Privacy Policy

Elbow Room Wine and Whiskey Club Privacy Policy November 9, 2022 We respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit this website (the “Site”), and also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. Applicability of this Privacy Policy This policy applies to information that we collect on this Site (including when you interact with our advertising on third-party websites and services, if those applications or advertising include links to this Site), that you submit to us through a “Contact” form, and that is in any email messages between you and us. This policy does not apply to information collected by us offline or through any other means, including on any other website operated by us, or by any third party, including through any social media or other online content (including advertising) that may link to or be accessible from or on the Site. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this Privacy Policy. This policy may change from time to time, with or without notice. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. Information We Collect About You and How We Collect It The information we collect on or through our Site may include:  Information that you provide by filling in forms on our Site;  Records and copies of your correspondence (including email addresses), if you contact us; and  Your responses to surveys that we might ask you to complete for research or analytical purposes; We collect several types of information from and about users of our Site, including:  Information by which you may be personally identified, such as name, e-mail address, telephone number, website address, credit card account information, or any other identifier by which you may be contacted online or offline (“Personal Information”);  Information that is about you but individually does not identify you;  Information about your Internet connection, the equipment you use to access our Site, and usage details; and  Information you provide to us when you complete a “Contact” form. We collect this information:  Directly from you when you provide it to us;  Automatically as you navigate through the Site. Information automatically collected may include usage details, IP addresses, and information collected through cookies, and other tracking technologies; and  From third parties, such as our technology service providers, credit card servicers, or business partners. Information We Collect Through Automatic Data Collection Technologies As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site; information about your computer and Internet connection, including your IP address, operating system, browser type, referring URL, your domain name, and information that may be aggregated to measure the number of visits, average time spent on the Site, pages viewed and similar website usage information in order to help us understand how to improve the Site’s content and functionality. Cookies and Web Beacons Our Site or emails, and the technologies we use for automatic data collection, may contain “cookies” and/or “web beacons.” A “cookie” is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site. A “web beacon” is a small visible or invisible digital image that allows us to count visitors to our Site. Web beacons collect limited information including cookie number, time and date of a page view, and a description of the page on which the web beacon resides. The information we collect automatically helps us to improve our Site. Persons Under the Age of 21 Our Site is directed to adults 21 years of age and older. We do not knowingly collect Personal Information from people under the age of 21, including children under the age of 16. No one under age 21 may provide any personal information on the Site. If you are under 21, do not use or provide any information on this Site. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us via email at daniel@elbowroomfresno.com. How We Use Your Information We will never sell your Personal Information to a third party so that they can market or advertise to you. We will, however, use the Personal Information that we collect about you or that you provide to us:  To present our Site and its contents to you;  To fulfill beverage orders that you place with us;  To provide you with information that you request from us;  To improve our services and the way we market them; and  To fulfill any other purpose for which you provide it. Disclosure of Your Information We may disclose Personal Information that we collect or that you provide to us as described in this Privacy Policy:  To fulfill the purpose for which you provide it (for example, if you contact us with a question and give us an email address, we will use that email address to provide information in response to your question);  To process the information you provide us (for example, your Personal Information may be collected by, transmitted from, or shared with the technology service providers who support our Site or certain features on the Site);  To comply with any court order, law, or legal process, including to respond to any government or regulatory request;  To report any suspected illegal activity to law enforcement officials and regulatory bodies, and in doing so, may disclose any relevant information to such officials and/or regulators, including, without limitation, your Personal Information, IP address(es), and your Sites usage history as provided in this Privacy Policy; and  We may also disclose your information in the good faith belief that disclosure is otherwise necessary or advisable, including: to protect our rights or properties, or the rights or properties of others, or when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with or damage to our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities. Information Collected by Third Parties 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 at https://optout.networkadvertising.org. Your California Privacy Rights If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. Pursuant to Section 1798.83 of the California Civil Code, California residents have the right to request, once a year, whether we have shared their personal information with other companies for those companies’ direct marketing purposes during the preceding calendar year. To request a copy of our information disclosure, please email us at daniel@elbowroomfresno.com and please include “Shine the Light Request” in the subject line of your email. Please allow 30 days for a response. Notice to Users Outside of the United States This Site is located within the United States, and we currently do not sell alcoholic beverages for delivery outside of California. Nonetheless, users outside of the United States are advised that this Site and the services advertised on this Site are targeted for users in California, United States of America. Please be aware that if you are located in the European Union, the United Kingdom, Canada or elsewhere outside of the United States, any information you enter on this Site will be transferred outside of the country where you are to the United States of America, which may not offer an equivalent level of protection to that required in the country where you reside. European Union residents, in particular, are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self- regulation. Article 26 of the European Union’s Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country’s level of protection. By using this Site or by contacting us through a contact form, you consent to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by us on our servers located in the United States of America in accordance with this Privacy Policy. Governing Law, Jurisdiction, and Limitation of Actions This Privacy Policy, and any disputes arising out of it, will be governed by the laws of the State of California, regardless of its conflict of law principles. WHEN YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES, TO THE EXTENT PERMITTED BY LAW, (1) THAT ALL LEGAL PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS PRIVACY POLICY MUST BE BROUGHT IN A FEDERAL OR STATE COURT LOCATED IN FRESNO, CALIFORNIA, AND THAT YOUR CLAIM(S) WILL BE FOREVER WAIVED AND BARRED UNLESS FILED WITHIN ONE YEAR OF THE TIME IN WHICH THE EVENT(S) GIVING RISE TO SUCH CLAIM(S) BEGAN. YOU EXPRESSLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF SAID COURTS AND CONSENT TO EXTRATERRITORIAL SERVICE OF PROCESS; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. Changes to Our Privacy Policy It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Site and this Privacy Policy to check for any changes. Contact Information To ask questions or comment about this Privacy Policy and our privacy practices, contact us at daniel@elbowroomfresno.com.