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Privacy

Last Updated: November 2017

We are committed to protecting your privacy. This Privacy Policy describes how Lokoya Wines (hereinafter “Winery”) and its affiliated brands and/or companies collect, use, and share certain personal information from you to improve our products and services and for such other purposes as outlined in this Privacy Policy. This Privacy Policy explains:

By submitting information to us and/or using our website and/or mobile sites and applications (the “Site”), you agree to the terms and conditions of this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

Scope of Privacy Policy

This Privacy Policy applies when you visit the Site, the websites of any of our affiliated brands, mobile sites, or mobile apps; when you make a purchase from us; subscribe to any of our mailing lists, newsletters, or wine club programs; sign up for our events; register for our promotions; and when you engage with one of our brand pages on community websites including, but not limited to, Facebook, Pinterest, Twitter, or Instagram.

This Privacy Policy does not apply to our employees, employment applicants, suppliers, distributors, or trade contacts except when they are acting in a “customer” capacity. Also, this Privacy Policy does not apply to any data that may be collected through non-Winery sites, materials or entities, even when we may include links or references to those third party sites. (Unless otherwise stated, the inclusion of a link on the sites does not imply endorsement of the linked site by us or by our affiliates.) Any information we collect when you enable or use a third party application is processed under this Privacy Policy. Information collected by the third party is governed by their privacy policies and we have no control over, and shall not be responsible for, the third party’s use of your personal information. We encourage our users to read the privacy policies of each and every website and app that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or apps. Visiting these other websites or apps is at your own risk.

Our Site may also contain links to social media platforms, and you may be given the choice of connecting to one or more social media platforms from this Site. If you choose to do so, then depending upon your social media privacy settings, the personal information that you post, transmit, or otherwise make available on the social media platform may be viewed and/or used by others and we will have no control over such viewing and use. We do not control and are not responsible for any use of your information by or through any of the social media platforms. By linking to any social media platform, you will be assuming the risk that the information you provide on that platform may be viewed and/or used by third parties for any purposes and agree that we have no control or responsibility for such third party viewing and uses.

Information that We Collect from You

We may collect certain personally identifiable information (“personal information” or “personal data”) from you, such as:

We may also collect other information that we request from you and that you provide to us (for example, information that you send to us in an email). In many cases, such information will be collected directly from you but information may also be gathered from our affiliated brands, third-party sources such as marketing and fulfillment companies, opt-in lists, publicly available data, consumer reporting agencies, and other companies and referrals. We may use this information to contact you and as otherwise permitted by this Privacy Policy.

We may also collect certain information gathered from you passively through automated means (“other information”), such as the referring URL, your IP address, which browser you used to come to the Site, the country, state or province from which you access this Site, cookie IDs and segment IDs associated with cookie IDs, the pages of our Site that you viewed during your visit, duration and frequency of visit,  any search terms entered on our Site and/or other anonymous usage statistics, anonymized demographic information and log file data.  On mobile devices, we may also collect device type, make and model, operating system, carrier, user ID, similar device IDs, and information about the apps you use. We collect this information through cookies, web beacons, navigational and location data, clear gifs, clickstream data, and other similar technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server. We also may use third-party website analytics tools (such as Google Analytics), that collect information about visitor traffic on our sites and mobile applications and these third party service providers may collect certain data from our Site as well. You can set your browser to notify you when a cookie is sent or refuse cookies altogether, but certain features of our website might not work without cookies. We may also use web beacons in emails and newsletters so that we know when such communications have been opened and to otherwise help us tailor our communications to you. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile tracking activities via their device settings. 

How We May Use Your Information

We may use the personal data described above to process your requests and wine club orders; communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you; contact you if we have not heard from you in a while; allow you to send a message to a friend (by using this functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address); to participate in sweepstakes, contests or similar promotions (some of these activities may be subject to additional rules, which you should read carefully). We may also use non-personal or other information to analyze trends and enhance our communications strategies with you; to improve the quality of our online guest services; and to show our ads on other websites and services based on information collected about your use of the Site and based on your particular interests (as inferred from your online activity), as described further below in Online Advertising and Tracking.

We may also use this information for system administration to diagnose problems with our servers and software or to administer our site.

How We May Disclose Your Information

Your personal data or other information may be shared with and used by any of our third party partners, including but not limited to business partners, advertising clients, or affiliated brands, for their direct marketing purposes, in accordance with this Privacy Policy.

In certain cases, we may disclose your personal data to third parties under limited circumstances if we conclude that we are required by law or have a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property, or safety of our Winery, our customers, or the public (including but not limited to actions taken to prevent fraud). We do not sell your personal data to mass marketers.

We may also contract with other companies and individuals to perform certain functions and services, including processing, storing, tracking, and organizing information on our behalf. These third party service providers may have access to your personal data to perform their functions and to provide services to us.

In some cases we may partner with other companies, affiliates, clients, data vendors and third parties that we’ve carefully chosen to enhance your customer experience, usually through co-branded partnerships, sweepstakes, contests, and wine club experiences. In such cases you may need to opt in with those third-party partners to enable them to market their or other selected third parties’ products and services to you. You will have an opportunity to opt-out of those communications by unsubscribing from any third party communications you do not wish to receive subject to those third parties’ privacy policies. We may also use non-personal data from these third parties pursuant to their own privacy policies.

We may aggregate your personal data so that the aggregated information does not personally identify you or anyone else. If we combine any non-personal information with personal information, the combined information will be treated by us as personal information as long as it is combined. We may collect, use, and disclose non-personal information for any purpose.

Finally, please note that if you specifically consent to additional uses of your personal data, we may use your personal data in a manner consistent with that consent.

Online Advertising and Tracking

We may ourselves, or we may use third-party advertising networks and work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences. For example, you may see certain ads on this Site or other websites because we partner with Google and other similar companies to target our ads based on information we or they have collected, including information that was collected through automated means (such as cookies and web beacons). This form of advertising is based on anonymous information and not on any personal data. As a result, we and our vendor know your interests, but cannot personally identify you in connection with the delivery of that specific ad.

Not Directed to Individuals Under the Legal Drinking Age

Our Site is not intended for people under the legal drinking age of 21. We do not seek or knowingly collect any personal information from or about individuals under the age of 21. If we become aware that we have unknowingly collected personal information from an individual under the legal drinking age, we will make commercially reasonable efforts to locate and delete such information from our database.

Security

We take appropriate organizational, technical and administrative measures to protect personal information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure or is ever completely secure or error-free. Please note that you are responsible for maintaining the confidentiality of any user name or password you use.  We retain your personal data, if provided by you through the Site, for as long as your inquiry is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. Even if we delete some or all of your personal data, we may continue to retain and use aggregate, anonymous data previously collected and/or anonymize and aggregate your personal information.

To Opt-Out or Change Your Personal Information

To opt out of receiving electronic marketing communications from us, you may (1) follow the “unsubscribe” instructions contained in any emails you receive, (2) send a blank email with “unsubscribe” in the subject line, to info@lokoya.com from the email address you would like removed, or (3) send us a request at the address in the Contact Us section below. We will endeavor to comply with all requests as soon as reasonably practicable.

As noted above, you may opt-out of or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on many mobile devices. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

You may also opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests by editing or opting out of such networks’ program, usually located on their site.  For example, you can opt out of receiving targeted as on Google by visiting https://support.google.com/ads/answer/2662922?hl=en and on Facebook at https://www.facebook.com/settings/?tab=ads.  Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. To exercise your choices with respect to targeted advertising and tracking on your mobile device, we recommend you explore your options to reset, limit or turn off your advertising ID on each of your particular devices.

You may also view, update or change information that you have provided to us. If you have an account with us, go to the My Account page on the Site and access your account using your log-in and password. Any changes you make on your account profile page through the Sites will be reflected on that same Site (however, it may not be reflected on other sites that we or our affiliated brands operate). Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, entitlement to challenge the accuracy and completeness of the information, and the ability to have it amended as is appropriate.

To help us maintain the accuracy of your information, you may also submit updated personal information to us as set out in the Contact Us section below. In your request, please make clear what information you would like to have changed.

Regardless of your opt-out preferences, there still may be times when we will contact you for administrative reasons, such as those related to an order you placed, an inquiry you made, a legally required notice, and so on. Also, despite our efforts, there may be residual information that will remain within our databases and other records, which will not be removed or changed, or may be retained for recordkeeping purposes or are subject to certain exceptions prescribed by law. Please note that we are not responsible for removing information from or updating information in the databases of third parties with whom we have already shared your personal information in accordance with this Privacy Policy or your consent. We encourage you to raise any concerns using the contact information provided below, and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information.

California Do Not Track Disclosures

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals.

Your California Privacy Rights

California Civil Code sections 1798.83-1798.84 give California residents the right to ask us for a notice describing the categories of personal information we share with third parties for their direct marketing purposes. Upon request, we will identify the categories of information shared and will include a list of the names and addresses of third parties with which it has been shared. If you are a California resident and would like a copy of this notice, please submit a written request using the contact information set forth below. Please allow 30 days for a response. If your request is received by a different method, please allow 150 days for a response. Please note that we are only required to respond to one request per customer each year.

Contact Us

Any questions you may have regarding our Privacy Policy should be directed via email to info@lokoya.com. You can also write us at: Lokoya Wines, ATTN: Customer Service, 7600 St. Helena Hwy, Napa, CA 94558.

Updates to this Policy

The terms of this Privacy Policy may change from time to time in our discretion. We will notify you of any material changes to this Privacy Policy by posting a notice on the homepage for a reasonable period of time after such changes are made that this Privacy Policy has been updated, and by changing the “Last Updated” date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of this Site following the posting of changes to this Privacy Policy will mean you accept those changes.

Use of this Site is governed by, and subject to, the legal notices contained at the Terms of Use available at Terms of Use. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

Our Site is maintained in the United States of America. By using the Site, you authorize the export of your information to the USA and its storage and use as specified in this policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

Our Privacy Policy document has been recently updated.