Last Modified: 2-8-21
Applejack Wine & Spirits Privacy Policy
The website, www.applejack.com (this "Site"), is owned and operated by Applejack Wine & Spirits ("Applejack," "we," "us," or "our"). This Privacy Policy (this "Policy") describes how we collect, use, retain, and disclose personal information about you when you access or use our Site, communicate with us, interact with our advertising on third-party websites and services (if such advertising includes links to this Policy), or visit our stores.
This Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy policy of every website you visit.
Please read this Policy carefully to understand our policies and practices with respect to your information. By using our Site and services, you accept the terms of this Policy and consent to the collection, use, retention, disclosure, and other practices described in this Policy. This Policy may change from time to time. Your continued engagement with our Site and services after any such revisions indicates that you accept and consent to them, so please check the Policy periodically for updates.
Please note that, for Nevada and California residents, sections 11 and 12, respectively, provide additional information regarding our privacy practices with respect to your personal information and supplement the other terms of this Policy. In the event of any inconsistency between the statements made in the rest of this Policy and the terms under sections 11 and 12, the terms under sections 11 and 12, to the extent applicable, will take precedent.
This Policy is divided up into the following sections:
- Information we collect
- How we collect information
- How we use information
- How we disclose information
- Marketing
- Choices
- Retention
- Security
- Do Not Track
- Children's online privacy
- Supplemental information for Nevada residents
- Supplemental information for California residents
- CCPA disclosures
- Rights under California law
- Changes to this Policy
- Contact information
1. Information we collect
For purposes of this Policy, "personal information" means any information that identifies you or reasonably can be linked to information that identifies you. It does not include anonymous or aggregated information, or information that otherwise does not identify or is reasonably linkable to you.
The types of information we may collect about you varies, but may include the following:
- - contact information, such as your name, email address, phone number, and postal address;
- - purchase, return, or exchange information, such as items you purchase, payment methods and payment information (such as debit or credit card number and information), billing and shipping address, and contact information;
- - preference information, such as your contact and marketing preferences;
- - profile and account information which, in addition to contact information, purchase information, and preference information, may include your account password, information about wish list items, items in your online shopping cart or saved for future purchase, and other information about your profile or account;
- - demographic information, which may include age or date of birth, gender, or other similar information about you;
- - location information;
- - technical information, such as your internet protocol (IP) address, browser type and version, time zone setting, browser plug-in types and versions, device type, device operating system, and unique device identifier;
- - usage information, such as information about how you access, use and interact with the Site and our products, services, and advertisements, which may include information about when and how you access and use our Site, the date and time of your visit or use, the websites you visit before coming and after leaving our Site, how you navigate and what you search for using our Site, the pages and items you view while on our Site, and the items you purchase;
- - social media information, such as information from social media platforms and networks that you use in connection with our Site, or that share or allow you to share information with us, such as Facebook, Instagram, and Twitter, which may include your username or profile picture;
- - video and/or audio recordings of you when you visit one of our stores;
- - call recordings, including information about your call and information you share on your call;
- - other personal information contained in content you submit to us or our service providers, such as in online forms or other communications; and
- - recruitment-related information, including in connection with our careers pages, such as information about your education history and work experience, information about your professional references, your legal work eligibility status, and other personal information relevant to specific job opportunities for which you may apply and/or that you choose to provide in your resume or other content you submit when you apply for a job.
- How we collect information
We collect information in a variety of ways, including on our Site, in our stores, and through communications with you on the phone or through email. We may also obtain information from and about you from third parties or publicly available sources. For example, we collect and obtain information:
- - that you provide, such as when you make in-store or online purchases, put items on your wish list or in your online shopping cart, interact with salespeople, visit or contact us, register for an online account, participate in a contest, sweepstake, promotion or survey, engage in a promotional activity, apply for employment, sign up to receive marketing or other communications, or post a review or comment on one of our social media pages;
- - during visits to our stores, including information described in the bullet point above (i.e. information that you provide), as well as video and/or audio recordings that we may collect for security, fraud, loss prevention, incident reporting, and operational purposes;
- - from third parties, such as our service providers, business partners, subcontractors, and analytics providers we use to support our business, including from third parties for recruitment purposes;
- - from social media platforms and networks that you use in connection with our Site, or that share or allow you to share information with us, such as Facebook, Instagram, and Twitter. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our Site (e.g., to log into an account or to share content with your friends or followers on social media), we will collect the information that you share with us, or that those social media platforms or networks share with us. For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use;
- - as you interact with our Site. We may use automatic data collection technologies, such as cookies (small data files that are stored on your hard drive), to collect certain information about your equipment, browsing actions, and patterns, including information about your online activities over time and across third-party websites or other online services. This information helps our Site work correctly and supports our customer marketing and analytics efforts to understand our customers' needs and provide information about our products and services. For example, we may collect technical information and/or usage information when you visit our Site, such as your IP address, device type, device operating system and browser type, unique device identifier, information about when and how you access and use our Site, the date and time of your visit or use, the websites you visit before coming and after leaving our Site, how you navigate and what you search for using our Site, the pages and items you view while on our Site, and other information about your session on our Site. We may also use first- and third-party technologies, such as cookies, to collect information about the use of our Site. We use these tools to provide an integrated and more personalized shopping experience for you. For example, they allow us to provide you relevant information as you use or return to our Site and allow us to know if a certain webpage was visited, or if our advertisements are effective. Please see section 6 (Choices) to learn more about available options to make and manage preferences with respect to such cookies and technologies.
- How we use information
We use the information we collect to provide our Site, products and services, communicate with you, and to conduct other business operations, such as to improve and personalize your experiences on the Site and with our services and products, and for recruitment purposes. Examples of how we may use information we collect or obtain include:
- - to fulfill the purposes for which you provided the information or that were described when it was collected, including to process and fulfill your orders and provide you with products and services you purchase, provide you with customer service, process your contest or sweepstakes entries, process surveys you complete, process and respond to your other requests and inquiries, and to monitor and improve our responses;
- - to otherwise manage our relationship with you, such as to notify you about changes to our Site, products, or services;
- - for recruitment purposes, such as for recruitment, selection, evaluation and appointment, general human resources administration and management, carrying out satisfaction surveys, application analysis such as verification of references, background checks and related assessments, compliance with corporate governance and legal requirements, and communication purposes, including for application status updates and to inform about future opportunities;
- - for personalization of your experiences with us, including to remember your interests and preferences, customize the products and services we share with you, track and categorize your activity and interests on our Site, and enrich your experiences in our stores and on our Site;
- - for marketing and advertising, such as to send you marketing and advertising communications and to customize the marketing and advertising that we show you (please see section 6 (Choices) below for more information about the choices we offer with respect to receiving such marketing and advertising communications);
- - for analytics, such as to understand how you use our Site, understand how you shop with us, determine the methods and devices used to access our Site, and improve our Site;
- - for our business purposes, such as to provide, operate, develop and improve our business, Site, products, and services, maintain our accounts and records, detect and prevent fraud or misuse of our services, conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical and survey purposes, and for any other business purpose permitted by law;
- - to meet our obligations and enforce our rights arising from any contracts with you, including to resolve a dispute and to enforce this Policy or our other policies;
- - to comply with any court order, law, or legal process, including to respond to any government or regulatory request, prevent, detect, mitigate and investigate fraud, security breaches or other potentially prohibited or illegal activities, and to otherwise protect our Site, employees, users, customers, operations, and third parties;
- - 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, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice, unless otherwise permitted or required by applicable law.
- How we disclose information
We may disclose personal information that we collect or obtain as described in this Policy to:
- - service providers and other third parties we use to support our business, including those service providers which help us provide and improve this Site and our products and services, assist us with the prevention, detection, mitigation and investigation of potentially illegal or fraudulent acts and violations of this Policy and our other policies, as well as our shipping vendors, billing and refund vendors, payment card processors, companies that help us with other business operations, and service providers that provide recruitment services, such as recruitment agencies, consultants, and organizations that provide background check services. When we disclose personal information to service providers, where required by law, we enter into a contract that requires the recipient to keep that personal information confidential and not use it for any purpose except performing the contract;
- - social media platforms and networks such as Facebook, Twitter, and Instagram that offer functionalities, plugins, widgets, or tools in connection with our Site (e.g., to log into an account or to share content with your friends and followers on social media). If you choose to use these functionalities, plugins, widgets, or tools, certain information may be shared with or collected by those social media companies. For more information about what information is shared or collected, and how it is used, see the applicable social media company's privacy policy;
- - law enforcement, as authorized by law, or to comply with any court order, law, or legal process, or to otherwise protect our company or others, including to: (i) comply with our legal requirements, enforce this Policy or other policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property or safety; (ii) law enforcement or governmental agencies, or authorized third parties, in response to a verified request or legal process relating to a criminal investigation or alleged or suspected illegal activity or any other activity that exposes us, you, or any other of our users to legal liability; (iii) third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal basis; or (iv) we otherwise believe in good faith that the disclosure of information is necessary to protect the safety, property, or rights of Applejack, our customers, personnel, or other persons, including to protect the health or safety of our customers or Site users, address crimes committed on Applejack property, or identify and address fraud or financial risk;
- - a buyer or other successor in the event of 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, liquidation, or similar proceeding, in which personal information held by us about you is among the assets transferred; or
- - with your consent and/or to fulfill any purpose for which you provide your personal information.
- Marketing
We may use your information to contact you about our products and services that may be of interest to you and we may work with third-party companies for such advertising purposes, including to serve advertisements across the Internet and track and categorize your activity and interests over time on our Site and on third-party websites. We share information with these companies, and these companies may collect information, including technical information and usage information, when you visit our Site, which we describe in more detail in section 2 (How we collect information). These third-party companies also may collect or maintain information about you from your interactions, including directly with such companies, with other websites or companies that the third-party companies work with, or from your interactions with advertisements the third-party companies help display to you. The information that these companies collect or that we share may be used to customize or personalize the advertisements that are displayed to you.
We may share personal information with such third-party companies for our advertising and marketing purposes, though in general we do not share personal information about you with third parties for third-party marketing or advertising purposes.
For information about the choices you have with respect to the advertising and marketing practices described in this section, please see section 6 (Choices) below.
- Choices
We strive to offer you with choices about how personal information is used and shared.
You can opt out of receiving marketing messages from us by utilizing the "unsubscribe" link or mechanism provided on any marketing message sent to you or by contacting us at [[email protected]]. Please note that, even if you opt out of receiving marketing communications from us, we may still contact you for transactional or informational purposes. For example, we may contact you for customer service, product information, service or reminder notices, or recalls. We may also need to contact you with questions or information regarding your order.
You can manage preferences for receiving targeted ads from us by setting your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Site may become inaccessible or not function properly. For more information about cookies, please see section 2 (How we collect information) above.
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 Opt Out page.
We also encourage you to review your privacy options and settings with the social media platforms and networks you use to understand what choices you have about sharing information from those platforms and networks with us.
If you have registered for an online account, we allow you to access and update certain personal information that you have provided to us by logging into your account and using the features and functionalities available there. You may also send us an email at [[email protected]] to request access to, correct or delete personal information that you have provided and we will comply within practical and legal limits with your requests. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Please note that if you delete, or if you request that we delete, your personal information, copies of your personal information may remain viewable in cached and archived pages of our Site.
- Retention
We will only retain your personal information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements, or as otherwise permitted or required by applicable law. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances, including for research or statistical purposes, we may anonymize your personal information so that it can no longer be associated with you, in which case we may use this information indefinitely without further notice to you.
- Security
We have implemented and maintain reasonable security procedures and practices designed to protect your personal information from loss, misuse and unauthorized access, use, or disclosure. Unfortunately, the transmission of information via the internet is not completely secure. As such, we cannot guarantee the security of your personal information transmitted to us or our Site and any transmission of personal information is at your own risk.
- Do Not Track
Some browsers provide a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked. Like many other websites, at this time, we do not respond to such "do not track" signals.
- Children's online privacy
Our Site is intended for adults 21 years of age and older. We do not knowingly collect personal information from minors under the age of 21. However, if the parent or guardian of a child or minor under 21 believes that the child or minor has provided us with personal information, the parent or guardian of that child should contact us at [[email protected]] if they want this information deleted from our files.
- Supplemental information for Nevada residents
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to [[email protected]]. However, please know we do not currently sell data triggering that statute's opt-out requirements.
- Supplemental information for California residents
This section 12 supplements the information contained in sections 1 through 10 of the Policy and applies solely to California residents ("consumers" or "you"). We adopt this notice to comply with the CCPA and any terms defined in the CCPA have the same meaning when used in this section.
- CCPA disclosures
Pursuant to section 1798.130 of the California Civil Code, we have collected the following categories of personal information directly and indirectly from consumers, service providers, business partners, subcontractors, and analytics providers we use to support our business, and social media companies within the last 12 months: identifiers; personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)); protected classification characteristics under California or federal law; commercial information; Internet or other similar electronic network activity; geolocation data; audio, electronic, visual, thermal, olfactory, or similar information; professional or employment-related information; and inferences drawn from other personal information.
We may use or disclose such information (as described in more detail in section 1 (Information we collect)) for one or more of the purposes described in section 3 (How we use information) and section 4 (How we disclose information). We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice, unless otherwise required or permitted under applicable law.
As described in more detail in section 4 (How we disclose information), we may share your personal information or disclose it to a third party for a business purpose, which may include the following categories of third-party recipients: service providers, business partners, subcontractors, analytics providers, social media companies, law enforcement, buyers or successors.
In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose: identifiers; personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)); protected classification characteristics under California or federal law; commercial information; Internet or other similar electronic network activity; geolocation data; audio, electronic, visual, thermal, olfactory, or similar information; professional or employment-related information; and inferences drawn from other personal information.
In the preceding 12 months, we have not sold personal information.
- Rights under California law
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information, as described in this section 12.2.
Access to specific information, portability, and deletion.
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months, including: (i) the categories of personal information we collected about you; (ii) the categories of sources for the personal information we collected about you; (iii) our business or commercial purpose for collecting or selling that personal information (where applicable); (iv) the categories of third parties with whom we share that personal information; (v) the specific pieces of personal information we collected about you (also called a data portability request); and (vi) if we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (a) sales, identifying the personal information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
You also have the right to request that we delete personal information that we collected from you and retained, subject to certain exceptions, such as if retaining the information is necessary for us or our service providers to complete the transaction for which we collected it, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, perform a contract with you, detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, comply with a legal obligation, or make other internal and lawful uses of that information that are compatible with the context in which you provided it.
To exercise these rights described above, please submit a verifiable consumer request to us by either calling us at [800-879-5225] or emailing us at [[email protected]]. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable request for access or data portability twice within a 12-month period. The verifiable request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable request to verify the requestor's identity or authority to make the request.
We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your verifiable 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.
Non-discrimination.
We will not discriminate against you for exercising your rights under CCPA. Unless permitted by the CCPA, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (iii) provide you a different level or quality of goods or services; or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
California's "Shine the Light" law.
Under California's "Shine the Light" law (Civil Code Section § 1798.83), Site users that are California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Please note, however, that we do not disclose personal information to third parties for their direct marketing purposes.
- Changes to this Policy
We may update this Policy from time to time and so you should review this page periodically. If we change this Policy, we will post the updated Policy on our Site and/or in our stores, and we will update the "Last modified" date at the top of the Policy. Changes to this Policy are effective when they are posted on this page. It is the user’s responsibility to review this Policy regularly. Use of the Site after any such updates constitutes acceptance of the then-current Privacy Policy.
- Contact information
Questions, comments and requests regarding this Policy and our privacy practices are welcomed and should be addressed to [[email protected]]. ”