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Privacy and Security Policy

Effective Date: January 01, 2020

At Sparkling Pointe Vineyards and Winery (collectively, “we,” “our,” “us,” “Sparkling Pointe”, “Sparkling Pointe Vineyards and Winery” or “SPT”) we recognize, respect, and value our customers’ (collectively, “you”, “your”, “they”, “them”, our “customer(s)”,  “visitor(s)”, or “user(s)”) privacy.  We diligently protect the trust you have placed in us and are committed to protecting your privacy.  We have developed this Privacy and Security Policy (the “Privacy Policy”, “Privacy and Security Policy”, or “Policy”) to fully share with you how we handle information we collect about you and to assure you that the information collected about you is only what is needed for conducting business and offering products and services (“Site”, “Service”, or collectively, “our Services” or “Services”) that might be of interest to you.

This Privacy Policy describes how Sparkling Pointe Vineyards and Winery and its subsidiaries and affiliates, collects, uses and discloses information about visitors and users of our websites, mobile applications, and other online features, products and services.  By visiting us, accessing this site, or using our services, you indicate your unconditional acceptance of our Privacy Policy and you consent to us gathering and processing information about you in accordance with this Policy.  Irrespective of which country you reside in or supply information from, you authorize SPT to use your information in the United States and any other country where SPT operates.

Our Policy

Federal and State law requires us to request identification from each consumer to prove that you are of age to legally purchase alcohol. To process an order, we need your name, home or other physical address, including street name and name of city or town, email address, telephone number, date of birth and credit card number. We understand the sensitivity of this information and maintain our files encrypted on a secured server to protect against unauthorized access. In addition to obtaining personal information, we may collect tracking information which is disclosed to third parties for statistical purposes only. This aggregate information is for understanding consumer trends. It does not contain personally identifiable information about you.  We do not and will not, under any circumstances, rent, sell, or share personal information about you with nonaffiliated companies, except to provide products or services you’ve requested and when we have your permission.

Personal Information and Data Gathering

Business & Commercial Purposes for which we Use Your Information

We collect anonymous information from visits to our site to help us understand the usage patterns of our site, and to provide better customer service. Information collected in this manner is provided automatically by your system and the systems that you use to connect to our site. For example, we keep track of what time people enter our site, how long they stay on the site, and what sections they visit on the site. This information is kept in aggregate, anonymous format. We use this information to better tailor our site for our visitors and their usage patterns, as well as to gauge performance and other measures of the site, again in anonymous and aggregate format. We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy and as otherwise needed to comply with applicable law.

We may send you unsolicited advertisements or solicitations unless you previously opted out or declined to receive them.  However, we reserve the right to send you certain communications, such as service announcements, administrative messages, and purchase invoices, that relate to or are part of products or services you have purchased or agreed to obtain from Sparkling Pointe, without offering you the opportunity to opt-out of receiving these communications.

Registration is required to use certain features of our site. We will collect general contact information, such as name and e-mail address, a password for account creation, as well as demographic information, such as age, gender and zip code. Data collected from online user-completed forms is stored in secure, password protected server locations. Demographic information collected is used to help us, or our affiliates, to analyze our aggregate user base and better tailor our site, promotions or other features to better serve that user base. Contact information is also used to better understand our user base.

We use your information to fulfill your order(s) based on this information.  We share non-credit related information with certain business partners in order to fill your order, deliver tailored advertising to you that appropriately match your interests, and to ensure we are compliant with wine direct shipping laws.  We provide you with information about your order (i.e.: whether and when your order has been received, processed, or shipped).

We may use information collected from you to:

Provide you with information, services, and products offered on or through our services
Administer our loyalty programs
Develop or improve new products
Measure, analyze, and adjust our marketing campaigns
Respond to your comments or inquiries
Communicate with you about your account or use of our services
Communicate with you about special offers
Verify you are of legal drinking age

In addition, we use your information for compliance with Sparkling Pointe’s policies and procedures, for accounting and financial reasons, as otherwise consented to by you, and as required or permitted by law.

Personal Information Given When Ordering

By visiting or using our Services, we may collect the following categories of personal information or Personally Identifiable Information (PII):

Identifiers:

First and last name
Date of birth (and verification that your age is over 21, where applicable)
Demographic information (e.g.: gender)
Email address
Telephone number
Billing address
Shipping address
Mailing address
Username and password to our site

Commercial Information:

Credit card account number
Payment information
Details of transactions that you carry out through our Services and the fulfillment of your orders (including names of items you purchase from us)
Loyalty account information
Any other Personal Information you volunteer (including in the order notes, messages you include in gift messages, in relation to a promotion, or to a survey).

Personal Information Given when Joining a Wine or Other Club

If you join one of our wine clubs, in order to ship your order(s), bill you for products you have ordered, provide you with further information and deliver the best possible customer service to you, you provide us with your:

Full name
Date of birth
Billing and shipping address
Phone number(s)
Email address
Account password
Credit card information

Personal Information Given When Joining One of Our Mailing Lists

If you join our mailing list(s) you provide your email address, name, and select your interest(s) so we may tailor the content emailed to you.

From time to time, Sparkling Pointe will contact our registered users who have opted in to be e-mailed with promotional information, news, and special offers that we feel would be applicable to, and desired by that user. At any time a user wishes to opt-out of e-mails containing news and special offers from us, they may do so by contacting info@sparklingpointe.com. Once opted-out, the user will not receive any further communication from us, aside from a confirmation email and/or any system messages that are necessary to that user in specific transactions, such as e-commerce order summaries and receipts.  If you do not opt out, we will periodically contact you via email with news and special offers.

Additional Information

This site may make chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. We also encourage visitors to be courteous in communicating with others and to be cognizant about choosing when and to whom to release personal information online. Never disclose any personal information that is of a sensitive or confidential nature on any public area of our site.

We may, from time to time, request you post certain hashtags to your comments and images from your social media account(s) (including, but not limited to, Instagram, Facebook, and Twitter).  In certain instances, if you add those hashtags to your content, depending upon your social media privacy settings, the image may be redisplayed on our services.  While you retain ownership of the image, using the hashtags we request gives us permission to display and re-display the image.  Content may contain information about you. We may collect and use that information for marketing and research purposes.  If you do not want your content posted on our Services, please refrain from using our requested hashtags or from tagging us in your images with @mentions.

We may also automatically collect the following categories of network activity and/or device information used to visit or use our Services:

IP address
Device identifier
Website(s) you visited before visiting our website
Browser type
Any search term(s) entered through or to get to our services
General location data based on your device information
Device operating system
Access times
Usage patterns and page views within our site
Beacons
Log files
Embedded pixels
Cookies
Clear gifs
Flash LSOs
Third party applications and APIs

If you email us, we may keep your message, email address and contact information in order to respond to your outreach.

Non-Personally Identifiable Information

When you visit our site, we collect basic, non-personally identifiable information, including pages visited, types of products viewed, and information about your device and internet connection (e.g.: your IP address, operating system, and browser type). We aggregate this information to improve our website and bring value and efficiency to your experience.  Sparkling Pointe may share and otherwise process aggregated information or de-identified information that does not identify you individually with other parties (e.g.: we may share statistics and analyses about pages viewed on our websites).

Third Parties and Affiliates

When appropriate and/or necessary, Sparkling Pointe may share identifiers, commercial information and/or device information with our affiliates, subsidiaries, business partners, third party service providers and/or authorities.  By visiting or using our services or otherwise providing us with your information, you consent to the transfer of your information with this network of third parties.

Sparkling Pointe often uses third party applications and development partners to assist in online development and deployment as well as in data and information collection. These companies are strictly bound by our privacy policy covered in this document, as well as by all other conventions and business practices of Sparkling Pointe Vineyards and Winery concerning user information and data from online sources.  We do not authorize these third parties to use your information for purposes other than for which it was provided, nor do we authorize these third parties to disclose that information to unauthorized parties.  We require these third parties to maintain appropriate security measures to protect your information from unauthorized access or processing.  For the purposes of this document, the terms “we,” “our,” “us,” “Sparkling Pointe”, “Sparkling Pointe Vineyards and Winery” or “SPT” will also represent these third party developers.

We may receive certain categories of Personal Information (listed in the section, “Personal Information Given When Ordering”) from third party applications (including, but not limited to, Instagram, Twitter, Facebook and Xüdle) that you use in conjunction with our Service, as well as from our other brands, affiliates, subsidiaries, business partners, and third party data providers.  We may combine this information with information you have provided for conducting business and offering products and services appropriate for you.

How We Share Your Information for Our Business Purposes

Sparkling Pointe may occasionally utilize partners and vendors to assist it in analysis of the data and information collected by our sites. This information is used in aggregate and anonymous format for the purpose of better tailoring our website, promotions or other company endeavors to better suit our user base. This information is shared with our partners and vendors only on an as-needed basis. Financial information will never be shared with any organization other than those necessary for completing the financial transaction required.

How We Share Your Information for Other Purposes

On occasion, Sparkling Pointe may sponsor promotions that are managed by third party organizations. Information and data gathered in those instances will be held by the third party and will normally be shared with us. Once shared with us, that data and information is subject to Sparkling Pointe’s stated privacy policy. Information and data retained by the third party will be subject to the privacy policy stated by the third party. Sparkling Pointe will make a reasonable best effort to have the third party utilize that information in accordance with our stated privacy policy, however, cannot take final responsibility for the third party’s actions.

We may also share with our affiliates, subsidiaries, business partners and other third parties the following categories of information: Identifiers Commercial Information, and Device Information, which may use this information for purposes other than strictly operational purposes. You may have the right under applicable law to opt out of or object to such sharing as described below in the “Choices and Rights” section of this Privacy Policy. In certain jurisdictions, such sharing may be considered a “sale” of information. The purposes for which we have shared your information in this context are analytics, marketing, and retargeting.

With Whom Do We Share Information

Sparkling Pointe may share any data and information gathered on its branded websites with other internal Sparkling Pointe branded website owners and managers. Information shared will still be subject to this privacy policy. Information and data gathered solely by Sparkling Pointe will never be sold, traded or shared with third parties for any other reason other than for assisting in providing products or services you have requested and when we have your permission.

We may contract with third party marketing companies to serve advertisements on our behalf across the Internet. They may collect non-personal information about your visits to our website, and your interaction with our products and services. They may also use non-personal information about your visits to this and other websites to target advertisements for goods and services. These targeted advertisements may appear on other websites that you visit. The anonymous information is collected using technology such as Cookies and Web Beacons, which are industry standard. No PII is collected in this process.

We may share your PII and non-personal information, including your name, address, email address and any transactions you conduct on our website or offline with us with third party advertising partner(s) and its service providers in order to deliver tailored advertising to you that match your interests when you visit our website as well as other websites. Our advertising partner(s) will make the data that we provide anonymous so that no one else will receive your PII.

Sparkling Pointe may preserve and/or disclose your information to regulatory authorities, courts, government agencies and other third parties when doing so would be reasonably necessary to comply with applicable law, regulation or legal request, to protect the safety of any person, to defend the interests, rights, and/or property of us or others, or to respond to emergencies.

Cookies and Similar Technologies

Cookies and other technologies are sometimes used to further track and facilitate usage patterns of the site by users, in aggregate and anonymous format. Cookies involve placing small files and/or code on your system by our site and are used for a number of purposes, including, but not limited to, allowing users the convenience of not having to re-enter usernames and passwords, remembering user preferences on our site (e.g.: language), supporting security measures, such as requiring re-login into your account, and generally improving your experience on or with our services.  However, no username or password information is kept on your local device. Only a unique identifier is kept on your system that will allow you to access the records stored on our secure, password-protected server(s). No financial or personal information will ever be left on your system in the form of a cookie.  Where required by law, we collect your consent for the use of these technologies.

Types of cookies used include:

Strictly necessary cookies – cookies necessary for the functioning of our services
Non-essential cookies
Persistent cookies – cookies that will remain on your device until you delete them
Session cookies – cookies that are automatically erased when you exit your browser

Many improvements and updates to our website are based on these and other types of data.  We may place or recognize online behavioral advertising on your browser or device when you visit our website for purposes of serving you targeted advertising.  We also work with third party advertising companies who place their own cookies or similar technologies on your browser or device when you visit or use our website or other websites to serve you customized advertising as you browse the internet.

If you do not wish to enable cookies but would like to order wine from us, please email, call, or visit our location listed under the “Contact Us” section in this Privacy Policy.

Choices and Rights

At any time a user wishes to opt-out of receiving e-mails from us, they may do so by either following the unsubscribe method provided within the communication or by contacting info@sparklingpointe.com. Once opted-out, the user will not receive any further communication from us, aside from a confirmation email of successfully opting out or any system messages that are necessary to that user in specific transactions, such as e-commerce order summaries and receipts.  Where required by applicable law, we may ask for your consent to opt-in to receive marketing and promotional emails.

Our site provides users the opportunity to opt-out of receiving communications from our partners at the point where we request information about the visitor. At any time a user wishes to opt-out of these communications or to inquire about any contact preferences, they may do so by contacting info@sparklingpointe.com. Once opted-out, the user will not receive any further communication, aside from a confirmation email or successful opt-out or any system messages that are necessary to that user in specific transactions, such as e-commerce order summaries. This will not affect the use of cookies and other system data that we gather from you, as this is generally anonymous information that is used in aggregate form.

You can set your device(s) or browser(s) to accept or reject most cookies, or to notify you in most situations that a cookie is offered, so you may decide whether to accept or reject it.  However, if you block cookies, certain features of our website may not function.  Additionally, blocking or deleting cookies, may not necessarily stop all tracking.  If you reject such technologies as described in this document, you may continue to receive advertisements, but they may not be tailored to your browsing activities or interests.

You may opt-out of the use of your information for tailored advertising purposes.  To learn more about the use of this information or to choose not to have this information used by our third party advertising partner(s) by opting out, please visit the following self-regulatory programs for online behavioral advertising:

Network Advertising Initiative (https://optout.networkadvertising.org/) (US Only)
Digital Advertising Alliance (https://optout.aboutads.info/) (US Only)
European Interactive Digital Advertising Alliance (https://www.youronlinechoices.com/) (EU Only)
Digital Advertising Alliance – Canada (https://youradchoices.ca/en/tools) (Canada Only)

Please note, if you delete your cookies, use a different browser, or buy a new computer, you may need to renew your opt-out choice(s).

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. To the extent required by applicable law, you may have the right, and we also provide you with the opportunity, to be informed of whether we are processing your information and to access, correct, update, oppose, limit, delete, and block our use of your information upon request and free of charge. For such inquiries, please contact us at info@sparklingpointe.com, and we will try to comply with your request in a reasonable amount of time and as required by applicable law.

Please note that we may need to retain certain information for record-keeping purposes, to complete any transactions started before your request was made, or for other purposes as required or permitted by applicable law.  In any circumstance, should you choose to exercise any of your rights detailed above, we will not discriminate against you by offering different pricing or products, or by providing you with a different level or quality of products, based solely upon this request.

Security of Your Information

What Data Security Measures We Use

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.  We take commercially-reasonable technical, administrative, and physical security measures to protect your information, including generally accepted industry standards to protect the information submitted to us during transmission and once we receive it.

We use encryption technology to keep your personal information safe. All registration information and sensitive information you provide us is encrypted using transit layer security (TLS) technology or similar technologies, or when applicable, is encrypted and stored in secure locations on password-protected servers.  All sensitive information (including but not limited to login credentials, personal and payment information) is encrypted when being transmitted over the internet using TLS technology.  Additionally, we limit access to personal information about you to only those employees and third parties who we believe reasonably need to come into contact with that information in order to provide products and/or services to you and to perform their job responsibilities.  Credit Card transactions are in PCI DSS (Payment Card Industry Data Security Standard) compliance.

We cannot guarantee absolute 100% security, as no method of transmission over the internet or of electronic storage is 100% secure.  However, we believe the measures we have implemented to secure your data reduce the likelihood of security issues to a level appropriate to the type of data involved. If you have reason to believe that your interaction with us is no longer secure or has been compromised, please contact us immediately at info@sparklingpointe.com.

International Transfers

By using some of our services, you consent to the international transfer of information about you when some third parties may be located in countries other than your own.  Where required, we take appropriate measures to allow and secure the transfer of information about you to these recipients in order to comply with local data privacy laws.

Links to Other Websites

This site may contain links to other websites. Sparkling Pointe is not responsible or liable for the privacy practices or the content of such websites.  We have no control over those third party websites, and your use of those websites and features are subject to privacy policies posted on those websites.  Your use of third party websites linked to our website is at your own risk, so we encourage you to read any privacy policies on other websites when you leave one of our services.

Legal Purchase Age

Our services are intended only for those of legal drinking age. Do not provide us with your personal information if you are not of legal age to purchase alcohol in the jurisdiction in which you reside and, if different, in the jurisdiction in which you are accessing the site. We do not knowingly or intend to collect personal information from any individuals under the legal purchase age or market alcoholic beverages to anyone under the legal purchase age. If we receive notice or believe that someone under the legal purchase age has provided us with personal information, we will take the appropriate steps to remove such personal information from our files. All wine orders must be placed by a person 21 years of age or older. Verification of age is required at the time of delivery.

How We Protect People Under 21 Years of Age

This site is not intended for people under the legal drinking age of 21. We do not seek or knowingly collect personal information from or about individuals under the age of 21. If we become aware we have unknowingly collected personal information from an individual under the legal drinking age, we will delete the information immediately.

Our website does not target and is not intended for children under the age of 13 and thus we will not knowingly collect data from them. We abide by the Children’s Online Privacy Protection Act (COPPA) requirements. If we discover personal data from a child that has been provided through our website, we will remove the information immediately.

Information for California State Residents

If you reside in California, you may have additional rights to how we use your information.  We are required to provide additional information to you about how we use and disclose your personal information.  We collect specific pieces and categories of information about individuals (“Personal Information”, in California “CA Personal Information”) from the individuals or other third parties. This section details those California-specific rights and information.

California Privacy Rights

California Civil Code permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their 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 purposes, you may request to opt-out of such sharing by a brand free of charge by following the instructions in the “Choices and Rights” section above, or by contacting us as detailed in the “Contact Us” section below. Please be aware that your opt-out selection will apply only to the sharing by that particular brand.

Subject to certain exceptions, as a California resident, you have the right to:

Access your CA Personal Information
Obtain deletion of your CA Personal Information
Receive information about the CA Personal Information about you that we have “sold” (as such term is defined under California law) to third parties within the past 12 months
opt-out of the “sale” of your CA Personal Information

California residents additionally have the right to opt-out of the “sale” of their Personal Information as defined under the California Consumer Privacy Act.

To exercise this right with Sparkling Pointe or other rights outlined above, please contact info@sparklingpointe.com.  Should you make this request we will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of products, based solely upon this request.

Changes to this Privacy and Security Policy

Except to the extent limited by applicable law, we reserve the right to update our Privacy Policy at any time, to reflect any changes to our practices, by posting the updated information on our website.  Any updates posted will become effective immediately and apply to all information collected about you.  We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address submitted to Sparkling Pointe and/or by placing a prominent notice on our site.  If we make changes that materially impact previous information collected about you, we will notify you by email to the best of our ability and extent that we have your correct email address.

Sale and Transfer

In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, liquidation or other disposition of all or any portion of our business, brands, affiliates, subsidiaries, or other assets, we may transfer, sell, or assign to third parties information concerning your relationship with us, including without limitation, personally identifiable information that you provide and other information concerning your relationship with us.

Contact Us

Questions and concerns, regarding our Privacy Policy, website content, information we have collected about you, or to exercise your rights as detailed in this document, should be directed

by email to: info@sparklingpointe.com

by postal mail to:
Sparkling Pointe Vineyards and Winery
39750 County Road 48
Southold, NY 11971

By telephone or fax to:
T: 631-765-0200
F: 631-765-5264