Privacy Policy

YOUR PRIVACY RIGHTS OF VIADELVINO.COM (the “Site”)

Effective Date: September 1, 2016

VIA DEL VINO, LLC. (the “Company”) strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. The Company may use your name, e-mail address, street address, telephone number (“Personally Identifiable Information”) subject to the terms of this Privacy Policy. Please note that this Privacy Policy applies only to information collected through the Site and does not impact information collected or used by the Company or its affiliates through other means.

1. How the Company gathers information from users. How the Company collects and stores information depends on the page or portion of the Site that you are visiting, the activities in which you elect to participate and the services provided. You can visit many pages on the Site without providing any information. Other pages may prompt you to provide information, such as when you register for access to portions of the Site, sign up for membership, request certain features or make a purchase.The Company does not collect personally identifiable information through the Site unless that information is provided by you during registration for various features on the Site. Information required to participate in such features may vary but will typically include your first and last name; address including city, state, zip code and country; daytime and evening phone numbers; and e-mail address; and, in the case of making purchases, a credit card number and expiration date. You may also be requested to provide a username and password for certain features.Like most websites, the Site also collects information automatically and through the use of electronic tools that may be transparent to the Company visitors. For example, the Company may log the name of your Internet Service Provider or use “cookie” technology. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular feature while visiting the Site. As the Company adopts and/or implements additional technology, the Company may also gather information through other means. In certain cases, you can choose not to provide the Company with information, for example by setting your browser to refuse to accept cookies, but doing so may limit your ability to access certain portions of the Site or may require you to re-enter your user name and password. Additionally the Company may not be able to customize the Site’s features according to your preferences.

2. What the Company does with the information the Company collects. The Company will use your information only as permitted by law. Information that does not personally identify you (“Aggregated Information”) may be used in various ways. For example, the Company may combine information about your usage patterns with similar information obtained from other users to learn which Site pages are visited most or what features of the Site are most attractive. Aggregated Information may be shared with the Company advertisers and business partners, but cannot be used to contact you individually.As the Company continues to develop its business and grow, the Company may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. The Company may also disclose your information in response to a court order, at other times when the Company believes it is reasonably required to do so by law, in connection with the collection of amounts you may owe to the Company, and/or whenever the Company deems it appropriate or necessary to give such information to law enforcement authorities. Please note the Company may not provide you with notice prior to disclosure in such cases.

3. Affiliated sites, linked sites and advertisements. The Site expects its partners, advertisers and third-party affiliates to respect the privacy of the Company users. However, third parties, including the Company partners, advertisers, affiliates and other content providers accessible through the Site, may have their own privacy and data collection policies and practices. For example, during your visit to the Site you may link to, or view as part of a frame on the Site, certain content that is actually created or hosted by a third party. Also, through the Site you may be introduced to, or be able to access, information, web sites, advertisements, features, contests or sweepstakes offered by other parties. The Site is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

4. Children. The Site does not knowingly collect or solicit personally identifiable information from or about children under the age of 13, except as permitted by law. If the Company discovers it has received any information from a child under the age of 13 in violation of this Privacy Policy, the Company will delete that information immediately. If you believe the Site has any information from or about anyone under the age of 13, please contact the Company at the address in Section 7 listed below. Further,

• The only personal information that the Site will ever collect from children under 13 is email addresses. Children will never be asked to provide names, addresses, hobbies or any other information that would enable anyone to identify a particular child;
• Email addresses will be provided directly by the children and will be used only for future emails containing information about the Site and its products
• The Site will not disclose information collected from children to any third parties;
• Parents of children have the option to consent to the collection and use of their child’s information without consenting to the disclosure of the information to third parties;
• The Site may not, and will not, require a child to disclose more information that is reasonably necessary to participate in an activity as a condition of participation;
• Children are encouraged to tell their parents about any information that they have provided to this Site or any other site; and
• Parents of children can review their child’s personal information, ask to have it deleted and refuse to allow any further collection or use of the child’s information. Should a parent elect this option, that parent can contact the Site at the address listed in Section 6 below.

5. California Privacy Rights. If you are a resident of California and have an established business relationship with a company, California Civil Code Section 1798.83 may give you the right to request an Information-Sharing Disclosure that would include a list of all third parties who have received your personally identifiable information for direct marketing purposes in the past year. This disclosure would also list the types of personally identifiable information that were disclosed to these third parties.

As an alternative to providing an Information-Sharing Disclosure, Section 1798.83(c)(2) allows a business to comply with the law by notifying its California customers of their right to prevent the disclosure of personally identifiable information and providing a cost-free means of exercising those rights. As a prerequisite to this alternative option, businesses must do at least one of the following: (1) publish and maintain a policy of not disclosing personal information of customers to third parties for the third parties’ direct marketing purposes unless the customer first affirmatively agrees to that disclosure; or (2) publish and maintain a privacy policy of not disclosing the personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option that prevents that information from being disclosed to third parties for those purposes.

As stated above, the Company generally does not share your personally identifiable information with third parties unless you opt-in to such disclosure by registering or signing up for one of the Company services. Additionally, the Company provides you with the ability to opt-out of sharing your personal information with third parties for direct marketing purposes. Therefore, the Company qualifies for the alternative option and the Company has chosen to provide you with a cost-free means of exercising your opt-out right. As such, the Company is not required to provide you with an Information-Sharing Disclosure listing all of the third parties with whom the Company may have shared your personal information during the past year.

To exercise your opt-out right, please follow the cost-free procedure described below.

Opt-Out Procedure. If you are a California resident and wish to exercise your right to opt-out from the Company sharing your personally identifiable information with third-parties for their direct marketing purposes, please send your written request for a California Customer Choice Notice and opt-out form to the email address in Section 6 below.

6. Contacting us. We can be reached by contacting: info@VIADELVINO.COM (866) 812-1223

7. Changes to this policy. This Privacy Policy may be changed at any time. Please check this page periodically for changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

8. Miscellaneous. This Privacy Policy and the use of this Site shall be governed by and construed in accordance with federal laws the laws of the State of New Jersey as applied to agreements entered into and to be fully performed within the State, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be filed in a federal or state court located in Newark, New Jersey within 180 days of the time in which the events giving rise to such claim occurred, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action. The Site is controlled, operated and administered entirely within the United States. If you are located outside the United States, please note the information you provide to the Company will be transferred to the United States. This Privacy Policy also hereby incorporates in full by this reference the terms and conditions contained in the Company’s Terms and Conditions of Use Agreement.