Privacy policy

Overview and Scope
We at The Drinkery (the “Company,” “we,” “our,” or “us”) recognize the importance of protecting the privacy of personally identifiable information (“Personal Information” or “PII”) collected about you and other visitors (collectively, “Users”) through our website (the “Site”). We are committed to ensuring that your privacy is protected. To that end, this Privacy Policy (“Policy”) discloses our practices regarding the collection, use, and disclosure of the PII we receive through Users’ use of the Site. By using the Site, you accept the terms of this Policy. Users of the Service are under no statutory or contractual obligation, or other obligation to provide PII to us.

This Policy applies to the Site, which includes www.theDrinkeryLLC.com, its subdomains, and all of the websites and internet properties owned or operated by us, regardless of the medium by which the Site is accessed by Users (e.g., via a web or mobile browser).

Information We Collect

We are the sole owner of information collected on the Site. We collect several types of information from and about Users of the Site, including:

Personal Information: We may collect PII from you when you complete forms, navigate web pages, and in connection with other activities, services, features, or resources we make available on the Site. PII means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. PII does not include publicly available information from government records, deidentified or aggregate information, or information excluded from the scope of the CCPA. We do not collect Sensitive PII about you, unless authorized by applicable law.

The types of PII we have collected, used, stored, and disclosed in the last twelve (12) months include the following categories of information:

Category	Type(s) of Information
Identifiers	First Name, Last Name, Email, Phone Number, Postal Address, IP Address
Financial Information	Credit/Debit Card Number, Expiration Date, Security Code
Categories of PII listed in the CA Consumer Customer Records law	First Name, Last Name, Address, Phone Number Information within this category may overlap with other categories.
Characteristics of protected classifications under CA or US law	Age (40 years or older)
Commercial Information	Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or Other Similar Network Activities	Browsing History, Search History, Interactions with the Site
Inferences Drawn From Other Personal Information	A profile reflecting your preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes for use in providing personalized information, products, and services that we believe may be of interest to you
Geolocation Data	Geolocation, beacon based location, GPS location You may disable our use of certain identifiers and activities through your device or browser settings.

 
Sensitive PII: Sensitive PII includes information that reveals your social security, driver’s license, state identification card, or passport numbers, account log-in, financial account, debit card, or credit card numbers in combination with any required security or access code, precise geolocation, racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, the contents of mail, email, and text messages, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex
life or sexual orientation (“Sensitive PII”). As a general rule, we do not collect, use, or disclose Sensitive PII about you, unless authorized by applicable law. We shall otherwise seek explicit consent from Users prior to processing Sensitive PII.

Deidentified Information: We may collect deidentified information from you and aggregate information that may not by itself reasonably identify you as the source when you navigate the Site (“Deidentified Information”). Deidentified Information may include: (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law.

Children’s Information: This Site is intended for use only by those over 21 years of age. We do not offer our services or promote the Site to, nor do we intentionally collect or retain PII from, children who are younger than 16 years of age. If we discover that we have inadvertently collected information from a child under 16 years of age, we will promptly take all reasonable measures to delete such information from our systems.

Financial Information: We utilize third-party payment processors to process credit and debit card information (“Payment Card Information”). As a result, we do not collect or process Financial Information, including Payment Card Information.

Location Information: If you try to place an order through the Site or want information regarding where you can find our products near you, we may will ask you to grant us access to your device’s geolocation data to provide you with location-based features (e.g. where to find our products near you). If you grant such permission, we will collect information about your location to provide you with the requested information. If you prevent your device from sharing location information through your device’s system settings, you will not be able to place an order for certain products or utilize our full range of features
and services.

How We Collect Information

The information we collect depends on what Users do when they visit or utilize the Site. We collect PII and Deidentified Information in various ways, including:

Directly from You: We collect PII when you voluntarily submit PII to us while completing forms on the Site and in connection with other activities, services, features, or resources we make available on the Site. The PII we collect depends on what you do when you visit or utilize the Site or how you choose to communicate with us.

Through Your Use of the Site: We may collect PII and Deidentified Information that your browser transmits when you visit the Site. We may also collect Deidentified Information about how you access and interact with the Site through the use of automated tracking technologies, such as session cookies, persistent cookies, and web beacons.

A cookie is a small data file that is transferred to an internet browser, which enables the Site to remember and customize your subsequent visits. We may use session cookies to make it easier for you to navigate the Site. In particular, we may use session cookies to record session information, such as which web pages you visited and to track your activity on the Site. Session cookies expire when you close your browser. We may also use persistent cookies to track and target your interests to enhance your experience on the Site. Persistent cookies remain on your device for an extended period of time. Additionally, we may use web beacons, which are single-pixel, electronic images embedded in the Site that allow us to gather information about your browsing activities on the Site.

Most internet browsers automatically accept cookies. However, you can instruct your internet browser to block cookies or to provide you with a warning prompt before you accept cookies from the Site. Please refer to your internet browser’s instructions to learn more about these functions. If you reject cookies, the functionality of the Site may be limited and you may not be able to participate in several of the Site’s features.

From Social Media Sites: We may collect PII and Deidentified Information from social media platforms and networks that you use in connection with our Site, or that share or allow you to share PII and Deidentified Information with us, such as Facebook, Twitter, Pinterest, and Instagram. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our Site, we will collect the PII and Deidentified 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.

From Third Party Services: We may collect PII about you from third parties whose privacy practices may differ from the practices described in this Policy. We do not make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties. Your use of third parties’ services and/or third party websites is governed by and subject to the terms and conditions of those third parties and/or third party websites. We encourage you to carefully review the privacy policies and statements of such third parties and/or third party websites.

How We Use Information

We may use Users’ PII for lawful business purposes: (i) as necessary for the performance of our contract with Users, (ii) for our legitimate interests, so long as they are not overridden by Users’ own rights and interests, or (iii) as required by law. These purposes may include:

Delivery of the Services: We may use your PII to provide you with the products and services that you request, confirm whether our products are available in your area, evaluate your eligibility to use the Site or interact with our content, deliver the items you purchase, or otherwise perform our contract with you.

Direct Marketing: We may use your PII to send you promotional materials that we believe may be of interest to you. You have the right to opt-out of receiving direct marketing at any time.

Customer Service and User Communications: We may use your PII to help us respond to your inquiries, questions, requests, and support needs more efficiently.

User Experience Personalization: We may use your PII and/or Deidentified Information in the aggregate to analyze Users’ browsing and usage activities and patterns in order to understand Users’ interests and preferences with respect to the Site and our services. This will help us optimize your experience on the Site.

Business Optimization: We may use your PII and/or Deidentified Information to improve the content on our web pages, to customize the content and layout of our web pages, and in managing our everyday business needs. We may also use your feedback to improve the Site and our services. All of this is done with the intention of making the Site more useful for you.

Safety and Security: We may use your PII and/or Deidentified Information to promote the safety and security of the Site, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies. We will not collect additional categories of PII or use PII we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Third-Party Use of Cookies

Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site. The information they collect may be associated with your PII or they may collect information, including PII, about your online activities over time and across different websites and other online services. They may use this information to provide you with
interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Disclose Information

We may share any collected information, including PII, to a third party for our business purposes as described below. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the PII confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed PII for a business purpose to the categories of third parties indicated in the
respective chart below.

We may also share any collected information, including PII, with certain third parties to make our Site function properly and to deliver relevant personalized ads to you on and off our Site. While we do not sell PII to third parties for money, some of these disclosures may constitute “sharing” of PII under certain U.S. state privacy laws, as indicated in the respective chart below, and subject to certain opt-out rights. Otherwise, we do not sell, rent, or lease PII, and will not disclose Users’ PII to third parties without your permission. We do not knowingly “share” the PII from children under the age of 16 for targeted advertising purposes.

In the preceding twelve (12) months, we may have disclosed or “shared” PII to the following parties, subject to the charts below:

To Our Affiliates: We may disclose your PII to affiliates, including companies within the Drinkery group.

To Contractors and Service Providers: We may disclose your PII to third party contractors and service providers that assist us in providing user support, communicating with Users, and promoting our services, as well as third party contractors and service providers that provide other services to us relating to our services and/or the Site. For example, we may share your PII with our shipping partners and payment processors to complete and deliver the orders you make on the Site.

Internet Cookie Data Recipients: We may disclose your PII and/or Deidentified Information to internet cookie data recipients such as Google Analytics that analyze information regarding visits to our Site. To learn more about Google’s privacy practices, click here. To access and use the Google Analytics Opt-out Browser Add-on, click here.

Advertising Publishers and Data Analytics Providers: We may disclose your PII and/or Deidentified Information with advertising and data analytics providers that place advertisements on our behalf or provide statistical and analytic information regarding the effectiveness of our marketing, such as Google, Meta, Twitter, and other similar providers. If you have not opted-out, we allow these third-party companies to use device identifiers or cookies to collect certain information when you visit our Site which is then used to serve ads for our products or services when you visit our Site or other websites. These parties use non-identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and limited PII (e.g., static IP address) during your visits to our Site in order to provide advertisements about our goods and services likely to be of greater interest to you.

Law Enforcement, Safety, and Legal Processes: We may disclose your PII to law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your PII: (i) if required or permitted to do so by law; (ii) for fraud protection and credit risk reduction purposes; (iii) in the good-faith belief that such action is necessary to protect our rights, interests, or property; (iv) in the good-faith belief that such action is necessary to protect your safety or the safety of others; or (v) to comply with a judicial proceeding, court order, subpoena, or other similar legal or administrative process.

Sale or Acquisition of Assets: If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your PII as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use your PII pursuant to its own privacy policies, and those policies may be different from this Policy.

Type of Information Disclosed

In the last twelve (12) months, we have disclosed the following categories of PII to third parties for a lawful business purpose:

PII Category	Category of Third-Party Recipients
Identifiers	Affiliates, Service Providers, Business Partners, Parent Organizations, Internet Cookie Data Recipients (i.e. Google Analytics), Advertising Networks, Data Analytic Providers, Social Networks
Financial Information	Affiliates, Service Providers
Categories of PII listed in the CA Consumer Customer Records law	Affiliates, Service Providers, Business Partners, Parent Organizations, Internet Cookie Data Recipients (i.e. Google Analytics), Advertising Networks, Data Analytic Providers, Social Networks
Characteristics of protected classifications under CA or US law	Affiliates, Service Providers, Parent Organizations, Internet Cookie Data Recipients (i.e. Google Analytics), Data Analytic Providers
Commercial Information	Affiliates, Service Providers, Business Partners, Parent Organizations
Internet or Other Similar Network Activities	Affiliates, Service Providers, Parent Organizations, Internet Cookie Data Recipients (i.e. Google Analytics), Advertising Networks, Data Analytic Providers, Social Networks
Geolocation Data	Affiliates, Service Providers

Categories of PII “Shared”

In the preceding twelve (12) months, we may have “shared” the following categories of PII to third parties for the purpose of providing personalized advertisements to you:

PII Category	Category of Third-Party Recipients
Identifiers	Internet Cookie Data Recipients, Advertising Networks, Data Analytic Providers
Categories of PII listed in the CA Consumer Customer Records law	Internet Cookie Data Recipients, Advertising Networks, Data Analytic Providers
Internet or other electronic network activity information	Internet Cookie Data Recipients, Advertising Networks, Data Analytic Providers

Security

The security and confidentiality of your PII is very important to us. We use commercially reasonable security measures to protect your PII on the Site. However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect your PII, we cannot guarantee or warrant that your PII will be completely secure (i) from misappropriation by hackers or from other nefarious or criminal activities, or (ii) in the event of a failure of computer hardware, software, or a telecommunications networks.

Data Retention

We will retain Users’ PII (including Sensitive PII, where applicable) while they maintain an account with us or to the extent necessary to provide the services through the Site. Thereafter, we will keep PII for as long as reasonably necessary: (i) to respond to any queries from Users; (ii) to demonstrate we treated Users fairly; (iii) for ordinary business continuity procedures; or (iv) to comply with any applicable laws. We delete PII within a reasonable period after we no longer need the information for the purposes set out in this Policy.

Legal Rights

CCPA California Resident Rights

If you are a California resident, the CCPA grants you certain data privacy rights. Your rights include the:
● Right to Access: You have the right to request a copy of the specific pieces of PII that we have collected about you in the previous twelve (12) months. The information will be delivered by mail or electronically. Upon receipt of a Verifiable Consumer Request, we will disclose:
o The categories of PII we have collected about you;
o The categories of sources from which PII is collected;
o Our business purpose for collecting PII;
o The categories of third parties with whom we share PII, if any; and
o The specific pieces of PII we have collected about you.
● Right to Data Portability: You have the right to receive your PII in a portable, readily usable format that allows you to transmit your information to another entity without hindrance.
● Right to Correct Inaccurate Information: You have the right to request that we correct inaccurate information about you that we maintain.
● Right to Deletion: You have the right request that we delete your PII.
● Right to Be Free from Discrimination: You have the right to not be discriminated against by us for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:
o Deny goods or services to you;
o Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
o Provide a different level or quality of goods or services to you; or
o Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
● Right to Opt-Out: If you are age 16 or older, you have the right to opt-out of the sharing of your PII to third parties for purposes of personalized advertising. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us using the method described below or by visiting the following link:

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize such sharing. However, you may change your mind and opt back in at any time.

To exercise your rights, please use the Verifiable Consumer Request method described below. Please be aware that your rights (including those enumerated elsewhere in this Policy) are limited to the extent permitted by applicable law.

Additional California Privacy Rights

California’s “Shine the Light” law permits Users of the Site that are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.

Other State Privacy Rights

Residents of certain other states may have additional personal information rights and choices, including the right to opt-out of the sharing of their PII for personalized or targeted advertising purposes. If you believe you have such rights and wish to exercise them, please use the Verifiable Consumer Request method described below. Please be aware that your rights are limited to the extent permitted by applicable law.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request using the Contact Information provided below. However, please know we do not currently sell data triggering that statute's opt-out requirements.

Verifiable Consumer Requests

You can exercise your legal rights by submitting a Verifiable Consumer Request to us by:
● Calling us at 585-201-2099;
● Emailing us at peter@theDrinkeryLLC.com; or
● Visiting us at www.theDrinkeryLLC.com/ContactUs.

Only you, or someone legally authorized to act on your behalf, may make a Verifiable Consumer Request related to your PII. Making a Verifiable Consumer Request does not require you to create an account with us. You may only make a Verifiable Consumer Request for access to PII twice in a 12-month period.

The Verifiable Consumer 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 PII if we cannot verify your identity or authority to make the request and confirm the PII relates to you. We will only use PII provided in a Verifiable Consumer Request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We will acknowledge receipt of a Verifiable Consumer Request within ten (10) days. We endeavor to respond to Verifiable Consumer Requests within thirty (30) days of its receipt. If we require more time (up to ninety (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 Verifiable Consumer Request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to Verifiable Consumer Requests, 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.

Withdraw Consent

Generally, we do not process PII based on consent. However, in the event we do, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on said consent before its withdrawal. If you would like to withdraw your consent, please contact us at the Contact Information provided below.

Do Not Track Disclosure

Some internet browsers may transmit “do-not-track” signals to websites with which the browser communicates. The Site does not currently respond to these “do-not-track” signals.

SPAM

We do not participate in bulk email solicitations that you have not consented to receiving (i.e., “Spam”). We do not sell or disclose customer lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share PII with any third party advertisers.

Third Party Links

The Site may contain links to other websites or applications (“Linked Sites”) that are not owned by the Company. We do not control the collection or use of any information, including PII, which occurs while you visit Linked Sites. Therefore, we make no representations or warranties for —and will not in any way be liable for—any content, products, services, software, or other materials available on Linked Sites, even if one or more pages of the Linked Site are framed within a page of the Site.

Furthermore, we make no representations or warranties about the privacy policies or practices of the Linked Sites, and the Company is not responsible for the privacy practices of those Linked Sites. We encourage you to be aware of when you leave the Site and read the privacy policies of Linked Sites.

Modifications

We reserve the right to update this Policy from time-to-time in our sole discretion. If our privacy practices change materially in the future, we will post an updated version of the privacy policy to the Site. It is your responsibility to review this Policy for any changes each time you use the Site. We will not lessen your rights under this Policy without your explicit consent. If you do not agree with the changes made, we will honor any opt-out requests made after the Effective Date of a new privacy policy.

Accessing, Updating, and Controlling Information

If you ever wish to access, update, change, delete, opt-out of us sharing, or otherwise control your PII, you may do so by making such changes through your user account or contacting us at the Contact Information provided below. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any PII to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.

If you wish to opt-out of receiving update messages and/or direct marketing communications from us, you may opt-out by (i) following any instructions included in the communication or (ii) contacting us at the Contact Information provided below. Please be aware that although you may opt-out of update messages and/or direct marketing communications, we reserve the right to email you administrative notices regarding the Site, as permitted under the CAN-SPAM Act.

We will make commercially reasonable efforts to respond to opt-out requests and handle requests to access, update, change, or delete PII without unreasonable delay and in any event within one month of receipt of a Users’ request. Where circumstances require, we may extend the reply period for an additional two months.

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.

Contact Information

If you have questions about this Policy or wish to contact us with questions or comments, please contact
us at:

Attn: Peter Hanley
the Drinkery LLC
711 Via Tripoli, Unit B, Punta Gorda, FL 33950
585-201-2099
peter@theDrinkeryLLC.com

Effective Date

This Policy was last modified as of the effective date printed above. This version of the privacy policy
replaces and supersedes any prior privacy policies applicable to the Site.