Which Winery



WHICHWINERY, INC.

PRIVACY POLICY

Effective Date: January 1, 2014


1. INTRODUCTION AND CONSENT.

1.1  OUR COMMITMENT TO PRIVACY.  WhichWinery, Inc. (“us,” “we,” or “Company”) is committed to respecting the privacy rights of its customers, visitors, and other users (“you”) of the Company Website (“the Site”). We collect certain information when you visit our Site in order to better serve you.  We created this website Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy.

This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. We recommend that you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

1.2  CONSENT. Our Privacy Policy is designed to advise you about how we collect, use, and protect the information you provide. By visiting this site, you are accepting the practices described in this Privacy Policy and the collection and use of your personal information as described herein.

2. INFORMATION COLLECTION PRACTICES

2.1. TYPES OF INFORMATION WE COLLECT.  We receive and store any information you enter on our Site or give us in any other way, which includes:

(a) TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of devices accessing the Site; (4) types of web browsers used to access the Site; (5) referring and exit pages; (6) platform types; (7) time and date of access; and (8) content viewed, pages visited, number of ‘clicks’ or other session records (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site.

(b) PERSONAL INFORMATION COLLECTED. In order for you to access certain premium services that we offer via the Site, we require you to provide us with certain information that personally identifies you (“Personal Information”).  Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, e-mail address and telephone number); and (2) Demographic Data (such as your zip code, age, gender). WhichWinery, Inc. may collect identifying information about you as provided by you, including but not limited to: product preferences, income, behavior, etc.. This information may at any time be used in conjunction with a 3rdparty and will only be provided with your permission. We may also ask you for information relating to your winery visit, preferences and recommendations.  Personal Information may reference you or another person or entity, for example, if you send content specific information to or about that other person or entity through our Site.  You should obtain the consent of other individuals prior to providing their personal information to us.  We are not liable for your disclosures of a non-user’s personal information on our Site, even if you are a registered member.  If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.

(c) LOCATION INFORMATION COLLECTED.  When you use our application (the “Application”) on a computer, mobile phone or tablet device (“Device”), we may collect and use information about you in broadly the same way and for substantially similar purposes as when you use our Site. In addition, we may collect information about your location, if you have instructed your Device to send such information to the Application, via the privacy settings on that Device, or if you have uploaded photos tagged with location information. We may use the location information collected from your Device or photos to enhance your use of the Application. For example, we may use your location to show you reviews of wineries near you. You can change the privacy settings of your Device at any time, in order to turn off the functionality to share location information with the Application and/or the functionality to tag your photos with location information. If you have any queries about the privacy settings of your Device, we suggest you contact the manufacturer of your Device or your mobile service provider for help.

(d)  COOKIES USED FOR COLLECTING INFORMATION.  We also use “cookies” to customize content specific to your interests and location and to ensure that you do not see the same advertisement repeatedly.  We use cookies to store visitors’ preferences, record session and user-specific information, such as web pages that are accessed, alert visitors to new areas that might be of interest upon returning to our Site, customize web page content based on visitors’ browser type or other information that the visitor sends.  Specifically, cookies help us:

(1)         Recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our site. For example, if you register on our site, we may use cookies to remember your registration information, so you do not need to log into our site each time you visit. We also may record your password in a cookie, if you checked the box entitled “Save this password for automatic sign-in.” Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes.

(2)     Customize the content, website experience, and advertisements provided to you on our websites and on other websites across the Internet. For example, when you access a web page, a cookie may be automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests.

(3)     Measure and research the effectiveness of website features and offerings, advertisements, and e-mail communications (by determining which e-mails you open and act upon).

The ‘Help’ portion of the toolbar on most browsers will explain how to prevent your browser from accepting new cookies, notify you when a new cookies have been received on your system, and how to disable cookies altogether.  Please note that if you do not accept cookies from us, you will not be able to access key portions of our Site.

2.2 INFORMATION COLLECTED BY BUSINESS PARTNERS AND AD NETWORKS.

We may also allow third parties to collect information about your online activities through cookies and other technologies. These third parties may include (1) business partners, who collect information when you view or interact with one of their advertisements on our sites, and (2) advertising networks that collect information about your interests when you view or interact with one of the advertisements they place on various websites on the Internet. The information gathered by these third parties is used to make predictions about your characteristics, interests or preferences and to display advertisements on our sites and across the internet tailored to your apparent interests. Please note that we do not have access to or control over cookies or other technologies these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy.

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at support@whichwinery.com.

2.3. ENTITIES WITH WHOM WE SHARE INFORMATION.

(a)   THIRD PARTY VENDORS.  Those entities that provide services or functions on our behalf, including business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf to operate features of our website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.

(b)  BUSINESS PARTNERS/AFFILIATES.  Those entities who, in conjunction with us, offer products or services.  You can tell when a third party is involved in a product or service you have requested because their name will appear, either separately or with ours relative to an offering. If you choose to access these optional services, we may share information with those partners about you, including your personal information. Please note that we do not control the privacy practices of these third-party business partners.

(c)  REFERRING WEBSITES.  If you were referred to us from another website, we may share personal information such as your name, email address, mailing address, telephone number preferences, with that referring website. We have not placed limitations on the referring websites’ use of personal information and we encourage you to review the privacy policies of any website that referred you to us.

(d)  SOCIAL MEDIA SERVICES.  You can choose to access certain third party social media websites and services through our site (such as Facebook). When you do so, you are sharing information with those sites, and the information you share will be governed by their privacy policies. We encourage you to modify your privacy settings with these third party social media websites, directly, or through your device settings, as appropriate.

(e)         OTHER USERS OF OUR SITE.  If you choose to create a profile on our Site, certain information in your profile will be publicly viewable and identifiable via your screen name.  You will have the ability to view your profile as members of the public will see it.

2.4 USES OF INFORMATION THAT WE SHARE.

(a) COMPANY USE OF INFORMATION. Generally, we use the information we collect for (1) registration and account management, which includes facilitating access and troubleshooting; (2) communication with you, which includes responding to your questions or comments and to solicit your input through surveys; (3) publication of your reviews, ratings, forums posts, and other content to our community; (4) measuring interest and improving our service and Site.  We use Contact Data to send you information about our company or our products or services, or promotional material from some of our partners, or to contact you when necessary. We may use your Demographic Data to customize and tailor your experience on the Site; displaying content that we think you might be interested in and according to your preferences.

(b) SHARING OF PERSONAL INFORMATION. We reserve the right to share certain categories of information we collect from you in the ways described in this Privacy Policy. We may share Demographic Data with advertisers, investors and other third parties on an aggregate (i.e.,non-personally-identifiable) basis. We may share Contact Data with other companies who may want to send you information about their products or services and promotions, unless you have specifically requested that we not share Contact Data with such companies.

We are committed to providing you with relevant content and information across our Site and affiliated sites. To do this, we may collect information about your winery-related searches, such as the location where you are searching for wineries, and use this information to serve you with ads on our sites or elsewhere online that match your apparent interests. So, for example, if you search for wineries in New York on WhichWinery.com, you may see an ad for a New York Travel package on WhichWinery or on another website you visit.

Your personal information may be shared publicly and with other members of our Site if you choose to participate in certain key features of our Site, such as winery reviews and ratings or photo uploads.  Additionally, if you choose to participate in our member-to-member communications programs, other members of our Site may contact you through our member contact functionality.  If you have signed up as the owner of a winery, the email address provided will be posted for others to contact you directly at. Also, we may send you email messages at the email address you provided to alert you when new reviews/ratings are posted in conjunction with your winery as well as alerting you when a review has fallen below an average level so you can take appropriate action on your end.

If you do not want us to share your Contact Data with any third parties, please email us at support@whichwinery.com or select the “opt out” box on our online forms, but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on our Site.  Only our registered members are able to rate and post winery reviews, participate in discussion forums, create connections with other members, journal winery experiences, upload photos, share wine-tasting experiences, bookmark, checkmark and ‘favorite’ wineries, and email or socially share content with others. Our newsletters, surveys and contests are also registered ‘member only’ activities.

If you decide to share personal information with us, we maintain a procedure for you to review and request changes to your Personal Information.  This procedure is described in Section 3.1, below.

(c) USER CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL INFORMATION. You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information. For example, only registered members are able to rate and post winery reviews, participate in discussion forums, create connections with other members, store winery experiences, post photos, record tasting experiences, bookmark and favorite wineries, e-mail and/or socially share our Site content, access members-only newsletters, and enter surveys, contests, or sweepstakes. In addition, some information is also required in order for you to ask us a question or initiate other transactions on our site.

If you do not wish to receive information and promotional material from us or from some of our partners, you may select the appropriate “opt-out” option each time we ask you for Personal Information.  You will also be given the opportunity to ‘unsubscribe’ from promotional e-mail messages that we may send you.  You may also indicate that you do not wish to receive marketing communications from us in the ‘Settings” section our Site.  Please note that we reserve the right to send you other communications that do not involve promotions, including service announcements, administrative messages, surveys relating to your account, without offering you the opportunity to ‘opt out’.

You may close your account with us by contacting us at support@whichwinery.com. We will send you an e-mail to confirm your request to close your account.  Please note that after your account is closed, you will no longer be able to sign in or access any of your personal information.  However, you may open a new account at any time.  Please also note that we may retain certain information associated with your account in our archives.

3. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. The privacy and protection of your information is important to us.  We do not make any personal information available to third parties without your permission.

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process, such as in response to subpoenas or court orders; (b) protect our rights, or property, or our users’ rights, property or safety, to include circumstances when we believe it is necessary to investigate, prevent or take action regarding illegal or suspected illegal activities; (c) enforce our Terms of Service; or (d) in connection with a corporate transaction, such as divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. In such circumstances, we reserve the right to raise or waive any legal objection or right available to use.  Your Personal Information is stored on secure servers that are not accessible by third parties.

We provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser.  We further protect your information from potential security breaches by implementing certain technological security measures including firewalls and secure socket layer technology.  However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.  By using our Service, you acknowledge that you understand and agree to assume these risks.

Your access to some services and content is password protected.  We advise that you do not disclose your password to anyone.  In addition, we recommend you sign out of password-protected services at the end of your session.

Our business practices are reviewed periodically for compliance with policies and procedures governing the security and confidentiality of our information.  Our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons.

3.1. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION. We take reasonable steps to ensure that your information is relevant to its intended use, accurate and complete.  We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. As a registered user, you may visit your personal profile at www.whichwinery.com. Through your personal profile you may: (a) review and update your Personal Information that we have already collected; At a future date, your profile settings will be enhanced to include the following additional options which you will also be able to review and update:  (b) choose whether or not you wish us to send you information about our company, or promotional material from some of our partners; (c) choose whether or not you wish for us to share your Personal Information with third parties; and/or (d) modify your e-mail subscription choices at any time.

3.2. WEBSITE NOT FOR USE BY PERSONS UNDER AGE 21.  This Site is intended for persons age 21 and over.  Accordingly, persons under the age of twenty-one (21) years are prohibited from subscribing to our Site. Therefore, we will not knowingly request or collect personally identifiable information online from any person under the age of twenty-one (21) years

3.3   VISITING OUR WEBSITE FROM OUTSIDE THE UNITED STATES.  If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country or other countries where information may be circulated.  We take steps pursuant to laws in the United States to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

3.4. LOST OR STOLEN INFORMATION. You must promptly notify us if your, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that, user name, or password from your account and update our records accordingly.

3.5. PUBLIC INFORMATION. The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also make chat rooms, forums, message boards, and groups available to you. Please understand that any information that is disclosed in these and/or other communicative areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

4. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.  You should check this page periodically for changes.  Your continued use of our Site following the posting of changes to this Privacy Policy indicates your consent to those changes.

5.  CONTACT US.  Should you have other questions or concerns about our Privacy Policy, please e-mail us at support@whichwinery.com.

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