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Terms of Use | Linking Policy | Privacy Policy
California Consumer Privacy Rights | California Notice At Collection | Privacy Laws – Opt Out

Welcome to the Monterra Vineyards site (the “Site”), designed to educate you about our wines, promotions, and sponsored events. We strive to make the Site a rewarding experience for all our users at every visit, hoping you will return time and again. To maintain an enriching user experience, we ask that you adhere to the Terms and Conditions of Use for the Site as outlined below. All further mention to “we” or “Monterra Vineyards” refers to Monterra Vineyards, our affiliates, subsidiaries, service providers and designees.

Agreement

By entering the Site, you agree to be bound by the Terms and Conditions of Use, our Privacy Policy, and any other policies, terms or notices (collectively the “Terms of Use”) on the Site. If you do not agree or cannot meet the Terms of Use, please do not access the Site. Monterra Vineyards maintains the right to revise the Terms of Use at any time without prior notice. Any such amendment becomes effective immediately.

Eligibility

To access the Site you must be of legal drinking age in the country where you reside. Should you not be of legal drinking age in your residing country or territory, please exit the Site now.

Use of the Site is void where prohibited. By using the Site, you affirm all information you provide is accurate and truthful, and that you are not in violation of any applicable law or regulation.

Restrictions

The Site and all information contained herein is owned by Monterra Vineyards. You are granted non-transferable, non-exclusive access to the Site to view information and interact for your own personal use. Any commercial use of the Site is prohibited. Content, including but not limited to trademarks, designs, logos, text, images, audio, and video materials are the intellectual property of Monterra Vineyards or our affiliates (“Company Intellectual Property”) unless otherwise indicated. Company Intellectual Property is protected under laws of the United States of America, other nations around the world, and international treaties, specifically under copyright and trademark law. You are not permitted to publish, distribute, transmit, or otherwise use Company Intellectual Property for public or commercial use without the express written consent of Monterra Vineyards. By accessing the Site, you agree not to rent, transmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof, or use it in any manner not authorized by the Terms of Use. Further, in using the Site you agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site.

Information Submitted Through the Site

Your submission of information through the Site is governed by Monterra Vineyards’s Privacy Policy and the Terms of Use. You affirm the information you provide in connection with your use of the Site is true, accurate, and complete, and that you will maintain and update the information as needed. Monterra Vineyards reserves the right to refuse a user name or email address that belongs to or is already being used by another person; that may be interpreted as impersonating another person, or violating the intellectual property or rights of any person; that is offensive; or for any other reason at our sole discretion, and deny access to the Site. You are wholly responsible for any transactions and interactions with the Site that occur in connection with your user name, and you agree to notify Monterra Vineyards immediately in the case of any security breach related to your account.

Rules of Conduct

By using the Site, you agree to respect all applicable laws, regulations, and rules, as well as the rights and dignity of other users. Use of the Site and Services is your acceptance to comply with the following rules of conduct. Failure to comply may result in termination of access to the Site.

You agree not to:

· Post, transmit, or otherwise make available through or in connection with the Site:

o Information or materials that are or may be threatening, harassing, degrading, hateful, defaming, libelous, false, obscene, indecent, pornographic, or that are protected by copyright, trademark, trade secret, or that portray or encourage irresponsible drinking

o Information or materials that are open to criminal or civil liability, or that encourages partaking in criminal activities of any sort

o Viruses, Trojan Horses, spyware, or any other computer code, file, or program that is harmful, or that is intended to damage or disrupt the operation of or monitor the use of any hardware, software, or equipment

o Unsolicited or unauthorized advertisements not previously approved by Monterra Vineyards in writing

o Personally identifiable and/or non-public information about a person/company without their prior written consent

· Use the Site unlawfully

· Use the Site to violate the rights and privacy of others, including collecting information about other users of the Site

· Impersonate a person or entity, falsely state or misrepresent yourself or your affiliation with a person or entity in connection with the Site, or state or imply Monterra Vineyards endorses any statement you make

· Interfere with the operation of the Site or the servers or networks used to make the Site available, or violate the requirements, procedures, policies, or regulations of said networks

· Restrict other users from accessing the Site

· Reproduce, copy, sell, link to or otherwise misuse for commercial purposes any portion of the Site

· Modify, adapt, translate, or disassemble any portion of the Site

· Download and store any Site content

· Use any type of manual or automatic device to retrieve, “data mine”, index, or gather content from the Site, or reproduce or circumvent the navigational structure or presentation of the Site

You are solely responsible for maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access the Site, and for paying all charges related to the access and use of the Site. Monterra Vineyards reserves the right to remove or disable access to information or materials posted, transmitted, or otherwise made available through or in connection with the Site that may be a violation of law, regulation, or rights of a third party, (e.g. rights under copyright and trademark law, prohibitions on libel and slander, invasion of privacy), or a violation of the Terms of Use.

ANY INFORMATION YOU CHOOSE TO MAKE PUBLICLY AVAILABLE IS DONE AT YOUR OWN RISK.

Profiles, Submissions

Monterra Vineyards, our affiliates, or our service providers may offer features through the Site that allow you to post information, photos, or other materials publicly on your personal “profile page” (your “Profile”). All rules of conduct described above apply.

User Generated Content

Monterra Vineyards may allow you to upload content for display on the Site. When you submit or make content available on the Site (“Submission”), you agree that the Submissions are nonproprietary and nonconfidential, may be made available to the general public, and may be used by Monterra Vineyards without restriction. You grant to Monterra Vineyards an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete, add to, create from, publicly perform or display, reproduce, and distribute such Submissions on or through the Site and in connection with advertising and promoting the Site and our products in any media format and through any media channels now existing or developed in the future. You represent and warrant you have all rights necessary for you to grant the licenses in this Section regarding each Submission, and that your provision of each Submission complies with all applicable laws, rules, and regulations. Monterra Vineyards does not claim any ownership rights on the content that you post on the Site After posting your Content to the Site, you continue to retain any rights you may have had in your content, subject to the license granted to Monterra Vineyards. This section will survive the termination of the Terms of Use.

Monterra Vineyards reserves the right to reject, deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. This includes the right to refuse to post or to remove any posting, including private messages.

The Site may contain opinions, statements, or other content submitted by third parties for which Monterra Vineyards is not responsible for screening, monitoring, or verifying, including the content’s accuracy, reliability, or compliance with laws. Content made available by third parties is strictly the opinions of the third party and is not endorsed by Monterra Vineyards.

Monitoring

Monterra Vineyards may, without obligation, monitor, alter, refuse to post, or remove Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. If you are aware of any unlawful, offensive, or objectionable content on the Site please click on “Contact Us”.

Termination and Enforcement

You agree that Monterra Vineyards may terminate your access to, or use of, the Site at any time and for any reason, without notice and without limitation at our sole discretion. In the event of such termination your right to use the Site will cease immediately. Monterra Vineyards may immediately deactivate or delete any user name or password used by or provided to you, as well as all related information and files associated therewith, and bar any further access to such information and files. You agree that Monterra Vineyards is not liable to you or any third party for any termination of your access to the Site or to any such information or files, and will not be required to make such information or files available to you after any such termination. Monterra Vineyards reserves the right to enforce and verify compliance with the Terms of Use, including but not limited to, in connection with any legal process relating to your use of the Site or the claim of a third party that your use of the Site is somehow unlawful or violates the third party’s rights.

Promotions

Sweepstakes, contests, or similar promotions (“Promotions”) made available through the Site may be regulated by rules that are separate from the Terms of Use. By participating in any such Promotions you agree to be subject to the specific rules of the Promotion. Monterra Vineyards encourages you to read the applicable rules, as well as to review the Privacy Policy, which together with the Terms of Use will govern any information you submit in connection with such Promotions. In the case of the Promotions’ rules conflicting with the Terms of Use, the rules will control.

Links To or From Other Websites

Unless otherwise stated, Monterra Vineyards is not associated with operators of any third party websites that link to or are linked from the Site. We disclaim any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Site. We make no guarantees to your satisfaction with products or services that are available through any third party site that links to or is linked from the Site. We do not make warranties as to the security of any information that you may provide or be requested to provide to any third party, whether through such third party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES IS AT YOUR OWN RISK AND THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES OF SUCH THIRD PARTY SITES THAT APPLIES.

Monterra Vineyards reserves the right to block links to third party websites without prior notice and at its sole discretion.

Disclaimers:

The Site is provided “as is”. All materials and information on the Site are provided to you without warranty, express or implied, of the accuracy and reliability of the content, whether it be content provided by Monterra Vineyards, user generated content, or content posted by a third party. Monterra Vineyards takes no responsibility for the third party advertisements, applications, or goods and services posted on or through the Site. We are not responsible for the conduct, online or offline, of any user of the Site, including, without limitation, any Submission posted by any user. We assume no responsibility for errors, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any user communication. We are not responsible for technical problems including but not limited to problems with telephone network or lines, computer online systems, service providers, computer equipment, software, failure of any emails, traffic congestion on the Internet or on any portion of the Site, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading content in connection with the Site. Under no circumstances shall Monterra Vineyards be responsible for any loss or damage, including personal injury or death, resulting from the use of the Site, attendance of an event, from content posted by other users, or from the conduct of users, online or offline.

Certain states do not allow the exclusion or limitation of certain warranties or liabilities, therefore the above limitations or exclusions may not apply to you.

Limitations of Liability

Monterra Vineyards shall not be liable for any damage, claim, or loss incurred by you, including but not limited to, incidental, direct, indirect, special, consequential or exemplary damages, loss of profits, loss of use, loss of data, or loss of security, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This applies to all causes of action. Your sole and exclusive resolution for dissatisfaction with the Site is to stop using the Site. If the warranty exclusion or limitation of liability set forth in this use agreement is for any reason whatsoever held unenforceable or inapplicable, you agree the aggregate liability of Monterra Vineyards for all damages, losses, and causes of action, shall be the total amount, if any, paid by you to Monterra Vineyards to access and use the Site.

Indemnification

You agree to indemnify and hold us harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, arising out of or relating to your use of the Site in violation of the Terms of Use. Additionally, you agree to indemnify, defend, and hold Monterra Vineyards harmless from any and all claims, actions, demands, causes of action, and other proceedings arising from or related to any of the following (“Claims”):

· Your use, inability to use, or activities in connection with the Site

· Any violation of the Terms of Use or any other terms, conditions, or policies of Monterra Vineyards, by you or through any account you may have with the Site

· Any transaction

· Any allegation that a Submission or other material that you make available through the Site infringes or otherwise violates the intellectual property, privacy, or other rights of any third party

· Your violation of any rights of any user

Governing Law

The Terms of Use will be construed, and enforced, under the laws of California without reference to choice of law principles. Any dispute relating to the Terms of Use or the Site may be litigated only in a court having jurisdiction and venue in San Joaquin County for state court causes of action and in Sacramento, California for federal court causes of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose.

The failure of Monterra Vineyards to enforce any right or provision of It’s the Terms of use does not constitute a waiver of such rights and provisions. The Terms of Use may be enforced to the fullest extent allowed by law. Should any provision of the Terms of Use be unlawful, void, or unenforceable, that provision is to be considered negated from the Terms of Use and will not affect the authority of the remnant provisions.

Miscellaneous

The Terms of Use are not and should not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Monterra Vineyards. You may not assign, transfer, or sublicense any or all of your rights or obligations under the Terms of Use without prior written consent of Monterra Vineyards. All headings or section titles contained herein are for the purpose of convenience and do not define or explain the subsequent section or provision.

Linking Policy

This Agreement governs the limited permission grants for establishing a hyperlink between a user's website and Monterra Vineyards’ (the “Brand”) website (the “Site”) www.monterrawine.com. By creating a hyperlink between your website and the Site, you agree to be subject to this Agreement. So, if you are willing to agree to the following requirements, you may link to our site under the following conditions:

· This Agreement applies only to the Site.

You may link by using only standard text hyperlinks, such as those shown above. You may not link by using any trademark, service mark, logo, or other proprietary images, brand names, icons or other intellectual property of the Brand either on the Site or in any website source code (such as a meta tag) and no such rights are granted herein.

· Each site shall only market products to adults and shall have an independently audited demographic indicating at least 71.6% of its site visitors are of legal drinking age in the country/territory which they reside.

· Each site will comply with the laws, local industry codes and regulations, including any limitations or restrictions, imposed by the governments of the markets in which our products or your products are marketed or sold.

· No site will use religious or other cultural symbols in a way that is likely to offend a particular religious or ethnic group.

· No site will use sexual slang, situations or depictions, or exploit the human form. You agree not to use the link on any website that contains, or links to any other websites that contain obscene, discriminatory, offensive, political or pornographic material of any kind.

· With respect to the promotion and use of beverage alcohol, none of the sites on which the link will appear will violate, nor will they contain any content prohibited by, the Wine Institute Code of Advertising Standards available at:

http://www.wineinstitute.org/initiatives/issuesandpolicy/adcode/details.

· You agree not to use the link on any website that disparages the Brand, the Site, or the Brand’s products or services, or which infringes on the Brand’s or its affiliates’ intellectual property or other rights.

· You may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of the Sites.

· You may link only to the opening page for the Site and you may not skip the web pages requiring the viewers of the Site to verify their age.

· You agree to indemnify and hold the owners of the Brand and its affiliates (“Brand and Affiliates”) harmless from and against any claims for damages or other claims, asserted against the Brand and Affiliates including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs and expenses (including without limitation reasonable legal fees) arising from your website being linked to the Site.

· The Brand reserves the right to seek the appropriate remedies against any action by you that does not conform to these terms and conditions.

DELICATO FAMILY WINES PRIVACY POLICY

Last Updated: January 1, 2024

Welcome to the Delicato Family Wines Site (the “Site”). This Privacy Policy (the “Policy”) is intended to inform you of the ways in which Delicato Family Wines collects information for the Delicato Family Wines portfolio of brands, the ways in which the information is used, and the ways in which the personal information you choose to provide us will be protected.

If you are a Delicato Family Wines employee, employment applicant, supplier, distributor, or trade contact, additional policies may apply.

This Policy is subject to our Terms of Use. We may update this Policy from time to time.

California state law confers certain rights relating to personal information to its residents. If you are a California resident, please also see our California Consumer Privacy Rights in this Policy accessible at the link above.

Your Consent

Please review this Policy periodically. You should read this entire Policy before submitting information, including personal information, to us in any form . Whenever you submit personal information to us, whether online or offline, you consent to the collection, use, and disclosure of that information in accordance with this Policy.

All personal information may be used for the purposes stated in this Policy. We may make full use of all information that is de-identified, aggregated, or otherwise not in a personally identifiable form. We may also make full use of all user-generated content you submit to us, in accordance with our Terms of Use.

Intended Audience:

We are in compliance with the requirements of the Children’s Online Privacy Protection Act (“COPPA”) and other applicable privacy laws. The Site is maintained strictly for individuals who are of legal age to consume alcoholic beverages under applicable law. As a result, we do not request or knowingly collect personal information from individuals under legal drinking age. If you are not of legal drinking age, you should not access the Site.

INFORMATION COLLECTION AND USE

We collect personal information using three methods: 1) from you when you choose to voluntarily provide it; 2) using automated technology, including when you visit our websites or interact with our electronic advertisements or communications; and 3) using third party sources and service providers, including but not limited to entities providing data analysis and analytics, social media and social networking websites and other entities. To see a complete list of what we collect and how we use this data, please see our Annex 1 below.

Personal Information

We collect information volunteered by you, including but not limited to Contact information, location, birthdate, gender, household income ranges, consumption habits, product usage, opinions of our products and other personal information (collectively, “Personal Information”). Any Personal Information you provide will be used as indicated in this Policy.

We collect information about you through your browser, computer hardware and software. This information can include your IP address, device ID, domain names, browsers you used to access our Site and services, webpages viewed, time spent on webpages, links clicked, transactions entered into and site-navigation patterns. This information is used by Delicato Family Wines for the improvement of our business.

USE OF PERSONAL INFORMATION

We may use the information we collect from you to:

Provide you with information, services and products;
Respond to or follow-up on your comments, inquiries, or other requests;
Communicate with you about your account or use of our websites;
Improve the quality of our websites, services and products, and tailor them to your preferences;
Communicate with you about special offers and other marketing communications and advertisements, including, but not limited to, about our products and services and consumer experiences (such as events, tastings, wine clubs, pool and cabine reservations, and dining and restaurant reservations);
Verify that you are of legal drinking age in your jurisdiction (if applicable); and
As otherwise specified at the point of Personal Information collection.

In addition, we may use your information for compliance with our company policies and procedures, for accounting and financial purposes, and as otherwise described above. If you do not provide this information we may not be able to fulfill the applicable purpose of collection, such as to respond to your queries or provide our Site to you.

HOW WE DISCLOSE YOUR PERSONAL INFORMATION

The Personal Information you provide is held by Delicato Family Wines or an agent of Delicato Family Wines, and may be used by our affiliates, partners, agents, or licensees. The information will not be sold, shared, exchanged, or otherwise distributed to unaffiliated third parties, except to the extent required by law, or as outlined below:

Our Affiliates and Business Partners – We may share your information with our affiliates and business partners in the US and worldwide for the purposes described above and for other general business administration purposes. By visiting our websites or otherwise providing us with your information, you consent to this transfer of your information throughout our network of entities. To unsubscribe from such disclosures, please see the “Contact Preferences and Opting Out” section below.

Agents/Service Providers – The business and operation of Delicato Family Wines may be supported by other companies and individuals who perform services on our behalf (e.g., processing credit card payments, sending email marketing communications, processing job applications, data analysis, hosting or operating our Site and other business support services). Personal Information may be provided to these entities who have agreed to keep the information confidential and use it only to provide the applicable service(s) such as vendors that help us communicate with you, vendors that host our website and data, security and fraud detection vendors.

Legal Matters – We may disclose Personal Information to outside parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; in connection with disciplinary actions/investigations; or if by good faith belief that such action is necessary to protect and defend the rights, property, or safety of Delicato Family Wines, its affiliates, or users of the websites, or the public. Personal Information may also be used to enforce the Terms of Use of the applicable website, or to respond to claims that any content violates the rights of third parties.

Business Transfers – Where permitted by law, we may transfer your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any position of our business, brands, affiliates, subsidiaries or other assets.

Any Personal Information received may be used in the marketing, promotion, and advertising of Delicato Family Wines portfolio of brands. Such information may be used for purposes such as processing your orders; communicating with you about special offers and other marketing communications and advertisements; inviting you to participate in online and offline events (including, but not limited to, consumer experiences such as tastings, wine clubs, pool and cabine reservations, dining and restaurant reservations); to improve the quality of our products and services; and to send promotional communications and offers.

Therefore, providing your information may result in Delicato Family Wines contacting you by mail or other communications (electronic or otherwise) regarding our portfolio of products, services, promotions, surveys, or events.

HOW WE USE “COOKIES AND OTHER TECHNOLOGY”

As you access or use our websites, Delicato Family Wines may collect information passively, by using technologies such as cookies, web beacons, pixels, and navigational and location data collection (clickstream, log files, server logs) for the purposes described in this Policy. Such automated technologies further help us to keep track of your interactions with our website in order to personalize your web experience, including through offers, advertisements, language and location preferences. Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use. By disabling cookies, you won’t be able to enjoy the convenience provided by our customization.

To find more information about cookies please visit www.allaboutcookies.org.

THIRD PARTY ADVERTISING AND ANALYTICS DISCLAIMERS

We and/or third parties including advertising companies, social networking sites, and service providers on our behalf, use cookies, web beacons and other similar technology, to collect information for the purposes described in this Policy including advertising, analytics, online behavioral marketing, monitoring performance and improvement of our online services (traffic, errors, page load time, popular pages, etc.).

You may opt out of behavioral remarketing as follows:

Google Analytics and Facebook Pixel: We use Google Analytics and Facebook Pixel to understand how our website, services, and products perform, how you use them, and to serve you with ads on third-party websites and social networking sites like Facebook. To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/. To opt out of Google Analytics please visit https://tools.google.com/dlpage/gaoptout. To learn more about how Facebook uses your data, please visit https://www.facebook.com/policy.php.

Advertising and Remarketing Services: We use remarketing services to inform, optimize, and serve ads on third-party websites such as Facebook to you based on your use of our Site and social media. To understand more about Facebook advertising and manage your preferences, please visit https://www.facebook.com/about/ads. Login to Facebook and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app) for more information. For more information about targeted advertising and to opt out of collection of information and ad targeting from third-party websites, including Facebook and Google, please visit http://www.aboutads.info/choices. If you choose to opt out, you will continue to receive advertisements but they will not be tailored to your interests.

Digital Advertising Alliance

You can also opt out from companies like Google, Instagram, Pinterest, Facebook and other participating companies through the Digital Advertising Alliance in the USA: http://www.aboutads.info/choices. You can also opt out of participating companies from the Digital Advertising Alliance of Canada in Canada: http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe: https://www.youronlinechoices.eu/, or opt out using your mobile device settings.

RETENTION OF PERSONAL INFORMATION

We will retain your personal information (collected through offline and online methods) for as long as it is necessary for the purposes described in this Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. For more information regarding retention of personal information see Annex 1.

Contact Preferences and Unsubscribing From

Delicato Family Wines wants to communicate with you in a manner you find helpful. If you no longer wish to receive email marketing communications from us, you may unsubscribe from receiving marketing-related emails by using the unsubscribe method provided in our communications (e.g., by clicking on the “unsubscribe” link in the email to unsubscribe). Such communications may include information about products or services, promotions, or upcoming events or experiences. Please note that unsubscribing from our promotional material will not prevent Delicato Family Wines from contacting you for other reasons, such as order confirmations, responses to customer service inquiries, or information about an event for which you have registered.

Alternatively, to the extent that applicable law requires your prior opt-in consent to receive marketing and promotional emails, we will ask for your consent and you can choose not to subscribe.

Security

Delicato Family Wines takes commercially-reasonable technical, administrative, and physical security measures to protect your Personal Information from unauthorized or inappropriate use.

All orders placed on our websites require a credit card. Upon submitting an order, all credit card numbers are transmitted via secure and encrypted methods. If desired, credit card numbers can be kept on file for future purchases. For your security, these credit card numbers are stored in secure, encrypted databases.

However, as no security system is wholly failsafe or impenetrable, the transmission of information via the internet is not completely secure. We cannot guarantee the security of our database or the information you supply while being transmitted to us over the Internet. Although we strive to protect your personal information in accordance with this Policy, we will not be liable for disclosure of personal information obtained due to errors in transmission or security breaches. If you have reason to believe that your interaction with us is no longer secure, please contact us immediately as detailed under the “Contact Information” section below.

Promotions

Personal Information will be requested when you enter a promotion or sweepstakes to be used for the purpose of administering the promotion or sweepstakes and potential future opportunities. The Personal Information will also be used and stored as set forth under the “Use of Personal Information” section unless otherwise indicated by you through the means provided under “Contact Preferences”. Any further uses of the Personal Information will be outlined in the Official Rules and Regulations for the specific promotion.

External Links

We may make available third party applications through our Site for your use. Links to other websites included in this Site operate with privacy policies beyond the control of Delicato Family Wines. Unless otherwise indicated, once you have left the Site, all use of information you provide is governed by the privacy policy of the other website’s operators. Delicato Family Wines is not responsible for any transactions that occur between you and a third-party website or social media account.

Governing Law

This Policy and our privacy practices will be subject exclusively to the laws of the State of California, United States of America. We make no representation that this Policy and its practices comply with the laws of any other jurisdiction.

Changes to This Policy

Any change made to the Policy will be considered effective immediately. By using the Site, you consent to the collection, use, and transfer of your information in accordance with the Policy. It is therefore recommended the Policy be referenced on a regular basis. If you do not agree to the Policy, please do not use the Site.

Contact Information

Please direct any questions regarding this policy to Customer Service at:

Trade Practices Compliance

Delicato Family Wines

12001 South Highway 99

Manteca, California 95336

Delicato Family Wines invites you to drink our wines responsibly.

CALIFORNIA CONSUMERS ONLY: Your California Privacy Rights

Updated on January 1, 2024

This Privacy Rights Act Notice (“Notice”) provides additional information to California residents whose Personal Information is collected by us pursuant to California law, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). If you are not a California resident, this Notice does not apply to you. Please visit our Privacy Policy (“Policy”) for more information. Any capitalized terms undefined in this Notice have the same definition as the Policy.

The purpose of this notice is to inform our website users, customers, browsers, online community participants, those who purchase or inquire about our products and services, and other California residents from whom we may collect personal information (“California Consumers”), about our practices regarding the collection, use and disclosure of their personal information and certain rights under California law. This notice applies to both offline and online collection of personal information and applies to Delicato Family Wines and our affiliates and brands.

RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, DISCLOSED, OR SOLD AND SHARED

Information Collected

In the preceding 12 months, we have collected the categories of personal information about California consumers as described in Annex 1 to this Notice. To review these categories click here.

Business-to-Business (“B2B”) Information

If you are a contact person for any of our business partners, vendors, distributors, suppliers, service providers, contractors, or other entities with which we have a business relationship or potential business relationship, we collect the contact information you provide to us, including name, phone number, address, email address and other contact and relationship information consistent with your role in facilitating that business relationship. We use that information for internal purposes, including to contact you, send and receive information, and otherwise facilitate the business relationship. We do not disclose that information outside our business relationship without your consent.

Information Sold or Shared

We have not sold or shared, as defined by the CPRA, any personal information to third parties for a business or commercial purpose in the preceding 12 months.

Information Disclosed for Business Purposes

We have disclosed the following categories of personal information to third parties in the preceding 12 months:

Personal Identifiers (such as first name and last name, address, email address, telephone number, and other contact information)

Commercial Information (such as billing information, address, or credit card number)

Internet/Network Activity

We do not knowingly sell the personal information of individuals under 16 years of age without affirmative authorization.

Because our products are strictly for individuals who are of legal age to consume alcoholic beverages under applicable law, we do not request, knowingly collect, or sell personal information of individuals under legal drinking age. If you are not of legal drinking age, you should not access our website or purchase our products.

For details regarding the categories of third parties with whom we have shared, sold, or disclosed personal information, please see Annex 1.

Requests to Know

You have the right to request that we disclose to you the following personal information we collect about you:

categories of personal information collected;
categories of sources of personal information collected;
the business or commercial purpose for collecting or selling personal information;
the categories of third parties with whom we share personal information; and
the specific pieces of personal information we have collected about you over the past 12 months.

You also have a right to know if we have sold or disclosed your personal information for a business purpose over the past 12 months and, if so, the categories of personal information sold or disclosed and the categories of third parties to whom the personal information was sold or disclosed, along with the business or commercial purpose for which the personal information was sold or disclosed.

To make a request for any of the information set forth above (a “Request to Know”), please submit a verifiable consumer request pursuant to the instructions below. You may only make a Request to Know twice within a 12-month period. We will acknowledge your Request to Know within 10 days and will attempt to respond substantively within 45-90 days.

The Request to Know must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request.

You can make a Request to Know the personal information we have about you in the following ways:

You may make a request using our online form available here.
You may also make a request by phone by contacting us at 1-800-650-0640.

Once we receive your Request to Know, we will begin the process to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. If you are an account holder, making a request through your account is sufficient for verification purposes. If you do not have an account with us, you will be asked to provide us with two or three pieces of information that will help us to verify your identity.

Depending on the sensitivity of the personal information you are requesting to know, we may need to match two or three pieces of identifying information from your request with information from our records. If your Request to Know involves very sensitive information, we may also need a signed declaration stating that you are the consumer whose personal information is the subject of the request.

We take your privacy seriously. While we will do our best to verify your identity based upon the identifying information you provide to us in the request, we may request additional identifying information from you to complete the Verification Process.

RIGHT TO KNOW SENSITIVE PERSONAL INFORMATION COLLECTED

We collect and use your Sensitive Personal Information as described in Annex 1.

We do not collect or process sensitive personal information for the purpose of inferring characteristics.

RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION

You have the right to request the deletion of your personal information collected or maintained by us (“Request to Delete”), subject to certain exceptions permitted by law.

To make a Request to Delete, please submit a verifiable consumer request pursuant to the instructions below. We will acknowledge your Request to Delete within 10 days and will attempt to respond substantively within 45-90 days.

The Request to Delete must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request. Additionally, as permitted by law, if the information requested to be deleted is necessary for us to maintain, we will not be able to comply with your request. We will notify you if this is the case. You can make a Request to Delete in the following ways:

You may make a request to delete using our online form available here.
You may also make a request by phone by contacting us at 1-800-650-0640.

You can confirm your decision to have us delete your information in the following ways:

We will send a link to your email address to confirm your desire to delete your personal information. Please click on the link through your email address to confirm your request to delete.
We will call you on the phone number provided by you to confirm your desire to delete your personal information.

Once we receive your initial request to delete and your separate confirmation to delete, we will need to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. When making your request, you should be prepared to provide us with information that will help us to identify you.

Depending on the sensitivity of the personal information you are requesting to delete, we may need to match two or three pieces of identifying information from your request with information from our records. If your request to delete involves deleting very sensitive information, we may also need a signed declaration stating that you are the consumer whose personal information is the subject of the request.

While we will do our best to verify your identity based upon the identifying information you provide to us in the request, we may request additional identifying information from you to complete the Verification Process.

We will retain correspondence, documents and information related to any Request to Know, Request to Delete, or Request to Opt-Out for 24 months as required by law.

RIGHT TO OPT-OUT OF SALE OR SHARING OF PERSONAL INFORMATION

You have the right to opt-out of the sale or sharing, as defined by the CPRA, of your Personal Information. We do not and will not sell your personal information. As explained in Annex 1 of this Policy, we share your data with third parties such as social networking sites and advertising companies, in order to serve you with ads tailored to your preferences across various platforms.

Opt-out Preference Signals

Where applicable, we honor opt-out preference signals that you enable, including a Global Privacy Control. Opt-out preference signals are plug-ins available in certain browsers that signal to websites you visit of your preferences to opt out of the sale and sharing of certain personal information. If you have enabled an opt-out preference signal device from your browser, we will not sell or share your personal information without first seeking your explicit consent.

This Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third-parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third-parties to learn about their privacy practices.

As explained in our "Cookies and other technology" section, you can opt out of cookies using your browser.

Please Note:

Opt-outs are device and browser based. You must opt out on each device and each browser where you want your choice to apply.

Opt-outs may be stored via cookies. If you clear cookies, your opt-out may no longer be valid and you must opt out again where you want your choices to apply.

We may still share your information with our service providers that help us perform functions that are necessary for our business such as vendors that host our website, credit card processors, analytics processors. These entities are contractually obligated to keep this information confidential and not use it for any purpose other than for the services they provide to our business.

You may still receive ads from us that are not tailored to your interests.

ADDITIONAL OPTIONS TO OPT-OUT OF SALE OR SHARING

In addition to the above options to opt out of the sale or sharing of your information under the CPRA as described above, you have controls and choices with respect to collection and use of your information by third parties. These are summarized for you below. We do not control or maintain opt-out mechanisms for third-party companies and are not responsible for their operation.

Advertising Opt-Out

You can opt out of sharing your information with third-party companies engaged in targeted advertising including social networking sites such as Google and Facebook using the following tools: For websites: http://optout.aboutads.info/?c=2&lang=EN. For mobile apps: http://www.aboutads.info/appchoices

Google Opt-Out

If you would like to opt out of Google Analytics and Ads, you can. If you are on the web, you can opt out of Google Analytics by installing Google's Opt Out browser add on: https://tools.google.com/dlpage/gaoptout, and you can opt out of interest-based Google ads using https://adssettings.google.com/u/0/authenticated.

Facebook Ad Preferences

To understand more about Facebook advertising and manage your preferences, please visit https://www.facebook.com/about/ads. Login to Facebook and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app) for more information.

RIGHT TO CORRECT

You have the right to request that we rectify inaccurate information about you.

Requests to Correct

To make a Request to Correct, please submit a verifiable consumer request pursuant to the instructions below. We will acknowledge your Request to Correct within 10 business days and we will attempt to respond substantively within 45-90 days.

You can make a Request to Correct in the following ways:

You may make a request to correct using our online form available here.
You may also make a request by phone by contacting us at 1-800-650-0640.

Once we receive your request to correct, we will need to verify that you are the person that is the subject of the request through the Verification Process. The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. When making your request, you should be prepared to provide us with information that will help us to identify you.

Depending on the sensitivity of the personal information you are requesting to correct, we may need to match two or three pieces of identifying information from your request with information from our records. If your Request to Correct involves correcting very sensitive information, we may also need a signed declaration stating that you are the consumer whose personal information is the subject of the request.

We will review all information provided by you to us, to determine whether the information is inaccurate. We reserve the right to delete the information instead of correcting if such deletion does not impact you or your consent to the deletion.

We will inform you of our decision to deny or grant your request.

We will retain correspondence, documents and information related to any Request to Correct for 24 months as required by law.

RIGHT TO NON-DISCRIMINATION FOR EXERCISING CONSUMER PRIVACY RIGHTS

You have the right to not receive discriminatory treatment for exercising your privacy rights conferred by the California Consumer Privacy Act, including by exercising the rights specified herein.

RIGHT TO ACCESS INFORMATION ABOUT AUTOMATED DECISION MAKING AND THE RIGHT TO OPT-OUT OF AUTOMATED DECISION MAKING

You have a right to request information about automated decision making processes Delicato Family Wines uses, and you may request to opt out of automated decision making. If you have questions about automated decision making processes used by Delicato Family Wines, please email us at CCPA@delicato.com.

NOTICE OF FINANCIAL INCENTIVE

From time to time, Delicato Family Wines may provide financial incentives to consumers who elect to participate in these programs and, in connection with such programs, allow us to collect and retain certain personal information, such as Identifiers (e.g., your name, email address, or phone number), and Commercial Information (e.g., your purchase history). These incentives may result in differences in the prices of our products offered to consumers (e.g., discounts and other promotions). For example, the financial incentives we may provide include discounts based upon purchase activity and other periodic discounts for promotional purposes.

The material aspects of any financial incentive will be explained and described in its program terms or in the details of the incentive offer.

Participation in any financial incentive program is entirely optional and participants may withdraw from the program at any time. To opt-out of the program and forgo any ongoing incentives, please follow the instructions in the program’s terms and conditions, or contact us using the contact information below.

Each financial incentive or price or service difference related to the collection and use of personal information is based upon our reasonable, good-faith determination of the estimated value of such information to our business, taking into consideration the value of the offer itself and the anticipated revenue generation that may be realized by rewarding brand loyalty and repeat purchases.

RETENTION OF PERSONAL INFORMATION

We will retain your Personal Information for as long as it is necessary for the purposes set out in Annex 1 and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

AUTHORIZED AGENT INFORMATION

You may designate an authorized agent to make a request on your behalf under the California Consumer Privacy Act.

In order to allow an authorized agent to make a request on your behalf, please email us at CCPA@delicato.com to provide your written request and consent to an authorized agent.

When your authorized agent makes a request related to your personal information, we will require the agent to provide the above written permission. We may also require that you verify your own identity directly with us at the time such a request is made.

California Do Not Track Notice

Because there are not yet common, industry accepted “do not track” standards and systems, our website does not respond to Do Not Track signals. In addition, we may allow third-parties to collect personal information from your activity on our website, as described in the “Information Collection and Use” section above.

California Shine The Light Disclosure Information

Although we do not disclose to any third-parties for their marketing purposes any personal information, California residents are entitled to receive the following disclosure information under California law:

Under California Law, California residents have the right to request in writing from businesses with which they have an established business relationship, (1) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. We will respond to such written requests within 30 days following receipt at the e-mail or mailing address specified below under “Contact Us”. If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are required to respond to each customer only once per calendar year.

Changes to This Privacy Policy

This Policy may be revised from time to time for any reason. If this Policy changes, the revised policy will include a new effective date, and we will notify you of such changes by posting the revised policy on this page. Be sure to check the Policy whenever you submit personal information to us.

CONTACT FOR MORE INFORMATION

For information and questions about the use of your personal information or this California Consumer Privacy Section or your rights under California law, you may contact us at CCPA@delicato.com.

ANNEX 1

California Notice of Collection, Use, and Disclosure

See our full Privacy Policy here

See California Privacy Rights here

LINKING POLICY

CA Consumer

Annex 1

Terms of Use | Linking Policy | Privacy Policy California Consumer Privacy Rights | California Notice At Collection | Privacy Laws – Opt Out

Terms of Use | Linking Policy | Privacy Policy
California Consumer Privacy Rights | California Notice At Collection | Privacy Laws – Opt Out