Terms & Conditions.
1. Acceptance of Terms
1.1 Wine & Gatherings, (referred to as “W&G," "us" or "we"), provides wineandgatherings.com (the "Site") through which it offers a wine blog, professional services, and also digital and printed productions (collectively “Offerings”), subject to your compliance with the following Terms and Conditions of Use ("Terms"), as well as any other written agreement(s) between us and you.
1.2 We reserve the right to change these Terms and Conditions of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
1.3 As used in these Terms, references to our "Affiliates" include our owners, licensees, assignees, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
1.4 BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS, IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR OFFERINGS.
2. Offerings
2.1 Offerings. W&G provides a number of Offerings for users on its Site, including, but not limited to, a wine blog, professional services, and digital and printed products.
2.2 No Guarantee. Although W&G. works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site.
2.3 Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications, material posted by you, or personalization settings.
3. Site Conduct, Posting Policies, & Third Party Websites
3.1 Prohibited Uses: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any use of the Site. W&G is not responsible for any activity of a user. By using the Site, you agree that you will not engage in any behavior:
is unlawful, threatening, abusive, harassing, profane, defamatory, deceptive, inaccurate, fraudulent, tortious, invasive of another's privacy, or includes graphic descriptions of sexual or violent content;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
impersonates any person or entity, including any of our employees or representatives.
infringes on any privacy rights conferred by local, state, or federal law.
3.2 No Endorsement. W&G neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings, in our sole discretion and without prior notice to you. W&G and our Agents are not responsible for any failure or delay in removing such postings.
3.3 Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. By accepting a redirect or link to other websites, you agree to adhere to the terms and conditions and privacy policies of those websites. You understand that these third party sites and providers are not screened by W&G and enter said sites and providers at your own risk.
3.4 Products and Promotions. From time to time, this Site may include information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any part of any such purchase or promotion.
4. W&G’s Intellectual Property
4.1 Content. For purposes of these Terms, "content" is defined as any information, communications, published works, photos, video, graphics, music, sounds, or other material that is sent to or that can be viewed by users on our Site and is owned by W&G, our Affiliates or licensors.
4.2 Site Use. W&G grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You may not use any content from the Site for commercial use. You agree not to copy the Site, reverse engineer, or break into the Site, or use materials, products, or services in violation of any law. Any use of the Site or the content or materials contained therein, other than as specifically authorized in these Terms, without the prior written permission of W&G, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right, and any goodwill associated therewith. W&G reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
4.3 No Warranty for Third-Party Infringement. Neither our Affiliates nor we warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
4.4 Ownership of Content. All contents of the Site are: Copyright © 2023 W&G. All rights reserved. All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with W&G’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to W&G for violation of intellectual property rights.
4.5 Trademarks. Trademarks or service marks of W&G include, but are not limited to, Wine & Gatherings™, The Wine Party Co.™ and Experienced Simply™. All custom graphics, icons, logos and service names are registered trademarks, trademarks, or service marks of W&G or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of W&G, or our Affiliates.
5. Privacy & Security
5.1 Login Required. In order to access some of the Offerings on this Site, you will be asked to set up an account and password. Our account registration page requests certain personal information from you ("Registration Info"). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. Every user is only allowed to have one e-mail address attached to them. If W&G believes there are multiple accounts attached to one user, W&G reserves the right to terminate your account.
5.2 Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
6. Returns, Exchanges, and Cancellations
6.1 Returns. Wine & Gatherings accepts returns on unopened and unused physical items only. Returns and cancellations are only accepted within 10 days of the date of purchase. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.To return your wine, please contact us at hello@wineandgatherings.com. If the product is received by us in unused and undamaged condition and in its original packaging, we will refund your purchase.
6.2 Refunds. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
6.3 Exchanges. We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at hello@wineandgatherings.com.
7. Gift Certificates.
7.1 Gift certificates must be redeemed through the Site toward the purchase of products listed in our online catalog. Gift certificates cannot be used to purchase gift certificates or gift cards, such as W&G Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable.
7.2 Gift certificates and their use on the Site are subject to our general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please email us at hello@wineandgatherings.com.
7.3 We reserve the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the Site or is redeemed and used to make purchases on the Site.
7.4 The risk of loss and title for Gift Certificate pass to the purchaser upon our electronic transmission of the Gift Certificate to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Certificate is lost, stolen or destroyed or your W&G balance or any Gift Certificate is used without your permission.
7.5 THE WINE AND GATHERINGS AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8. Disclaimer
8.1 While information posted on this site is believed to be reliable and accurate at the time of posting, W&G does not guarantee, represent or warrant that the information contained on this site is accurate, complete, reliable, verified, error free, or fit for any purpose.
8.2 The owner expressly disclaims all representations, warranties or conditions, express or implied, statutory or otherwise, including, without limitation, the warranties and conditions of merchantable quality and fitness for a particular purpose, non-infringement, compatibility, timeliness, security or accuracy, and any representations, warranties or conditions that may arise from a course of dealing or usage of trade.
8.3 This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the content and offerings on this site at any time without notice to you. The content available on this site may be out of date, and we make no commitment to update such content. The use of the offerings through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damages you incur as a result.
8.4 We make no warranty regarding any transactions executed through a third party, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any offerings or content available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.
8.5 We reserve the sole right to either modify or discontinue the site, including any offerings or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, the addition of free or fee-based services or changes to limitations on allowable content. Any new features that augment or enhance the then-current offerings on this site shall also be subject to these terms of use.
8.6 Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your jurisdiction.
8.7 The W&G shall in no way be liable to you for any decisions and/or misrepresentations made by any third parties.
8.8 All users of W&G must be above the legal age of alcohol consumption within their jurisdiction. All content on the Site is for persons the age of twenty-one (21) or older. W&G gathers information regarding User’s age to verify that User is of the appropriate age to consume alcohol. W&G disclaims all liability related to underage usage of alcohol.
8.9 It is User’s responsibility to consume alcohol responsibly and in moderation. It is also User’s responsibility to ensure that User is in proper health to consume products from the site. W&G disclaims all liability related to User’s consumption of the products on the Site.
9. Limitation of Liability & Indemnification
9.1 In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profit loss; your use of the information or content contained on the site; or your reliance upon the accuracy of information contained on the site, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this site.
Further, we shall not be liable in any way for third party promises regarding our offerings or content or for assistance in conducting commercial transactions with the third party through this site, including without limitation the sale of products or services.
9.2 You agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees that may arise from your use or misuse of this site or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Termination of Use
10.1 Grounds for Termination. You agree that we may, at our sole discretion, terminate, or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
10.2 No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms shall survive any termination.
11. Electronic E-Mail Contact.
11.1 W&G may occasionally contact you with follow up, marketing or advertisements electronic mail that we think would be of interest to you. If you receive contact from us then you have shared your interest in receiving information in the future, or have made a previous purchase or inquiry on our website. Out of respect to our clients, we value your right not to receive this correspondence. In the event that you no longer wish to receive contact from us (with the exception of information directly pertaining to your order or inquiry) you can contact us to opt-out of our mailing list. Contact can be made via email: hello@wineandgatherings.com.
12. Miscellaneous Provisions
12.1 Governing Law. The statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof.
12.2 Dispute Resolution. All claims and disputes arising under or relating to this Agreement and/or any of our Offerings are to be settled by mediation, and if the matter is not resolved through mediation, then it shall be resolved by binding arbitration in the County of Los Angeles, California. The arbitration shall be conducted on a confidential basis pursuant to the rules of JAMS (Judicial Arbitration and Mediation Services). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys' fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award. Please note that the arbitration dispute resolution procedures are in lieu of relief through the courts.
12.3 Class Action Waiver. User agrees that any claims brought can only be brought in an individual capacity and not as a member of a purported class or other representative action. The enforceability of this provision does not affect the enforceability of the Arbitration clause in 12.2.
12.4 Notices. All notices to W&G shall be in writing and shall be sent to hello@wineandgatherings.com. You agree to allow us to submit notices to you using the email address provided by you in the Registration Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
12.5 No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.
12.6 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
12.7 Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
12.8 No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
12.9 Other Sites. This site may contain links to other sites which sites are not maintained or controlled in any way by W&G Links to any such sites that are not maintained or controlled by the W&G are provided for convenience only and are not to be construed as an endorsement by W&G or any other party of the products, services, advice or opinions or any other content of such sites. Access to or use of sites to which links are provided are subject to the terms and conditions of such sites. You are fully responsible for any use that you make of the content contained in such sites and you are solely responsible for the consequences of any use of or reliance on such content.
12.10 Entire Agreement. These Terms and Conditions, and Privacy Policy constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
12.11 International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
Privacy policy.
On behalf of Wine and Gatherings (also referred to as "us" or "we" or “W&G”), welcome to https://www.wineandgatherings.com (hereinafter, the "Site"). We recognize that your privacy is important. This Policy discloses the privacy practices for the Site, and also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of the Site. We are the controller and responsible for any personal or other information collected from you.
You acknowledge that this Privacy Policy is designed to be read in connection with the Site's Terms and Conditions of Use and that by accessing or using the Site, you agree to be bound by the Terms and Conditions of Use, as well as this Policy. We reserve the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by updating any privacy information on this page. Your continued use of the Site and or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that Policy.
If you have any questions about this Policy, please feel free to contact us by e-mail at hello@wineandgatherings.com.
IMPORTANT: BY USING THE SITE AND/OR OFFERINGS AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW.
1. Types of Information We Collect
We may collect two types of information about our users: (1) Personally Identifiable Information and (2) Aggregate Information.
Personally Identifiable Information (“PII”): This refers to information that lets us know the specifics of who you are. You may also voluntarily provide other PII, whether or not specifically requested by us, by voluntarily supplying your own details to us via e-mail or by posting publicly viewable comments on the Site. You agree that we may collect any PII voluntarily supplied by you, whether or not we have requested it. You must not submit any PII relating to a third party which you do not have permission from such third party to provide to us. We do not knowingly collect any information relating to third parties which you do not have permission to provide. When you engage in certain activities on our Site, such as registering or sending us a message or written content via email, we will ask you to provide certain PII.
The types of PII we collect at this time are: first name, last name, age, address, email address, and credit card information. This information is collected for the sole purpose of facilitating any transaction made on the Site and verifying that you may legally use the Site’s services.
Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other Sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the WebSite's Uniform Resource Locator ("URL") that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol ("IP") address.
2. How We Collect and Use Information
We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain services available on the Site.
We will primarily use your PII to provide information and service offerings to you. We will also use certain forms of PII to enhance the operation of our Site, improve our internal marketing efforts, statistically analyze Site use, improve our information offerings, and customize the Site's content, layout and services. We may use PII to deliver information or service offerings to you, and to contact you if you request that we do so. Finally, we may use your PII to enforce our agreements with you, including our Site's Terms and Conditions of Use and this Privacy Policy.
We may also collect certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information.
If your web browser emits "do not track" signals, or you use other mechanisms that provide you the opportunity to prevent the collection of PII or Aggregate Information about your online activities, we honor these signals or mechanisms by refraining from collecting information about you.
Pursuant to California Civil Code 1798.100 and 1798.110, you have the right to request what personal information is being collected. If you wish to know what PII is being collected, then contact us at hello@experiencedsimply.com. We reserve the right to request you to verify your PII prior to responding to your request. This is to ensure that you are the person who is requesting your PII and not a third party. We also reserve the right to limit the number of requests to two (2) within a twelve (12) month period.
3. Cookies
Depending on how you use our Site, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site. We may use cookies to perform tasks such as: monitoring aggregate Site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the Services we make available to you. However, we do not use cookies to track your browsing behaviors.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
4. Release of Information
We do provide some of our service offerings through contractual arrangements made with affiliates, service providers, partners and other third parties ("Service Partners"). We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver services to you. For example, we may use Service Partners to assist us in delivering electronic newsletters and communications to you; to collect PII voluntarily submitted by you when leaving comments on the Site; and to analyze Aggregate Information.
We will choose Service Partners who adopt and promote strong privacy policies. However, the use of your PII by our Service Partners is governed by the respective privacy policies of those providers and is not subject to our control.
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Any other sites accessible through our Site, including those of our Service Partners, have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties.
Other than our Service Partners, we do not allow outside parties to collect PII or Aggregate Information about you or your online activities when you use our Site.
Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
At this time the only third party which PII may be provided to is Stripe for the sole purpose of credit card processing to facilitate the transactions on the Website. Stripe’s Privacy Policy is located at https://stripe.com/privacy. It is recommended you look at Stripe’s Privacy Policy prior to using the Site’s services. We reserve the right to update this Privacy Policy as PII is used for different purposes and additional Service Providers are used.
5. Updating and Correcting Information
We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account online at any time. You may request that your account be deleted by e-mailing us at hello@experiencedsimply.com. Please include your name and email address when you contact us. We encourage you to promptly update your PII if it changes. We reserve the right to request you to verify your PII prior to responding to your request. This is to ensure that you are the person who is requesting your PII and not a third party.
6. Deleting Personal Information
Upon, you request, California Civil Code Sections 1798.105 and 1798.130, you have the right to request deletion of your PII that you have provided to us. Please note, however, that we only use PII to facilitate the services and the services may not be available once the PII is deleted. If you wish to delete your PII, then please e-mail us at hello@experiencedsimply.com.
We reserve the right to request you to verify your PII prior to responding to your request. This is to ensure that you are the person who is requesting your PII and not a third party.
Pursuant to California Civil Code Section 1798.105(d)(1), we reserve the right to not delete your PII until any transaction you have made with us is completed. Also, some information, such as logs of technical support calls or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
7. Shine the Light Rights
Upon your request, California Civil Code Section 1798.83, known as the "Shine the Light" law, requires us to provide to you (a) a list of your personal information, if any, which we have disclosed to third parties for direct marketing purposes in the preceding calendar year, and (b) the names and addresses of those third parties. You may make such a request once per calendar year, and we will provide the information to you free of charge. Please send any requests made pursuant to this section to us by e-mail at hello@experiencedsimply.com. However, as defined under Section 1798.83, we do not currently share any personal information with third parties for their direct marketing purposes.
7. User Choices on Collection and Use of Information
We may, from time to time, send you e-mails and/or newsletters regarding information or services that we feel may interest you. Only Experienced Simply (or agents working on behalf of Experienced Simply and under confidentiality agreements) will send you these notifications. If you do not want to receive correspondence from us, you can "opt-out" by clicking on the "Unsubscribe" link at the bottom of each correspondence.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Site may not work properly in your case.
8. Security of Your PII
At our Site you can be assured that your PII is secure as we strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:
— We work hard to ensure that the data we collect is reliable, accurate, complete and current. We use PII only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
— Additionally, we also employ a number of physical, electronic and procedural safeguards to protect PII. Our secure servers and our data centers are protected by encryption, and our servers reside behind firewalls and password protection.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed.
9. Miscellaneous
You must be at least 21 years old to have our permission to use our Site. Our policy is that we do not knowingly collect, use, or disclose PII about visitors under the age of 21.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e.; your name, email address, etc.) by you in the comments you post on the Site or in other public areas on the Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our Terms and Conditions of Use for policies regarding user-provided information.
10. Contact Us
If you have any questions, concerns or inquiries about our Privacy Policy, our use of your PII, or our privacy practices, please contact us by e-mail at hello@wineandgatherings.com.
11. Effective Date. This Privacy Policy is effective as of June 20, 2023.