California Privacy Statement

DRINKS Assure California Privacy Statement

Last updated November 8, 2024

This privacy notice for California residents supplements the information contained in the DRINKS Assure Privacy Policy (formerly, the DRINKS App Privacy Policy) and applies solely to users, customers and others who reside in the State of California (“You” or “California Consumer” or “California Consumers”) whose Personal Information (as defined below) is processed through DRINKS Assure. Any terms defined in the California Consumer Privacy Act of 2018, as amended (the “CCPA”) and the California Privacy Rights Act of 2020 (the “CPRA”) (together with any implementing regulations, and as may be amended from time to time, collectively, the “California Privacy Laws”), have the same meaning when used in this notice. Other capitalized terms have the same meaning as used in the DRINKS Assure Privacy Policy. The rights described herein are subject to exemptions under California Privacy Laws and other limitations under applicable laws.

PERSONAL INFORMATION WE COLLECT

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). Below are the categories of Personal Information we have collected or processed from California Consumers within the last 12 months, though we may collect or process all or just a few of the identified categories of information with regard to a particular California Consumer:

Identifiers, such as real name, postal address, IP address, email address or similar identifiers
Personal Information categories listed in Cal. Civ. Code § 1798.80(e), such as name, telephone number, and credit card number
Protected classification characteristics under California or federal law, such as age (over 40) and sex (including gender)
Commercial information, such as products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies
Internet or other electronic network activity, such as browsing history, search history, information on a California Consumer’s interaction with a website, application or advertisement
Inferences drawn from any of the above information, such as a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, and attitudes.

Please note that Personal Information does not include publicly available information from government records, deidentified or aggregated consumer information, and information excluded from the scope of California Privacy Laws, such as health or medical information or other Personal Information covered by other sector-specific privacy laws or federal regulations.

SOURCES OF PERSONAL INFORMATION

We obtain the categories of Personal Information listed above from the following categories of sources:

Directly and indirectly from you
Directly and indirectly from activity through ASSURE or our website and through usage details collected automatically from ASSURE or our website
From your mobile device or computer
From entities that interact with us in connection with the Services we perform
From government entities and public records
From other publicly available sources other than public records
From our affiliates and subsidiaries
From credit reporting agencies, credit and charge card companies, and anti-fraud companies used to process payments and assist with fraud prevention, detection and mitigation
From advertising and marketing partners
From our vendors, such as web hosting providers, analytics providers, or advertisers
From third-party service providers
From Internet or other electronic network activity information and technical information.

USES OF PERSONAL INFORMATION

We may use or disclose the Personal Information we collect in the following circumstances and for one or more of the following business purposes:

To facilitate the fulfillment of any Service request you submit to us, to process your order and payment, and to provide the Services You request.
To fulfill or meet the reason for which the information is provided.
To answer your questions and respond to your requests.
To provide you with information, products or services that you request from us.
To operate, maintain, and improve the services and other programs, features, and functionality related to the Services.
To provide you with emails, order status, alerts, notices and additional information and to communicate concerning ASSURE or our Services, or events, news, promotions or offers from us or our business partners we think may be of interest to you, sometimes by combining your information with information we obtain from other sources.
To send you reminders, technical notices, updates, security alerts, support and administrative messages, marketing messages, and requested information, including on behalf of our business partners.
To enhance other information we have about you to help us better understand you and determine your preferences and interests.
With our vendors and service providers who perform a variety of services and functions for us, such as data storage, data processing, transmitting emails, and managing digital content.
To carry out our obligations and to enforce our rights arising from any contracts entered into between you and us.
To manage our everyday business needs, such as administration of ASSURE and the Services, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and terms of use, or to comply with applicable law.
To protect our rights, users and business partners, or as part of legal proceedings affecting us.
To improve ASSURE and present its contents to our clients.
To evaluate your eligibility for certain types of offers, products, or services that may be of interest to you, and to analyze advertising effectiveness.
With our affiliates and subsidiaries who may only use the Personal Information for the purposes described in this Privacy Statement.
To verify and respond to your request(s) made pursuant to this Privacy Statement.
For testing, research, analysis and product development.
As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
For any purpose if the information has been aggregated, de-identified, or otherwise does not identify you personally.
As described to you when collecting your Personal Information or as otherwise set forth in the California Privacy Laws.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, receivership, liquidation, or similar proceeding in which Personal Information held by us is among the assets transferred.
As required to comply with the law or legal obligations or to respond to or comply with law enforcement agencies, state and federal regulators, or courts, such as to respond to a subpoena or similar legal process, or as needed to support auditing, compliance, and corporate governance functions.
We also may use Information collected as described in this Privacy Statement with your consent or as otherwise required or permitted by law.
If You use any features of ASSURE, the Services or our website to send information about a product or service to another person, we and our service providers will also collect the Personal Information of that other person to the extent disclosed by you and we or our service providers may contact them using the information you provided us for the purpose of completing the action or service for which the Personal Information was provided.

DISCLOSURE OF PERSONAL INFORMATION

We may disclose your Personal Information to another entity for a business purpose (as that term is defined under the California Privacy Laws) including using Personal Information for our or our business partners’ or service providers’ operational purposes, or other notified purposes, in a manner that is reasonably necessary and proportional to achieve the operational purpose for which the Personal Information was collected or processed or for another operational purpose that is compatible with the context in which the Personal Information is or was collected.

In the preceding twelve (12) months, we have generally disclosed the following categories of Personal Information for a business purpose. We may disclose all or some of these categories with regard to a particular California Consumer:

Identifiers
Personal Information categories listed in Cal. Civ. Code § 1798.80(e)
Protected classification characteristics under California or federal law
Commercial information
Internet or other electronic network activity
Inferences drawn from any of the above information.

We do not sell your Personal Information. However, pursuant to the definition of “sell” under the CCPA, which includes selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating Personal Information for monetary or other valuable consideration, we may “sell” your Personal Information in exchange for services, insights, or other valuable consideration. In the preceding twelve (12) months, we have generally disclosed all or some of the following categories of Personal Information for value, unless the California Consumer has opted out of such exchange:

Identifiers
Personal Information categories listed in Cal. Civ. Code § 1798.80(e)
Protected classification characteristics under California or federal law

REQUESTS PERTAINING TO YOUR PERSONAL INFORMATION

If you are a California resident and your Personal Information is subject to the California Privacy Laws, you may request (though not more than two times within any 12-month period) that we disclose certain and specific information to you about our collection and use of your Personal Information over the preceding twelve (12) months. You may also request that we not “sell” Your Personal Information to third parties, as that term is defined under the CCPA, also known as Your right to “opt out”.

You can exercise Your right to request information or to opt out by emailing us at privacy@drinks.com. Your request to opt out must clearly state Your intent to opt-out of the “sale” of your Personal Information. Your request for information must be a “verifiable consumer request”. Only you, or a person registered with the California Secretary of State who You authorize to act on Your behalf, may make a verifiable consumer request related to your Personal Information. A “verifiable consumer request,” as that term is used under the CCPA, must do all of the following:

Provide sufficient information that allows us, or a third-party whose services we engage for this purpose, to reasonably verify the request was submitted by either (i) you, the person about whom we collected Personal Information; or (ii) your authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
We cannot respond to your request if we cannot verify your identity or verify you are authorized to make the request on behalf of a California Consumer who is authorized to receive this information, and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will notify you in writing. We will deliver our written response by mail or email, at your option. Any disclosures we provide will only cover the twelve-month period preceding the date we receive your verifiable consumer request. If we cannot comply with a request, our response will explain the reasons. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

You may also request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. We are not required to comply with deletion requests if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debut products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

CHANGES TO THIS CALIFORNIA PRIVACY STATEMENT

We reserve the right to amend this privacy statement at our discretion and at any time. When we make changes to this privacy statement, we will notify you through a notice on the application support page, on our website, or via email.