Elbow Room Wine and Whiskey Club Privacy Policy November 26, 2024.
We respect your privacy and are committed to protecting it through our compliance with this Policy. This Privacy Policy (“Policy”) describes the types of information we may collect from you or that you may provide when you visit this website (the “Site”), and also describes our practices for collecting, using, maintaining, protecting, and disclosing that information.
Applicability of This Privacy Policy
This Policy applies to information that we collect on this Site (including when you interact with our advertising on third-party websites and services, if those applications or advertising include links to this Site), that you submit to us through a “Contact” form, and that is in any email messages between you and us. This Policy does not apply to information collected by us offline or through any other means, including on any other website operated by us, or by any third party, including through any social media or other online content (including advertising) that may link to or be accessible from or on the Site. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this Policy. This Policy may change from time to time, with or without notice. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Information We Collect About You and How We Collect It
The information we collect, including such potentially personal information as your name, company, company mailing address, email address, device information, browser information, telephone number, or payment information, on or through our Site may include:
· Information that you provide by filling in forms on our Site;
· Records and copies of your correspondence (including email addresses), if you contact us; and
· Your responses to surveys that we might ask you to complete for research or analytical purposes.
We collect several types of information from and about users of our Site, including:
· Information by which you may be personally identified, such as name, e-mail address, telephone number, website address, credit card account information, or any other identifier by which you may be contacted online or offline (“Personal Information”);
· Information that is about you but individually does not identify you;
· Information about your Internet connection, the equipment you use to access our Site, and usage details; and
· Information you provide to us when you complete a “Contact” form.
We collect this information:
· Directly from you when you provide it to us;
· Automatically as you navigate through the Site (information automatically collected may include usage details, IP addresses, and information collected through cookies, and other tracking technologies); and
· From third parties, such as our technology service providers, credit card servicers, or business partners.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
· Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site;
· Information about your computer and Internet connection, including your IP address, operating system, browser type, referring URL, your domain name, and information that may be aggregated to measure the number of visits, average time spent on the Site, pages viewed and similar website usage information in order to help us understand how to improve the Site’s content and functionality.
Cookies and Web Beacons
Your web browser offers so-called “cookies” which, if you allow their use, store small amounts of data on your computer when you visit a website. Cookies do not contain any personal information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best. You have the ability to accept or decline cookies by modifying your browser and our websites are viewable even if you disable the cookie function on your browser. However, if you disable cookies, some advanced and customized features or offerings will not be available to you.
Some pages on our websites may contain electronic images known as web beacons, which are also called “single-pixel gifs.” These images allow us to count users who have visited those pages and to deliver co-branded services. We also may include web beacons in promotional e-mail messages or newsletters in order to count how many messages have been opened and acted upon. Web beacons are not used to access your personal information, but they are a technique we use to compile aggregated statistics about usage on our websites. Web beacons collect only a limited range of information, including the time and date of page view, cookie number and description of the page on which the web beacon resides. Our website does not honor “Do Not Track” requests.
Purposes of Collection
We will never sell your Personal Information to a third party so that they can market or advertise to you. We will, however, use the Personal Information that we collect about you or that you provide to us:
· Display content and information to you about our products or services;
· Display products that may be of interest to you;
· Permit you to access web-based programs or use software applications we provide or operate;
· Provide you with customer service or order support, including processing returns or make goods;
· Ship products to you or provide services to you;
· Process payments or other financial transactions, including providing your information to third parties to help process or complete the payment or other financial transaction;
· Customize the content of the website or software application for you or others;
· Inform you of and administer promotions, contests or sweepstakes;
· Market our products or services;
· Share your information with vendors or service providers that provide services to us;
· Learn about your preferences and improve your website experience;
· Track Internet traffic and visitor use of our websites, webpages, or software applications;
· Help us address problems with and improve our websites, webpages, or software applications;
· Provide content via a content distribution network;
· Maintain suppression or opt-out lists that we may share with vendors or service providers so that you are not contacted if you request to opt-out of commercial emails or data sales;
· Analyze trends or other statistical information, which may be provided to our vendors or service providers using anonymous, aggregate, or de-identified data;
· Develop new products or services;
· Enhance existing products or services;
· Archive or backup our website, software applications, databases, or other data storage;
· Protect the security and integrity of our websites, computer networks, and software applications; or
· Contact you for other business reasons, if necessary.
You always have the right to "opt out" of receiving communications from us (see XXX below).
Persons Under the Age of 21
Our Site is directed to adults 21 years of age and older. We do not knowingly collect Personal Information from people under the age of 21, including children under the age of 16. A child’s parent or guardian should contact us if we have inadvertently collected information about that child without the parent or guardian’s authorization, so that we may delete such information from our files. No one under age 21 may provide any Personal Information on the Site. If you are under 21, do not use or provide any information on this Site. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us via email at daniel@elbowroomfresno.com. By using the Site or related software application, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist anyone under the age of 21 in accessing the Site or related software applications, or to attempt to contact anyone under 21 through our websites.
Disclosure of Your Information
We may disclose Personal Information that we collect or that you provide to us as described in this Policy:
· To fulfill the purpose for which you provide it (for example, if you contact us with a question and give us an email address, we will use that email address to provide information in response to your question);
· To process the information you provide us (for example, your Personal Information may be collected by, transmitted from, or shared with the technology service providers who support our Site or certain features on the Site);
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
· To report any suspected illegal activity to law enforcement officials and regulatory bodies, and in doing so, may disclose any relevant information to such officials and/or regulators, including, without limitation, your Personal Information, IP address(es), and your Sites usage history as provided in this Policy; and
· We may also disclose your information in the good faith belief that disclosure is otherwise necessary or advisable, including: to protect our rights or properties, or the rights or properties of others, or when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with or damage to our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
We may contract with other companies and service providers to provide certain services, such as name and address verification, email distribution, customer relationship management, payment processing, market research, or promotions management. We provide these companies with only that information needed in order for them to render the services we request and they are not entitled to use it for their own marketing or any other purpose.
Who We Share Your Information With
We may share your information with any of the following:
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your Personal Information following any of the foregoing events should be governed by the provisions of this Policy in effect at the time such Personal Information was collected. We may also disclose your Personal Information with your permission.
Information Collected by Third Parties
We do not control third parties’ collection or use of your information to serve Interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website at https://optout.networkadvertising.org.
Voluntary Posting
We may offer message boards, customer support online chat, or blogs on portions the Site and related software applications. Any information you voluntarily disclose when you post to one of these areas becomes public and may be used by us for online and offline promotional and commercial uses. If you choose to post, comment or otherwise share content on the Site or software application, you should be aware that any personal information you submit may be public and may be read, collected, or used by other users of those areas, who may include advertisers and other commercial enterprises. We are not responsible for any personal or company information you choose to submit to such publicly available portions of our website or software applications. You should be aware that if you voluntarily disclose information, personal or otherwise, online in any community area, such information can be collected and used by others. For example, if you post personal information online (such as your e-mail address), you may receive unsolicited messages from others. We have no control over this use of your personal information. We reserve the right to delete or remove any content you send to or publish on our website or to our software application, but have no obligation to do so to protect your personal information or otherwise.
Security
We use a variety of technologies and processes to protect customer data. Your personal information may be protected in part by the password you create when you register at our website or via our software application. The confidentiality of any password is yours to protect. You may change it at any time by following the instructions on the website. We do not guarantee the absolute security of your personal information, but do take reasonable efforts to secure your personal information, including the encryption of sensitive personal information. We will never request your credit card information by email. If you receive an email that appears to be a request from us for personal information, do not respond as this may be a "phishing" scam designed to steal your personal information. Email is not a secure means of communication.
Links to Other Websites
Our websites and software applications may contain links to websites owned by third parties. Please review the privacy policy of any site you access through our websites.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. Pursuant to Section 1798.83 of the California Civil Code, California residents have the right to request, once a year, whether we have shared their personal information with other companies for those companies’ direct marketing purposes during the preceding calendar year. To request a copy of our information disclosure, please email us at daniel@elbowroomfresno.com and please include “Shine the Light Request” in the subject line of your email. Please allow 30 days for a response. Notice to Users Outside of the United States This Site is located within the United States, and we currently do not sell alcoholic beverages for delivery outside of California. Nonetheless, users outside of the United States are advised that this Site and the services advertised on this Site are targeted for users in California, United States of America. Please be aware that if you are located in the European Union, the United Kingdom, Canada or elsewhere outside of the United States, any information you enter on this Site will be transferred outside of the country where you are to the United States of America, which may not offer an equivalent level of protection to that required in the country where you reside. European Union residents, in particular, are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self- regulation. Article 26 of the European Union’s Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country’s level of protection. By using this Site or by contacting us through a contact form, you consent to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by us on our servers located in the United States of America in accordance with this Policy.
Making Communication Choices
If you do not wish to be contacted via email, direct mail or telephone, please let us know your preferences by contacting Customer Service, or by filling out the form on the “XXX” webpage. Please provide your name, company name, company mailing address, email address and/or telephone number so that we may identify you correctly. You may also unsubscribe from our email using the link provided in each email. If you ask us to remove you from promotional lists, we will maintain your name on a "do not contact" list to ensure that we continue to honor your requests. We may request authentication or verification, such as logging in with your username and password, or confirmation of information you previously provided to us. Due to privacy concerns, we are unable to honor "opt out" requests made by a third party on your behalf, unless the third party is a parent of a minor or your authorized representative. For removal from mailing lists, it may take up to ten business days to process your request and, due to the fact that mailings are planned long in advance, 60 days to process your postal mail request. When you interact with our website to submit a purchase order or invoice, we will continue to confirm such transactions via email and, if questions arise concerning your order, we may contact you via email, postal address or telephone number. If you change your mind about your choices, you may start receiving promotional communications from us again by logging onto your online account and changing your preferences, by signing up when you visit our website, by signing up via our software application, when you enter a contest, sweepstakes or survey, or by contacting customer service.
We do not use automated telephone or text message marketing. However, we may communicate with you about your order or inquiry via individual telephone call or text message. If you wish for us to no longer communicate with you via text message, please inform your sales representative or email us at daniel@elbowroomfresno.com.
Accessing and Changing Your Information
You may request the personal information we have collected and stored about you by contacting us at daniel@elbowroomfresno.com with the subject line “Request to Know” or by sending a letter to our postal address below with the same request. For any request to disclose, modify, or delete your information, we will take reasonable steps to verify your identity prior to disclosing or changing your information, such as requesting verification of other information you have previously provided to us, verifying information we have provided to you such as an account number, or by matching your means of connecting to the Site to similar information we previously collected.
You may designate an authorized agent to act on your behalf by sending a letter to the postal address below with a signed letter that includes your name, email address, and date of birth for verification, along with either your signed designation of the authorized agent or a court order or similar legal document designating the authorized agent as acting for you (for example, a power of attorney or letters testamentary).
Your Rights with Your Personal Data
Depending on your country of residence, you may have certain legal rights in relation to your personal data that we maintain. Subject to exceptions and limitations provided by applicable law, these may include the right to:
· access and receive a copy of your personal data;
· correct your personal data;
· restrict the processing of your personal data;
· object at any time to the processing of your personal data;
· have your personal data erased;
· data portability;
· withdraw any consent you previously gave to the processing of your data (such as opting out to marketing communications);
· lodge a complaint with a data protection authority;
· request that we provide you with the categories of personal data we collect, disclose or sell about you; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal data; and the categories of third parties with whom we share personal data. This information may also be provided in this Policy.
Please note your rights and choices vary depending upon your location, and some information may be exempt from certain requests under applicable law. You may be able to exercise some of these rights by using the settings and tools provided in our services. For example, you may be able to update your user account details via the relevant account settings screen of our apps. You may also be able to opt out from receiving marketing communications from us by clicking an "opt out" or "unsubscribe" link in such communications. Otherwise, if you wish to exercise any of these rights, you may contact us using the details in the "Contact Us" section below. As permitted by law, we may ask you to verify your identity before taking further action on your request.
Governing Law, Jurisdiction, and Limitation of Actions
This Policy, and any disputes arising out of it, will be governed by the laws of the State of California, regardless of its conflict of law principles. WHEN YOU AGREE TO THE TERMS OF THIS POLICY, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES, TO THE EXTENT PERMITTED BY LAW, (1) THAT ALL LEGAL PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS POLICY MUST BE BROUGHT IN A FEDERAL OR STATE COURT LOCATED IN FRESNO, CALIFORNIA, AND THAT YOUR CLAIM(S) WILL BE FOREVER WAIVED AND BARRED UNLESS FILED WITHIN ONE YEAR OF THE TIME IN WHICH THE EVENT(S) GIVING RISE TO SUCH CLAIM(S) BEGAN. YOU EXPRESSLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF SAID COURTS AND CONSENT TO EXTRATERRITORIAL SERVICE OF PROCESS; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM.
Changes to This Privacy Policy
This privacy policy may be updated with five business days’ notice, with such notice posted until at least five business days after the revised privacy policy takes effect. Any material revisions to this privacy policy will be reasonably prominently posted on our websites, and will apply to information collected both before and after the revision to the extent permitted by law. Your use of the websites following any such revisions will be deemed your acceptance of such revisions. You should periodically visit this page to review our current policies on our collection and use of information. You may submit inquiries about this policy to us at the mailing address below, via email to daniel@elbowroomfresno.com, or by using the “Contact Us” webpage.
Contact Information
To ask questions or comment about this Policy and our privacy practices, contact us at daniel@elbowroomfresno.com.
Effective Date: 01.01.2016
Last Updated Date: 11.26.2024
