1. INTRODUCTION AND CONSENT.
1.1 OUR COMMITMENT TO PRIVACY.
2. INFORMATION WE COLLECT.
We receive and store any information you enter on our Site or give us in any other way, which includes:
2.1 INFORMATION YOU GIVE TO US.
2.1.1 INFORMATION REQUIRED FOR THE USE OF THE WHICHWINERY PLATFORM.
We ask for and collect the following personal information about you when you use WhichWinery.com. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations.
- Profile Information. When you sign up for a WhichWinery Account, we require certain information such as your first name, last name, email address, zip code and date of birth.
- Booking Information: To use certain features of the WhichWinery Platform (such as booking Exclusive Experiences), we may require you to provide necessary information to complete booking request, such as first and last name, number of people in party, phone number, preferred date and time of appointment.
- Payment Information. To use certain features of the WhichWinery Platform (such as booking Exclusive Experiences), we may require you to provide payment information to facilitate the processing of payments.
2.1.2 INFORMATION YOU CHOOSE TO GIVE TO US.
You may choose to provide us with additional personal information to obtain a better user experience when using WhichWinery.com. This additional information will be processed based on your consent.
- Exclusive Experience Information. If you choose to purchase a WhichWinery Exclusive Experience, you may choose to provide additional information to enhance your Experience, (such as wine preferences, food allergies, dietary restrictions, and anything else you choose to provide to make your experience memorable). This additional information, as indicated on the form itself, will be provided to the vendor(s) you purchase an experience with.
- VIP Experience Information: If you choose to utilize our VIP services, you may choose to provide additional information (such as first and last name, email address, phone number, party size, start date, start time, end date, end time, preferred VIP services, preferred winery experiences, preferred style of experiences, special requests, wine preferences, group budget, average age in group, anything you choose to provide to make your experience memorable).
- Other Information. You may otherwise choose to provide us information when you fill in a form, respond to a search, partake in a VIP service, request additional services, post to community forums, participate in promotions, or use other features of WhichWinery.com
2.1.3 INFORMATION REQUIRED FOR PAYMENT TRANSACTIONS.
- Payment Transaction Information. WhichWinery utilizes a 3rd party to process payment transactions (Stripe, PayPal, Square). All information provided to 3rd parties while on WhichWinery.com is stored directly on 3rd party servers; no payment information is stored on WhichWinery.com.
2.2 INFORMATION WE AUTOMATICALLY COLLECT FROM YOUR USE OF THE WHICHWINERY PLATFORM.
When you use the WhichWinery.com Platform, we automatically collect information, including personal information, information about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the WhichWinery.com Platform.
- Geo-location Information. When you use certain features of the WhichWinery.com Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience.
- Usage Information. We collect information about your interactions with the WhichWinery.com platform such as, referring and exit pages, pages or content you view, time and date of access, number of ‘clicks’ of 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.
- Log Data and Device Information. We automatically collect log data and device information when you access and use the WhichWinery.com platform, even if you have not created a WhichWinery.com account or logged in. That information includes, among other things: details about how you’ve used the WhichWinery Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, domain servers, types of devices accessing the site, types of web browsers used to access the site, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the WhichWinery.com Platform.
(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 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.
2.3 INFORMATION WE COLLECT FROM THIRD PARTIES.
WhichWinery, Inc. may collect information, including personal information, that others provide about you when they use the WhichWinery.com Platform or from other sources and combine that with information we collect through the WhichWinery Platform. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
- Third Party Services. If you link, connect, or login to your WhichWinery Account with a third party service (e.g. Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
- Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data, from third party service providers and/or partners, and combine it with information we have about you. We may receive information about you and your activities on and off the WhichWinery.com Platform through partnerships, or about your experiences and interactions from our partners.
3. HOW WE USE INFORMATION WE COLLECT.
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the WhichWinery.com Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
3.1 PROVIDE, IMPROVE, AND DEVELOP THE WHICHWINERY PLATFORM.
Generally, we use the information we collect for:
- enabling you to access and use the WhichWinery.com platform
- operate, protect, improve, and optimize the WhichWinery.com Platform and Exclusive Experiences, such as by performing analytics and conducting research.
- 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.
- provide customer service.
- send you service or support messages, updates, security alerts, and account notifications.
- registration and account management, which includes facilitating access and troubleshooting;
- communication with you, which includes responding to your questions or comments and to solicit your input through surveys
- publication of your reviews, ratings, forums posts, and other content to our community
- serving you relevant content. 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.
We process this information given our legitimate interest in improving the WhichWinery Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.
3.2 CREATE AND MAINTAIN A TRUSTED AND SAFER ENVIRONMENT.
- Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
- Conduct security investigations and risk assessments.
We process this information given our legitimate interest in protecting the WhichWinery.com Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
3.3 PROVIDE, PERSONALIZE, MEASURE AND IMPROVE OUR ADVERTISING AND MARKETING.
- send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about the WhichWinery.com platform or partner campaigns and services and social media advertising through social media platforms such as Facebook or Google).
- personalize, measure, and improve our advertising.
- administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by WhichWinery, Inc. or its third party partners.
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications.
4. SHARING & DISCLOSURE.
4.1 WITH YOUR CONSENT.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third-party application or website to access your WhichWinery.com account or provided information, or when you participate in promotional activities conducted by WhichWinery, Inc. partners or third parties.
4.2 PROFILES, WINERY LISTINGS, EXPERIENCE LISTINGS AND OTHER PUBLIC INFORMATION,
The WhichWinery.com Platform lets you publish information, including personal information, that is visible to the general public. For example:
- parts of your winery profile page, such as your winery name, description, winery contact, city, are publicly visible to others.
- experience pages are publicly visible and include information such as the Experience’s approximate location (neighborhood and city) or precise location (where you have provided your consent), Listing description, calendar availability, your public photos, aggregated demand information (like page views over a period of time), and any additional information you choose to share.
- in the near future, Guests and Hosts may write Reviews and rate each other. Reviews and Ratings will be part of the public Experience or Winery page and may also be surfaced elsewhere on the WhichWinery Platform
- if you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the WhichWinery.com Platform, that content is publicly visible.
- 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.
Information you share publicly on the WhichWinery.com Platform may be indexed through third party search engines. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
4.3 ADDITIONAL SERVICES.
WhichWinery, Inc., our winery partners, and/or Experience partners may need to use third party services to assist with managing their experiences or providing additional services requested by you, such as accommodations, dining reservations or travel arrangements. Information about guests (such as trip dates, winery appointments, Guest name, Guest phone number, Guest wine preferences, Guest dietary restrictions) with such third party service providers for the purposes of coordinating the day’s events, managing the appointments or providing other services.
4.4 COMPLIANCE WITH LAW, RESPONDING TO LEGAL REQUESTS, PREVENTING HARD AND PROTECTION OF OUR RIGHTS.
WhichWinery, Inc. may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against WhichWinery, Inc., (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, property or personal safety of WhichWinery, Inc., its employees, its Members, or members of the public.
Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon WhichWinery, Inc., its Members and the Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
4.5 SERVICE PROVIDERS.
WhichWinery, Inc. uses a variety of third party service providers to help us provide winery and wine-related services related to the WhichWinery.com Platform. Service providers may be located inside or outside of the European Economic Area (“EEA”).
Information provided to the service providers will consist of pertinent information necessary for upcoming experiences you have booked with said providers:
- Exclusive Experience Information. If you choose to purchase a WhichWinery Exclusive Experience, you may choose to provide additional information to enhance your Experience, (such as wine preferences, food allergies, dietary restrictions, and anything else you choose to provide to make your experience memorable. This additional information, as indicated on the form itself, will be provided to the vendor(s) you purchase an experience with.
- VIP Experience Information: If you choose to utilize our VIP services, you may choose to provide additional information (such as first and last name, email address, phone number, party size, start date, start time, end date, end time, preferred VIP services, preferred winery experiences, preferred style of experiences, special requests, wine preferences, group budget, average age in group, anything you choose to provide to make your experience memorable). This information will be provided to vendors affiliated with your trip arrangements.
4.6 SOCIAL MEDIA PLATFORMS.
Where permissible according to applicable law we may use certain limited personal information about you, such as your name, to share it with social media platforms, such as Facebook or Twitter, to generate leads, drive traffic to our websites or otherwise promote our products and services or the WhichWinery.com Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal data are not controlled or supervised by WhichWinery, Inc. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.
Please note that you may, at any time ask WhichWinery, Inc. to cease processing your data for these direct marketing purposes by sending an e-mail to firstname.lastname@example.org
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.
4.8 AGGREGATED DATA.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
4.9 OPTING OUT.
If you do not want us to share your Contact Data with any third parties, please email us at email@example.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.
5. OTHER IMPORTANT INFORMATION.
5.1 ANALYZING YOUR COMMUNICATION.
We may review, scan, or analyze your communications on the WhichWinery.com Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on WhichWinery, Inc.’s legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
5.2 LINKING THIRD PARTY ACCOUNTS.
You may link your WhichWinery.com Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” In the near future, your WhichWinery account will be public facing, and when you create this link to your third party networking service:
- some of the information you provide to us from the linking of your accounts may be published on your WhichWinery Account profile;
- your activities on the WhichWinery.com Platform may be displayed to your Friends on the WhichWinery Platform and/or that third party site;
- a link to your public profile on that third party social networking service may be included in your WhichWinery public profile
- other WhichWinery users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
- other WhichWinery users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking service;
- the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
- the publication and display of information that you provide to the WhichWinery.com platform through this linkage is subject to your settings and authorizations on the WhichWinery Platform and the third party site.
We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
5.3 GOOGLE MAPS/EARTH.
6. THIRD PARTY PARTNERS & INTEGRATIONS.
The WhichWinery.com Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). WhichWinery, Inc. doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, WhichWinery, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
7. YOUR RIGHTS.
You may exercise any of the rights described in this section by sending an email to firstname.lastname@example.org. Please note that we may ask you to verify your identity before taking further action on your request.
7.1 MANAGING YOUR INFORMATION.
You may access and update some of your information through your Account settings. If you have chosen to connect your WhichWinery Account to a third-party application, like Facebook, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
7.2 RECTIFICATION OF INACCURATE OR INCOMPLETE INFORMATION.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your WhichWinery Account).
7.3 DATA ACCESS AND PORTABILITY.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
7.4 DATA RETENTION AND ERASURE.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the WhichWinery.com Platform to you, you can request that we erase your personal information and close your WhichWinery Account. Please note that if you request the erasure of your personal information:
- We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a WhichWinery Account for fraud or safety reasons, we may retain certain information from that WhichWinery Account to prevent that Member from opening a new WhichWinery Account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, WhichWinery, Inc. may keep some of your information for tax, legal reporting and auditing obligations.
- Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the WhichWinery.com Platform, even after your WhichWinery Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
- Because we maintain the WhichWinery.com Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
7.5 WITHDRAWING CONSENT AND RESTRICTION OF PROCESSING.
Where you have provided your consent to the processing of your personal information by WhichWinery, Inc. you may withdraw your consent at any time by changing your Account settings or by sending a communication to WhichWinery, Inc. specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of WhichWinery, Inc. override your own.
7.6 OBJECTION TO PROCESSING.
In some jurisdictions, applicable law may entitle you to require WhichWinery, Inc. not to process your personal information for certain specific purposes where such processing is based on legitimate interest. If you object to such processing WhichWinery, Inc. will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask WhichWinery, Inc. to cease processing your data for these direct marketing purposes by sending an e-mail to email@example.com.
8. OPERATING GLOBALLY.
8.1. WEBSITE NOT FOR USE BY PERSONS UNDER AGE 18.
This Site is intended for persons age 18 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 eighteen (18) years
8.2 VISITING OUR WEBSITE FROM OUTSIDE THE UNITED STATES.
8.2 CALIFORNIA PRIVACY RIGHTS.
California law permits Members who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact” section for where to send such requests. WhichWinery, Inc. does not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your WhichWinery Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your WhichWinery Account, please contact us following the instructions in the Contact Us section below.
11. CONTACT US.