At CellarPass, we recognize and respect our customers' privacy. We diligently protect the trust you have placed in us. We have developed a Privacy Policy to assure you that the information collected about you is only what is needed for conducting business and offering products and services that might be of interest to you.

This privacy policy (this "Policy") explains how personal information is collected, used, and disclosed by CellarPass, Inc. ("CellarPass," "we," "our" or "us"). This Policy applies to visitors and users (individually, “you") of CellarPass' Sites, applications, and other online services (each, a "Site," and collectively, our "Sites"), although not all services described here may be available in all jurisdictions. By visiting or using our Site, to the extent permitted by applicable law, you are consenting to us gathering and processing information about you in accordance with this Policy, although consent may not be required for all of the elements described in this Policy. For particular types of information or processing, we may provide you with choices or request your further consent related to what information we collect and how we may process it.

Businesses or event organizers (such as festivals, wineries, breweries, distilleries, etc.) at which you may make reservations, join waitlists or pay through our Site, issuers of tickets or passports you purchase through our Site, and social networks that you use in connection with our Site, may also collect, use, and share information about you. This Policy does not cover such third parties, or their services and we do not take any responsibility for how such third parties may use any information they collect. For information about any third-party privacy practices, we recommend you contact the business or service owner directly.

BRIEF OVERVIEW

I. INFORMATION WE COLLECT

Personal Information. By visiting or using our Site, we may collect the following categories of personal information ("Personal Information") you provide to us: name; email address; postal address; phone number (including your mobile phone number); billing information; survey responses; demographics; primary visit city/region; current and past reservation and ticket purchase details; booking path; favorite businesses; searches; Sites or business pages visited; special reservation requests; visitation activity (e.g., frequency, destination, destination type, experience type, cancelations, no-shows); visit preferences; marketing responses; account settings; passwords; contact information of people you add to, or notify of, your reservations through our Site; names and email addresses of recipients of tickets and/or passports (as this term is defined in the CellarPass Terms of Use); customer support and other requests you make through our Site; experience reviews and other information you provide on our Site; and other information you may provide about yourself or others to our Site or to which you provide us with access via third-party platforms.

We do not proactively collect personal information considered as sensitive personal information such as health-related information. However, our Site includes text boxes which are designed for you to provide your choice of certain information about your experience/visit preferences. You should be aware that information you freely submit in these boxes may reveal to us or to the businesses or third parties with whom we share information (as detailed in the How We Share Your Information section, below) certain information that may be considered as sensitive personal information under applicable law. For certain services on our Site, credit or debit card account information may be required.

In addition, we may receive certain categories of Personal Information listed above from sources other than you, such as from third-party websites, applications, and services (each, a "third-party platform"), businesses, and other third parties, including individuals who have added you as a guest to their reservation. We may combine this information with information we collect on our Site.

Device Information. When you visit our Site, some information is automatically collected from devices (e.g., mobile, computer, laptop, tablet) used to visit or use our Site including, but not limited to, operating system, access times, browser information (e.g., type, language, and history), settings, and other data about your device that we use to provide the services or as otherwise described in this Policy ("Device Information"). We also collect information about your usage and activity on our Site using certain technologies, such as cookies, web beacons and other technologies (see our Cookies and Interest-Based Advertising Policy below for more details).

Location Information. If you use our Site, we may receive your generic location (such as city or neighborhood) or, with your consent, precise geographic location data from your mobile device when the app is running and when it is not running. We may, for example, receive this information when you select business search locations, enter your local visiting region/city in your account profile, when you are in proximity to certain beacons, choose to publish your location in reviews you leave for businesses or events on the Sites, or in your comments or communications with us. We may use and store this information to provide and improve features of our Site, for example, to tailor our Site on a needs-based manner to provide you more relevant content. Please see the Your Choices section, below, for more information about how to adjust your preferences.

Personal Information, Device Information, and location information are collectively referred to as "your information."

II. HOW WE USE YOUR INFORMATION

We may use your information for the following purposes ("Purposes"), to: provide you with the services, products, and functionality offered on our Site and fulfill your requests, including, but not limited to, making reservations, reviewing businesses, experiences and events, paying for services, joining waitlists, sending gifted tickets or Passports to those you designate, and notifying people you add to, or otherwise request to notify of, your reservations through our Site; communicate with you about your account or use of our Site, services, products and/or functionality; respond to, or follow up on, your comments and questions, and otherwise provide customer service; communicate with you about special offers and other marketing communications; operate and improve our Site, products, services, and functionality; process and deliver contest entries and rewards; authenticate your credit or debit card account information, if applicable; personalize your experience on our Site, including displaying relevant advertising; provide information, services and products to our customers, including businesses and their company’s groups and affiliates link or combine with other information we get from third parties to help understand your needs and provide you with better service; perform statistical analysis; protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; comply with our policies, procedures and legal obligations; and as otherwise consented to by you and as required or permitted by applicable law.

If you do not provide us with certain of your information, we may not be able to fulfill the requested Purpose of collection, such as to respond to your queries or provide our Site to you.

Combined Information. We may combine your Personal Information with Device Information and location information (with your consent, where required) to serve you specifically, such as to deliver a product to you according to your preferences or restrictions, or for advertising or advertising targeting purposes. When we combine Personal Information with Device Information in this way, we treat it as, and apply all of the safeguards in this Policy applicable to, Personal Information.

Electronic Communications. Consistent with the above Purposes, we may communicate with you via electronic messages, including email, text message, or mobile push notification to, for example: send you information relating to our products and services, including reservation and wait list confirmations and updates, receipts, technical notices, updates, security alerts, and support and administrative messages; and/or, subject to the Your Choices section, below, and/or applicable law, communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services offered by CellarPass, our affiliates, businesses, and other business partners. With your consent, we may contact you at the mobile phone number that you provide to us by way of direct dial calls, auto-dialed and prerecorded message calls, and text messages in connection with the above Purposes.

Our Role as Data Controller and Data Processor. We generally act as the data controller of your information; however, under certain CellarPass programs, businesses and event organizers may engage us to provide them with certain processing services related to information owned or controlled by the business. We are not responsible for any business’ or event organizer’s use of information for which it is an owner or controller. To learn more about how a business or event organizer may use such personal information, you should review its privacy notice.

Aggregated Information. We may aggregate information collected from you and other users as well as Device Information and location information (with your consent, where required) to produce general statistics that cannot be linked to you or any other specific user and with which we attempt to provide you with a better experience, to improve our services, and to analyze and understand how our Site and products are used.

Retention. We will retain your information for the period necessary to fulfill the Purposes outlined in this Policy and as otherwise needed to comply with applicable law and internal company policies.

III. HOW WE SHARE YOUR INFORMATION

a.    Information Shared with Businesses and Their Affiliates

When you make a reservation request or ticket purchase through our Site, such as a winery reservation, joining an event waitlist, or making a payment to a business through our Site, we automatically provide certain categories of your information to the business in order to facilitate your request. For reservations, this information may include your name, account profile, experience selection, time and date of visit, party size, your phone number, your visit preferences, guest information, any special requests or comments that you choose to submit (if any), and your email address. Your information is provided to the business, just as it would if you contacted the business directly. If you provide a mobile phone number in connection with your request, businesses may send you text messages regarding your reservation or ticket purchase. Some businesses also require you to provide credit or debit card account information to secure your reservation or for event ticket purchases.

When you make a reservation, we may also share with the business additional information about you, such as information about your visitation activity and history, and/or information that we collect from third parties. Depending on where you reside, and as permitted by applicable law, we or the business may additionally share certain of your information with such business’ affiliates (such as affiliated brands), hospitality group and/or businesses with the same brand or parent-brand (collectively, such business’ “group”), or other entities associated with such business (such as the parent entity of the group or affiliated brands) and/or their service providers (collectively, the associated entities and service providers, such business’ "business affiliates") under CellarPass’ programs. Specifically, we or the business may share your information (such as experience or seating preferences and special occasions) with other businesses in the same destination group to enhance the hospitality such business group provides you when you visit them (such as, trying to seat you in a preferred section, if you previously expressed a preference for such seating) (“customized service”) and to improve the business’ capacity and shift planning. In addition to providing you with more customized service, we or the business may, as permitted by applicable law, share your information with such business’ affiliates to support operations, such as to perform analytics, tailor marketing to you, support a loyalty program that you have chosen to participate in, and improve their services. For more information, please feel free to contact the businesses at which you visit or book, or CellarPass as detailed in the Contact Us section below. To learn more about your choices related to how we share your information with businesses, business groups, and/or business affiliates under our programs, please see the Your Choices section below.

We may share with businesses summary reports of feedback from guests. If you provide comments about a business through our Site, these comments may be shared with or may be accessible by that business.

b.    Information Shared with Participating Merchants

If you purchase a Passport (or redeem a CellarPass Gift Card/Voucher for a Merchant Passport) through our Site, we notify the applicable issuer of the Participating Merchant Passport and provide the issuer with certain related information about your purchase or redemption, including your name, and the Passport recipient's name.

c.     Payment Card Information

To use certain services on our Site (such as to make reservations at certain businesses; to make payments to certain businesses; and to purchase CellarPass Gift Cards, passports, tickets, or other products or services), we may require credit or debit card account information. By submitting your credit or debit card account information through our Site, to the extent permitted by applicable law, you expressly consent to the sharing of your information with businesses, third-party payment processors, and other third-party service providers (including, but not limited to, vendors who provide fraud detection services to us and other third parties), and you further agree to the following terms.

• When you use a credit or debit card to secure a reservation through our Site, we provide your credit or debit card account information (including card number and expiration date, excluding the CVV number) to our third-party payment service providers and the applicable business.
  
  
• When you initially provide your credit or debit card account information through our Site to book a reservation or purchase a ticket payment, we provide your credit or debit card account information to our third-party payment service providers. As explained in the CellarPass Terms of Use, these third parties may store your credit or debit card account information, so you can use our payment services through our Site in the future to the extent permitted by local law.
  
  
• If you purchase CellarPass Gift Cards or Passports from us, we collect the credit or debit card account information from you. We share this information with our third-party payment service providers to process your payments. These third parties may also store your credit or debit card information, other than your CVV number, for your future use on our Site, to the extent permitted by local law. Your CVV number will not be stored and must be re-entered for each order.
  
  
• For information about the security of your credit or debit card account information, see the Security of Your Information section, below.

d.    Information You Share Socially

Our Site may allow you to connect and share your actions, comments, content, and information publicly or with friends. Our Site may also allow you to connect with us on, share on, and use third-party platforms, including those on which CellarPass has a presence.

Please be mindful of your personal privacy needs and the privacy needs of others as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. CellarPass also does not control the privacy practices of third-party platforms. Please contact those Sites and services directly to learn about their privacy practices.

e.    Other Sharing

We do not share your information with third parties other than as described above and as follows:

• We may share your information with our affiliates, and business partners in the U.S. and worldwide to the extent necessary for managing our business related to our Site and the Purposes. By visiting or using our Site or otherwise providing us with your information, you consent to this transfer of your information throughout the global CellarPass network of entities. To learn more about your choices related to how we share your information with our affiliates, and business partners, please see the Your Choices section, below.
  
  
• We may share information with other third parties, with your consent, where required for their own marketing purposes, which are subject to the separate privacy policies of such third parties. To learn more about your choices related to how we share your information with third parties, please see the Your Choices section, below.
  
  
• We may share information with third-party vendors, consultants, and other service providers who perform functions on our behalf (e.g., hosting or operating our Site, data collection, reporting, ad response measurement, Site analytics, data analysis, delivering marketing messages and advertisements, processing credit card payments, and providing fraud detection services). We do not authorize these third parties to use your information for purposes other than for which it has been provided, and do not authorize these third parties to disclose that information to unauthorized parties. We require these third parties to maintain appropriate security to protect your information from unauthorized access or processing.
  
• We may disclose your information to regulatory authorities, courts, government agencies and other third parties where we believe that doing so would be in accordance with or permitted or required by any applicable law, regulation or legal process, to defend the interests, rights, and/or property of CellarPass or others, or to respond to emergencies.
  
  
• We may disclose or transfer your information to a third party if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding.
  
  
• We may share aggregate statistical data for the improvement of services offered by our Site. We may also share aggregated or de-identified information with third parties in our discretion.
  
  
• We may otherwise share your information as directed by you or subject to your consent.

IV. SECURITY OF YOUR INFORMATION

CellarPass takes commercially-reasonable technical, administrative, and physical security measures designed to protect your information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

When your credit or debit card account information is being transmitted to our Site or through our Site, it will be protected by cryptographic protocols, such as Transport Layer Security (TLS 1.2). To be clear, CellarPass does not itself store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. We use third party payment processors that are the controllers of your credit card information. Our contracts with third parties that receive your credit or debit card account information require them to keep it secure and confidential.

Nonetheless, we cannot guarantee that transmissions of your credit or debit card account information or your other information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by CellarPass or our third-party service providers. Except to the extent that liability cannot be excluded or limited due to applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your information secure. You should never share your user name, password, or other security information for your CellarPass account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please contact us immediately as detailed in the Contact Us section, below.

V. COOKIES AND OTHER TRACKING TECHNOLOGIES

We collect information about your usage and activity on our Site using certain technologies, such as: cookies, web beacons, and other technologies. Third parties may also view, edit, or set their own cookies. We and our third-party service providers, advertisers, and/or partners may also place web beacons for such third parties. The use of these technologies by such third parties is subject to their own privacy policies and is not covered by this Policy, except as required by law. See our Cookies and Interest-Based Advertising Policy for more details.

VI. YOUR CHOICES

Email. If you do not want to receive marketing and promotional emails from CellarPass, you may click on the "unsubscribe" link in the email to unsubscribe and opt-out of marketing email communications. Alternatively, to the extent that applicable law requires your prior opt-in consent to receive marketing and promotional emails, you can choose not to opt-in.

Text Messages. If you no longer want to receive text messages from CellarPass, reply STOP (or as otherwise instructed) in the text message. Alternatively, to the extent that applicable law requires your prior opt-in consent to receive text messages, you can choose not to opt-in.

Cookie Choices. To exercise choices regarding cookies set through our Site, as well as other types of online tracking and internet advertising, see our Cookies and Interest-Based Advertising Policy for more details.

Application location choices. As detailed in the Information We Collect section, above, we may collect information about your location if you enable location services through the settings in your mobile device, or, as required, with your consent. You can change the privacy settings of your device at any time to turn off the sharing of this location information with our Site. If you choose to turn off location services, this could affect certain features or services of our Site. If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.

Sharing with Businesses, Business Groups, and Business Affiliates. Upon request, CellarPass can identify for you the businesses at which you have made reservations with or purchased tickets that would share your information with its business group and/or business affiliates (if any) as described above. Please note that certain information, such as your name and reservation details, may be required for us to share with the business to facilitate your reservation request or other services you request on our Site. CellarPass is not responsible for and cannot control what information if any you share with businesses directly.

In addition to the above methods of exercising choice, to the extent required by applicable law or as otherwise noted in the Notices to Residents of Certain Jurisdictions section below, we may provide you with additional choices regarding the processing of your information, which you may exercise by contacting us as detailed in the Contact Us section, below. You may also send requests about your contact preferences related to the items listed above or changes to your information to us as detailed in the Contact Us section, below.

We will try to comply with your request as soon as reasonably practicable as required by applicable law. Please note that we may need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law. In addition, please note that even if you opt-out of receiving marketing communications from our Site, we may need to send you service-related communications and may need to keep information we have collected about you for record-keeping, research, and other purposes.

VII. ACCESS AND CORRECTION OF YOUR INFORMATION

If you have created an online account with us and would like to update the information you have provided to us, you can access your account to view and make changes or corrections to your information. You may also contact us as detailed in the Contact Us section, below.

VIII. INTERNATIONAL TRANSFERS

Information about you may be transferred to, or accessed by, entities located around the world as described in this Policy. Some of these entities may be located in countries that do not provide an equivalent level of protection as your home country. Where required, CellarPass has implemented appropriate cross-border transfer solutions to provide adequate protection for transfers of certain personal information, including, but not limited to, the European Commission's Standard Contractual Clauses. By using our Site, and providing us information about you, you consent to the international transfer of information about you to the above parties.

IX. LINKS TO OTHER WEBSITES

Our Site may contain links to other websites or services that are not owned or controlled by CellarPass, including links to websites of businesses and our advertisers, sponsors, and partners. This Policy only applies to information collected by our Site. We have no control over these third-party websites, and your use of third party websites and features are subject to privacy policies posted on those websites. We are not responsible or liable for the privacy or business practices of any third-party websites linked to our Site. Your use of third parties' websites linked to our Site is at your own risk, so we encourage you to read the privacy policies of any linked third-party websites when you leave our Site.

X. CHANGES TO THIS POLICY

Except to the extent limited by applicable law, we reserve the right to update this Policy to reflect changes to our information practices by prominently posting notice of the update on our Site, and as required, obtaining your consent. Any updates will become effective immediately after posting the updates to this Policy and apply to all information collected about you, or where required, upon your consent. You agree that you will review this Policy periodically. If we make any changes to this Policy, we will change the "Last Updated" date above. You are free to decide whether or not to accept a modified version of this Policy, but accepting this Policy, as modified, is required for you to continue using our Site. If you do not agree to the terms of this Policy or any modified version of this Policy, your sole recourse is to terminate your use of our Site.

If we make any changes to this Policy that materially impacts previously collected information about you, we will obtain your prior express consent.

XI. CONTACT US

If you have any questions about this Policy or information we have collected about you, please contact us by email at privacy@CellarPass.com or by postal mail at:

CellarPass, Inc.
50 California Street
Suite 1500
San Francisco, CA 94111, U.S.A.
Attention: Legal Department

XII. NOTICES TO RESIDENTS OF CERTAIN JURISDICTIONS

Australia Residents. If you have any questions, comments, or complaints about our collection, use, or disclosure of personal information, or if you believe that we have not complied with this Policy or the Privacy Act 1988, please contact us as detailed in the Contact Us section, above. When contacting us, please provide as much detail as possible in relation to your question, comment, or complaint. CellarPass will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need. If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner. For more information, please refer to www.oaic.gov.au.

California Residents - Your California Privacy Rights. As described in this Policy, CellarPass may share your personal information with third parties for such parties' direct marketing purposes. Under California's "Shine the Light" law, if you are a California resident who provides personal information in obtaining products or services for personal, family, or household use, you may request to opt-out of such sharing at no-cost by following the instructions in the Your Choices section above, or by contacting CellarPass as detailed in the Contact Us section above.

Europe and UK Residents. In accordance with applicable data protection law, you are entitled to know what personal information we hold about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. Under applicable law, you may also have the right to request deletion or blocking of your personal information or to object to the processing of your personal information. If you wish to exercise your rights, please contact us as detailed in the Contact Us section, above. In some countries, we are entitled by law to charge a fee to meet our costs in providing you with details of the information we hold about you and we may also require you to provide us with appropriate identification. Please contact us as detailed in the Contact Us section, above, for information on the fee amount, if any.

As provided in applicable law, you have the right to object to the processing of your personal information for purposes of advertising as well as market and opinion research, and you have the right to revoke a consent given by you at any time with effect for the future.

Mexico Residents. You can contact CellarPass as detailed in the Contact Us section, above, to enforce your privacy rights at any time, including to access your data, ask for your data to be updated, amended or deleted as well as to oppose the way we use your personal data. You may also contact us to request to revoke your previously granted consent to the extent permitted by law. Through the same contact data, we may inform you about: (i) the information that you will be asked to provide to identify yourself as well as the documents you may need to enclose with your request; (ii) time frames to receive a response regarding your request; (iii) forms available for submitting your request, including template forms that you may use to apply, if available, and the channel through which our answer will be delivered to you; and (iv) how we will deliver your information to you (which usually would be copies of documents, data messages).

Updated 5/22/18