Privacy Policy & Terms of Use

WX Brands Privacy Policy

Effective Date: 05/06/2021

Winery Exchange, Inc. dba Winery Exchange (“WX Brands”) is the company behind great wine brands, including Spirito d’Italia. To see a full list of our brands, visit www.wxbrands.com. We understand that you care about how we collect, use, and share information when you interact with our websites, social media sites and handles, email, and online services (“Services”), and we value the trust you place in us. This Privacy Policy explains:

the types of information we collect through our Services
how we use and protect that information
the types of information we may share with others and under what circumstances
the choices you have regarding our collection, use, and sharing practices
details regarding our use of third party cookies and other tracking technologies

We also include specific disclosures for residents of the European Economic Area, UK, and Switzerland, as well as California and Nevada.

This Policy applies when you interact with us through our Services. It also applies anywhere it is linked. It does not apply to non-WX Brands websites and mobile applications that may link to the Services or be linked to or from the Services; please review the privacy policies on those websites and applications directly to understand their privacy practices.

For questions about our privacy practices, contact us at:

500 Redwood Blvd., Suite 200, Novato, CA 94947

(415) 382-6900

Email: [email protected]

Information We Collect

Information you give us: Some of the Services may include features or services that permit you to enter contact information and other information about you. We collect and store any information you enter on our Services. This includes:

Contact and demographic information when engaging us for one of complementary services.
Payment information and associated contact information when engaging in a transaction with us.
Email address information when subscribing to our email bulletins.
Information you provide when you complete a survey administered by us or a service provider acting on our behalf.
If you contact us, we may keep a record of that correspondence and any contact information provided.

We may from time to time offer you opportunities that are sponsored or co-branded with third parties. Such content may include contests, sweepstakes or promotions. In connection with such opportunities, the relevant third parties may obtain personal information that you voluntarily submit to participate in such opportunities. We do not control these third parties’ use of such information.

Information We Collect From Other Sources: We may also receive information about you from other parties:

Information about your interests, activities, and employment history from social networks and other places where you choose to share information publicly.
Information about your interaction with advertisements on our Services, or ads that we place on third party websites, from online advertising companies.

Information We Collect Automatically: When you interact with the Services, certain information about your use of our Services is collected automatically. This includes:

Details of your visits to our site and information generated in the course of the use our site (including the timing, frequency and pattern of service use) including, but not limited to, traffic data, location data, weblogs and other communication data, the resources that you access, and how you reached our site.
Details regarding the device you use to access our Services, including, but not limited to, your IP address, operating system and browser type.
Information about how you interact with our ads and newsletters, including whether you open or click links in any correspondence.

Cookies and Other Tracking Technologies

We use cookies and other technologies to provide features on our Services. We also partner with other companies that use these technologies to collect information about your use of our Services and your interaction with advertisements served on our behalf.

Specifically, Google Analytics, through use cookies or other tracking technologies, helps us analyze how users interact with and use our website, compiles reports on website activity, and provides other services related to our website activity and usage. The technologies used by Google may collect information such as your location, time of visit, whether you are a return visitor, and any referring website. We also use Google’s DoubleClick cookie to deliver tailored advertising based on your preferences or interests across services and devices and measuring the effectiveness of ads. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here.

Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Services may not be available, work, or work as designed. You may also be able to opt out of or block tracking by interacting directly with the other companies who conduct tracking through our Services.

You can learn more about ad serving companies and the options available to limit their collection and use of your information by visiting the websites for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.

Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest-based advertising from other companies that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.

Your browser or device may include “Do Not Track” functionality. At this time, WX Brands does not respond to browser “Do Not Track” signals.

How We Use and Protect Your Information

We may use the information we collect from you for the following purposes:

To market our products and Services to you.
To provide you with our products, including to take steps to enter into a contract for sale, process payments, fulfill orders, and send service communications.
To enable additional features on our Services and to provide you with a personalized service.
To provide you with the best service and improve and grow our business, including understanding our customer base and purchasing trends, and understanding the effectiveness of our marketing.
To detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal, and to comply with legal requirements regarding the provision of products and services.

How We Secure the Information We Collect From or About You

We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.

How We Share Your Information

We share information externally as follows:

Service Providers: We engage vendors to perform functions on our behalf, and they may receive information about you. These vendors are obligated by contract to use information that we share only for the purpose of providing these services. The business functions our vendors support include: billing and collection; auditing and accounting; professional services; analytics services; security; IT; and marketing emails.
Online Advertising Partners: We partner with companies that assist us in advertising about our Services to others who may be interested in the Services. These companies may use tracking technologies on our website to collect or receive information from the Services and elsewhere on the internet and then use that information to measure and target ads.
Social Media Platforms: Where you choose to interact with us through social media, your interaction with these programs typically allows the third party to collect some information about you through digital cookies they place on your device and other tracking mechanisms. In some cases, the platform may recognize you through its digital cookies even when you do not interact with their application. Please visit the platforms’ respective privacy policies to better understand their data collection practices and controls they make available to you.
Third parties who offer services you may be interested in: From time to time, Winery Exchange and select companies with which we have a relationship may use your personal information to notify you of new wines and releases, special offers, and events we think you will find valuable or of interest. We may share your personal information (other than credit card information) with third parties who we believe have products and services that may be of interest to you.
Government Entities: We may also share data when we believe in good faith that we are lawfully authorized or required to do so to respond to lawful subpoenas, warrants, court orders, or other regulatory or law enforcement requests, or where necessary to protect our property or rights or the safety of our employees, our Clients, or other individuals.
Potential Purchasers of Our Business: We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.

We may analyze aggregated, de-identified data and share these analyses at our discretion, including with marketing agencies, media agencies and analytics providers. These third parties will not be able to relate this data to identifiable individuals.

Cross-border Transfer of Data: If you use our Services outside of the United States, you understand that we may collect, process, and store your information in the United States and other countries. The laws in the U.S. regarding information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. By using the Services, you consent to the collection, international transfer, storage, and processing of your data.

Your Options and Rights Regarding Your Information

Please visit the “[Account Login]” page to update your contact information and payment method.

If at any time you would like to unsubscribe from receiving future emails, you can click the unsubscribe link at the bottom of any email bulletin, or email us at [email protected] we will promptly remove you from all correspondence.

Your California Privacy Rights

California Shine the Light

Residents of the State of California have the right to request information from regarding third parties to whom the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please email [email protected] or write to us at 500 Redwood Blvd., Suite 200, Novato, CA 94947.

California Consumer Privacy Act

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of information about them, as well as rights to know/access, delete, and limit sharing of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights.

To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below.

Notice at Collection Regarding the Categories of Personal Information Collected

You have the right to receive notice of the categories of personal information we collect, and the purposes for which we use personal information. You also have the right to know about the sources of the personal information and to whom it is disclosed or sold. The categories we use below to describe personal information are those enumerated in the CCPA.

Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. Service providers are restricted from using personal information for any purpose that is not related to our engagement.

Entities to whom we “sell” information are third parties. Under the CCPA, a business “sells” personal information when it discloses it to a company for monetary or other benefit. A company may be considered a third party either because the purpose for its sharing of personal information is not for an enumerated business purpose under California law, or because its contract does not restrict it from using personal information for other purposes.

We collect this personal information from the sources described in the Information We Collect section above for the purposes described in the How We Use Your Information section above.

Information Type	Collected	Disclosed to?	Sold to?
Personal Identifiers	· Contact information (name, phone number, address) · Social media handles and account information · Unique identifiers (such as those assigned in cookies)	Service Providers	Third Parties who offer services you may be interested in
Payment Information	· Payment card data	Service Providers	Not sold
Protected Classifications	· Age	Service Providers	Not sold
Commercial Information	· Transaction information · Billing and payment records · Order history	Service Providers	Not sold
Geolocation Information	· Coarse information (e.g., ZIP code, IP address)	Service Providers	Not sold
Internet or Electronic Network Activity Information	· IP address · Device identifier (e.g., MAC) · Advertising identifier (e.g., IDFA, AAID) · Information provided in URL string (e.g., search keywords) · Cookie or tracking pixel information · Information about your interaction with our website, app, or email correspondence	Service Providers	Online Advertising Partners
Inferences Drawn About You	· Interests · Preferences	Service Providers	Not sold

We do not collect Health Information, Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information, Professional or Employment-Related Information, or Education Information.

Personal information may be disclosed in additional, more limited circumstances, as described in How We Share Your Information above.

Right to Opt Out of Sale of Personal Information to Third Parties

You have the right to opt out of any sale of your personal information to third parties. To exercise your right to opt out of the sale of your personal information, please visit our “Do Not Sell My Personal Information” webpage or call us at (415) 382-6900.

Please note that your right to opt out does not apply to our sharing of personal information with service providers.

Right to Know and Request Access to and Deletion of Personal Information

You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request in certain circumstances that we delete personal information that we have collected directly from you. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

How to Submit a Request

You may submit a request to exercise your rights to know/access or delete your Personal Information through any one of the means below:

By filling out a Consumer Data Request Form available .
By calling us at (415) 382-6900.

Verification Procedures

In order to process your request to know/access or delete Personal Information we collect, disclose, or sell, we must verify your request. We do this by asking you to:

provide personal identifiers we can match against information we may have collected from you previously; and
confirm your request using the email or telephone account stated in the request.

We will not use personal information we collect in connection with verifying or responding to your request for any purpose other than responding to your request.

Authorized Agent

You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf through these means.

Special Information for Job Applicants

When you apply for a job with WX Brands, we collect certain information about you as outlined in this Policy. Information may be collected about you in multiple ways: you may provide it to us in connection with your application; we may make observations in the application process or collect information from public information sources; or you may authorize us to collect information from other sources, such as a former employer or reference.

The following table describes our practices with regard to information submitted in the job application process. If you use our website in the job application process, additional information may be automatically collected, as described above.

Information Type	Collected	Disclosed to?	Sold to?
Personal Identifiers	· Contact information (name, phone number, address) · Social media handles and account information	Service Providers	Not sold
Protected Classifications	· Race and ethnicity · Date of Birth	Service Providers	Not sold
Geolocation Information	· Coarse information (e.g., ZIP code, IP address)	Service Providers	Not sold
Professional or Employment-Related Information	· Current employer · Employment history	Service Providers	Not sold
Education Information	· Education history · Level of education	Service Providers	Not sold

In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

Special Information for Nevada Residents

Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to other companies who will sell or license their information to others. At this time, WX Brands does not engage in such sales. If you are a Nevada resident and would like more information about our data sharing practices, please email us at [email protected].

Information for Individuals Located in the EEA, UK, and Switzerland

We process “Personal Data” as that term is defined in the EU General Data Protection Regulation on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedom related to data privacy. Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities, as described above.

Users that reside in the EEA, UK, or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.

If you are a resident of the EEA, UK, or Switzerland, you are entitled to certain rights. Please note: In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you. These rights include the ability:

to request from us access to information held about you or request transmission of your data to a third party.
to ask for the information we hold about you to be rectified if it is inaccurate or incomplete.
to ask for data to be erased if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
to request that we restrict our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
to object to processing of your personal data based on our legitimate interests. We will no longer process the data unless there are compelling legitimate grounds for our processing that override your interests, rights, and freedoms, or for the purpose of asserting, exercising, or defending legal claims. You have the right to object to processing of your personal data for direct marketing at any time;
if we are processing your personal data based on your consent, to withdraw your consent at any time.

To submit a request to exercise your rights, please contact us at [email protected]. We may have a reason under the law why we do not have to comply with your request, or comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Changes to This Policy

We may make changes to this Policy from time to time. The “Effective Date” at the top of this page indicates when this Policy was last revised. We may also notify you in other ways from time to time about the collection, use, and disclosure of your personal information described in this Policy.

NOT DIRECTED TO PERSONS UNDER THE LEGAL DRINKING AGE

Our websites and Services are not intended for or directed to persons under the age of 21, and we do not knowingly collect information from persons under the age of 21. If we become aware that a person under the age of 21 has provided us with personal information, we will delete such information from our database.

WX Brands TERMS OF USE

By using this website (the “Site”), you agree to these terms of use. If you do not agree to these terms of use, please do not use the Site. We reserve the right to change these terms and any changes will be posted here.

NO UNLAWFUL OR PROHIBITED USE

You must be 21 years of age or older, the legal drinking age in the United States, to use this Site. You agree that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You agree not to use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site.

WINE PURCHASES

In order to purchase any wine, including becoming a member of our wine club, you must be 21 years of age or older and someone, age 21 or older, must be at the “ship-to” address to sign for the package on the day of delivery. Packages will not be left at your door. Shipping charges for returned and undelivered shipments will be at your expense.

You understand that wine club memberships are an ongoing membership. You must cancel your membership at least 30 days prior to your next shipment. The credit card on file will be charged prior to shipping. Additional terms will be provided when you sign up for the membership and on the membership page on this Site.

RESTRICTIONS ON USE OF MATERIALS

The contents of the Site are protected by U.S. and foreign intellectual property laws, including copyright and trademark. No material from the Site may be copied, reproduced, transmitted, or distributed in any way, except that you may download or reproduce one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices.

NO WARRANTIES

Your use of the Site is at your own risk. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. WE ALSO MAKE NO WARRANTIES AS TO THE AVAILABILITY OR SECURITY OF THE SITE OR WHETHER THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT WE (INCLUDING, ANY OF OUR AFFILIATES AND CONTENT PROVIDERS, AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, THAT MATERIALS ON THE SITE, AND/OR ANY LINKED SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES TO DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

INDEMNITY

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of these terms by you.

GENERAL

The Site is based in the United States in the State of California. We make no claim that the Site is appropriate outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use and any matter relating to the Site (including our Privacy Policy) are governed by the internal substantive laws of the State of California without regard to its conflict of laws principles. You agree that any controversy or claim arising out of or relating to this Site, this Agreement, or the breach thereof, shall be determined solely by the courts located in San Francisco, California.

LINKS TO THIRD PARTY WEBSITES

Our Site may contain links to other websites. Such linked sites are not under our control, and we are not responsible for the contents of any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or association.

CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your copyright or other intellectual property rights have been violated by content posted on this Site, please contact us at [email protected] and provide the following information:

A signature of a person authorized to act on behalf of the owner of the applicable copyright or other intellectual property right;
Identification of the allegedly infringed copyrighted work or works;
Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
Information reasonably sufficient to enable us to contact you (e.g. an address, telephone number, and email address);
A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.

ENJOY RESPONSIBLY

Please enjoy our wines responsibly. We believe that wine should be consumed in moderation. Consumption of alcohol in excess poses the risk of detrimental social, health and legal consequences.

We are committed to marketing responsibly. Our marketing, promotions, and communications do not feature or target under age consumers and will not portray or encourage excessive consumption.

Proposition 65

For more information about Prop 65, please visit http://www.oehha.ca.gov/prop65.html. Prop 65 requires California consumers receive the following notices:

WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects. For More Information, Go to www.P65Warnings.ca.gov/alcohol.

WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA. For a list of products go to: www.prop65bpa.org.

These Terms were last updated on March 15, 2022.