Last updated April 25, 2022
The DRINKS App (or the “App”) is created and operated by Drinks Holdings, Inc. (“DRINKS”, “we” and “us”). Privacy is a key part of the value we deliver to our customers through the unique App technology, and this privacy policy (the "Privacy Policy") sets forth our online data collection, use, security and sharing practices with respect to the App. The DRINKS App is a powerful tool that enables any Shopify Plus winery to leverage customized alcohol beverage tax and compliance capabilities in a streamlined integration with Shopify’s industry-leading checkout experience (collectively, the “Services”).
Please read this Privacy Policy carefully as it describes the types of information we may collect from you or that you may provide when you use the App, and also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. By using the App, you consent to the data practices described in this policy. If you do not agree to the terms of this Privacy Policy in their entirety, you may not access or otherwise use the App or its Services. You agree to the terms of this Privacy Policy when you do any one or more of the following: (a) install or otherwise integrate the App into your Shopify store; (b) access or use the App or the Services; or (c) access and/or view any of the content or features of the App or the Services. DRINKS is not responsible for the privacy practices of any third parties or service providers, and this privacy policy is intended only to govern the App. If you visit, or submit information to, any third-party applications or websites, your visit and information are governed by the privacy statements of the third party or third parties who own or operate those applications or websites. We encourage you to carefully read the privacy statements of any application you use or website you visit.
NOTICE OF ARBITRATION. WHEN YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES (1) A REQUIREMENT TO ARBITRATE ANY CLAIM, DISPUTE OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATE TO THIS PRIVACY POLICY OR YOUR USE OF THIS APP. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION SETTLE YOUR DISPUTE; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
INFORMATION COLLECTION
When you use the App or any aspects of the Services, we may collect the following types of information (collectively, and together with “Personal Information,” the “Information”).
To use the App, you will be required to register and provide personal information about yourself in order to create an account to use the App (an “Account”). Please be sure to protect the confidentiality of the login and password for any DRINKS Accounts you create. When you use the App or Services, or create an Account, we and our service providers may collect, use and share information, including personally identifiable information, you provide to us or that is processed through the App, such as name, date of birth, billing address, shipping address, email address, telephone number, Account password and credit card information (collectively, "Personal Information"), as well as product information such as product name, varietal, SKU, volume, quantity, price, and sales transactions, in addition to any other information you choose to share with us, and when you access the App or the Services from a mobile device we may also collect and use your device ID (also called a UDID).
We also collect information automatically through our computer servers when you access the App or visit our website (the “Site”). Our computer servers automatically record information that your browser sends whenever you visit a website. This includes internet protocol ("IP") addresses, browser type, operating system, Internet service provider (ISP), referring and exit pages, platform type, date/time stamp, click data, number of clicks, and other technical information about or from your computer in order to analyze trends, administer the App and Site, track users' movements, and gather and analyze demographic information. This log information is not linked to personal information unless you are an active customer or have otherwise provided such information to us.
We may also use other analytical tools to evaluate the performance of the App, Services or the Site through the use of aggregated data. We work with service providers that help us track, collect, and analyze this information. We may also track certain information about the identity of the sites you visited immediately before or after coming to this Site.
We value the opinions of our customers and want to continually improve your experience and our service offerings. Therefore, from time to time, we may ask you to provide a review or participate in a survey, and we will collect the information that you provide in the survey or review.
INFORMATION USE
We will use the Information you provide to us and that we collect for various purposes, including to: (a) communicate with you about the Services; (b) create your Account and send you information about the Services after you register an Account with us; (c) permit you to log into the App; (d) to perform the Services; (e) bill you for the Services; (f) contact you, for example, if there is an issue with any of the Services or to notify you regarding changes to the App or your Account; (g) prepare reports; (h) send you periodic emails; (i) respond to questions or other requests; (j) inform you of new products, services, promotions, and offers and those of our business partners through email, postal mail, telephone or other means; (k) improve the App, the Services, and any content, features and functions provided through the App; (l) provide customer service; (m) update and maintain the accuracy of our information; (n) use for our internal business purposes; (o) send you other notices in order to comply with applicable laws and regulations; (p) use for data analytics purposes; and (q) use for other purposes you consent to or as disclosed at the time you provide information to us.
Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.
We may also work with one or more data-modeling and/or data-append service which allows us to combine the information you have provided, or have permitted us to gather directly from you, including but not limited to Personal Information, with other data, including offline data, in order to learn more about consumer purchasing habits.
INFORMATION SHARING
We may share the Information, including without limitation, the Personal Information (and any other information we combine with the Information), with our affiliated companies and subsidiaries, our service providers, marketing partners and with carefully selected third-party organizations and marketers of products and services potentially of interest to you. We may also disclose Information, including Personal Information, to third parties, whether or not wholly owned by or under common control with us, as necessary to provide the Services you request, optimize the App or Services, and to conduct data analytics and marketing services. We require that our third-party service providers agree to keep all Personal Information shared with them confidential and use the Personal Information only to provide the services and perform their obligations to us.
We may share Information with our affiliates, subsidiaries, service providers and business partners for business purposes, and we may use Information to inform you of products, services, promotions, and offers through email, postal mail, telephone or other means. We will endeavor to provide a way to correct or update the Information when necessary to correct errors. If you receive a marketing email from us, there will be an option to unsubscribe from future emails. We may also share Information with other companies that provide support services that allow us to bring you the Services we offer, and process your requests, such as Shopify and data monitoring and analytics companies. We may also share Information with third parties that provide user review and customer survey services and that also provide data analytics and other business services. We provide these third-party companies only with the information they need to perform their services. We may also share Information with companies that help us market our products and services.
With respect to your credit card information, when you make a payment, your payment information is passed directly to our credit card processor in an encrypted format. We do not store your full credit card account number.
We may share the non-Personal Information we collect from you with third parties without express notice to or consent from you, and we may exploit, use and disclose non-Personal Information without limitation of any kind. We may share aggregate or summary information regarding users of the App or our Services that does not identify any individual personally with affiliates, subsidiaries, partners, advertisers or other third parties.
We may be required to disclose Information, including Personal Information, in response to subpoenas, court orders, requests from law enforcement officials, or if we are otherwise required to disclose such information by law.
As we develop our business, we might sell or buy businesses or assets. In the event of a company sale, merger, reorganization, dissolution, or similar event, the Information, including Personal Information, you provide to us or that we have gathered about you may be part of the transferred assets, and we may assign any of our rights and delegate any of our duties under this Privacy Policy at any time, without your consent, at our sole discretion. This Privacy Policy, along with the applicable term of use, will inure to the benefit of our successors, assigns and licensors, provided that any such party's use of Personal Information complies with the terms and conditions of this Privacy Policy.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Ac (“CPRA”) and other applicable California state privacy laws. For more information on your California privacy rights, click here.
CHILDREN’S PRIVACY
Our App is directed to adults 21 years of age and older. We do not knowingly collect any Information from people under the age of 21, including children under the age of thirteen. If we become aware that we have collected Personal Information from a user who is under the age of thirteen, we will remove that child's Personal Information from our files.
SECURITY
We use physical, technical and organizational safeguards designed to protect your information. While we strive to secure the information we collect, even reasonable security measures do not guarantee the security of information transmitted via the Internet. We cannot guarantee that the information we seek to protect will be protected under all circumstances, including those beyond our reasonable control and we cannot completely ensure or warrant the security of the Information you provide to us. You acknowledge and agree that you transmit information to us via the App at your own risk. Additionally, if you share emails you receive from us with others, you may be unintentionally sharing your Personal Information contained in these emails with such parties, and you acknowledge that you will be sharing it at your own risk.
OPT OUT
Upon your request, we will stop sending non-transactional emails to your email address. To stop receiving emails from us, simply click on the unsubscribe link located within one of our emails to you. Please allow up to ten (10) business days for the unsubscribe to take place. During that time, you may continue to receive communications from us that were already in process. Please note that even if you opt out, we may continue to contact you regarding the Services, your use of the App, your Account, or other transactions you initiate or have initiated, or to respond to any inquiry or request you make to us.
CONTACT US
If you have any questions or comments about our Privacy Policy, please contact us at privacy@drinks.com.
USERS OUTSIDE OF THE UNITED STATES
The App is located within the United States. Personal Information will be processed and shared in the United States, where data protection and privacy regulations may provide different levels of protection compared with non-United States jurisdictions. If you are located in the European Union, the United Kingdom, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the App or providing us with Information, you consent to this transfer of your Information.
DISPUTES
Any disputes regarding this Privacy Policy are subject to our Terms of Service. This Privacy 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 PRIVACY POLICY, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES, TO THE EXTENT PERMITTED BY LAW, (1) A REQUIREMENT TO ARBITRATE ANY CLAIM, DISPUTE OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATE TO THIS PRIVACY POLICY OR YOUR USE OF THE SITES. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE YOUR DISPUTE; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM TO THE EXTENT PERMITTED BY APPLICABLE LAW.
CHANGES TO THIS POLICY
We may change this Privacy Policy from time to time without notice to you. We encourage you to refer back to this policy periodically to ensure you are aware of our current policy. Your continued use of the App or the Services following the posting of any amendment, modification or change to this Privacy Policy shall constitute your acceptance thereof.