineaccess.com to opt out of these types of communications. Despite your indicated preferences, we may send you service-related communications, such as notices of updates to our terms of service or privacy policy.

  1. Children

Our Platform is not targeted and directed at children under age 21 and we do not knowingly collect any personal information from a child under 21. If you believe we have inadvertently collected personal information about a child, please contact us and we will take steps to delete this information.

  1. Contact Us

If you have any questions about this Policy or our privacy practices, please contact us at: help@wineaccess.com.

  1. Privacy Addendum For California And Other Specific Privacy-Related US States

Certain US states (“Applicable States”) have particularized state privacy laws, and residents of those states, California and (upon various “effective” dates occurring during 2023) Colorado, Connecticut, Utah and Virginia (“Applicable State Residents”) have certain rights. The particular scope and nature of these rights vary in each state, so we have sought to explain these rights in the most transparent and uniform terms, below.

Under these Applicable States’ laws, you may have rights to ask us to:

  • provide access (upon identity verification) to certain information we hold about you, in some cases in a portable format, if technically feasible;
  • update or correct your information (upon identity verification);
  • delete certain information we hold about you (upon identity verification); and
  • opt in or opt out of use of certain sensitive information we hold about you (again, upon identity verification).

Exercising Your Rights and Authorized Agents

To exercise any of the rights described in this section, please contact us at help@wineaccess.com or call us toll-free at 1-866-946-3923. Please include (i) a complete description of your request, including the specific right(s) you wish to exercise and (ii) sufficient information about you so we can confirm that your request is a verifiable customer request, including at a minimum your name and email address. Once we have received your verifiable consumer request, we will respond consistent with applicable law. You may also designate an authorized agent to make a request on your behalf. In order for us to process a request from your authorized agent, we may (i) confirm that the agent is a natural person or business entity registered with the Secretary of State that you have authorized to act on your behalf and (ii) receive from you a copy of the written authorization that provides the authorized agent to act on your behalf.

Certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our Platform to you. In addition, we reserve the right to maintain information on registered users who have violated our Platform Terms and Conditions or who have had their access to the Platform blocked in order to detect repeat offenders.

Opting Out of Targeted Advertising

Applicable States Residents may also have the right to opt out of the “sale” of their personal information, or the “sharing” of their information for cross-contextual advertising, also called “targeted advertising”, as defined in Applicable States’ laws. Those laws may broadly define “sale” in a way that includes allowing third parties, such as advertising networks, to use information such as cookies, IP address, device identifiers or other hashed identifiers and browsing activities to target ads to you– for instance, to retarget our website visitors with ads about that company’s services (whether by web, email, direct mail or even smart-TV ads).

To opt out of this type of data processing, please follow the instructions on [insert link to cookie preferences/Your Privacy Choices page]. You may also opt out of targeted advertising, which we may occasionally engage in, such as to “retarget” with information about our services when you visit other websites (which in some states may be considered “selling” or “sharing” personal information). To “opt out” of this type of advertising, you may visit the Network Advertising Initiative’s (“NAI”) Consumer Opt-Out Link and/or the Digital Advertising Alliance’s (“DAA”) Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs.

You may also install the browser extension available at https://globalprivacycontrol.org/ to trigger a “do not sell” signal, which we will honor when we see it (and thus not, for instance, retarget ads to you).

Right to Appeal

In Applicable States, you may have the right to appeal our decision to deny your request. If you wish to do this, please send an email at help@wineaccess.com with the word “Privacy Appeal” in the subject line.

PRIVACY ADDENDUM FOR CALIFORNIA RESIDENTS

Below are the additional disclosures required by the California Consumer Privacy Act and the California Privacy Rights Act (together, the “CCPA”), effective as of January 1, 2023.

Statutory Categories of Personal Information Collected

The chart below describes the category of personal information we collect by reference to the statutory categories specified by the CCPA:

Category

We collect:

Source(s)

  • Identifiers
    • We collect: Email, full name, full address, phone number
    • Sources(s): You and third-party sources (e.g. our platform providers, payment processors)
  • Customer Record Information
    • We collect: Email, full name, full address, phone number, credit card number or other form of online payment for goods and services rendered
    • Source(s): You and third-party sources (e.g. our platform providers, payment processors, and our partners)
  • Characteristics of protected classifications under California or U.S. law, including Sensitive Personal Information
    • Source(s): You
  • Commercial information
    • We collect: Records of products/services purchased by you on the Platform
    • Source(s): You
  • Internet or other network activity
    • We collect: Browsing history, search history, information on your interaction with a website, application, or advertisement
    • Source(s): You, third party sources (e.g. our platform providers, advertising service providers), and via automatic collection (see the section above in Privacy Policy titled "Cookies and Tracking Information" for information on tracking technologies we use for automatic data collection)
  • Geolocation data/inferences
    • Source(s): providers, advertising service providers), and via automatic collection (see the section above in Privacy Policy titled "Cookies and Tracking Information" for information on tracking technologies we use for automatic data collection)

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Use and Disclosure of Personal Information

In the last 12 months, we have used or disclosed certain personal information we collected for the following business purposes:

  • Business Purpose
    • To provide, support, and develop our website, products, and services
  • Categories of Personal Information
    • Identifiers
      Customer Record Information
      Characteristics of Protected Classifications
      Internet or other network activity
  • Business Purpose
    • To create, maintain, customize, and secure your account with us
  • Categories of Personal Information
    • Identifiers
      Characteristics of Protected Classifications
      Customer Record Information
  • Business Purpose
    • To process your requests, purchases, transactions, and payments and prevent transactional fraud
  • Categories of Personal Information
    • Identifiers
      Commercial Information
      Characteristics of Protected Classifications
  • Business Purpose
    • To directly respond to your requests or inquiries, including to investigate and address your concerns and monitor and improve our responses, or to otherwise meet the reason for which you provided the information
  • Categories of Personal Information
    • Identifiers
      Customer Record Information
      Commercial Information
      Characteristics of Protected Classifications
      Internet or other network activity
  • Business Purpose
    • To personalize your Platform experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Platform], third-party sites, and via email, direct mail or text message (with your consent, where required by law)
  • Categories of Personal Information
    • Identifiers
      Customer Record Information
      Internet or other network activity
  • Business Purpose
    • To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business
  • Categories of Personal Information
    • Identifiers
      Internet or other network activity

We may further disclose each category of personal information to our affiliates, to our professional advisors, in connection with our compliance and protection activities and in connection with business transfers as described above in our Policy.

Additionally, when you sign up for an Event, we typically ask you to provide your name and contact information (such as email address and/or telephone number). Because our Events involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Event. This value is based on the expense related to offering those products, services, and benefits to Event participants. You may withdraw from participating in an Event at any time by contacting us using the designated method set forth in the applicable Event rules. Visit the terms and conditions page of each Event to view full details, including how to join.

Selling and Sharing Personal Information

We “sell” or “share” the following categories of information to third-party advertising partners and vendors that support our advertising efforts (such as advertising analytics services or targeted advertising):

Identifiers (such as name, address, email address); internet or other network or device activity (such as browsing history and usage information).

To opt out of this type of data processing please follow the instructions on [insert link to cookie preferences/Your Privacy Choices page]. Alternatively, if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.

Please note that we do not knowingly sell the personal information of children under 21 years of age.

Non-Discrimination

You have the right not to receive discriminatory treatment for the exercise of your rights under the CCPA, subject to certain limitations.

California Shine the Light Law

If you are a California resident and a customer, you have the right to request information from retailers once per calendar year regarding customer personally identifiable information that they share with third parties for the third parties' direct marketing purposes. We do not share that type of information, for those purposes.