Privacy Policy & Terms and Conditions

 

  1. INTRODUCTION

Here at BevLive, Inc. (“BevLive”, “we”, “us”, “our”), we market domestic wineries on BevLive.com (the “Website”), connecting you to unique wines and wineries. BevLive does not sell, offer to sell or solicit sales of alcohol. Our services enable you to search online for alcohol and other products available for sale by licensed wineries (the “Winery(ies)”) that have agreed to use BevLive’s platform. We partner with Stripe, Inc. to provide a seamless checkout process, which allows you to buy straight from the Winery with the Winery will handling fulfillment.

PRIVACY POLICY

This privacy policy (“Privacy Policy”) outlines the ways in which BevLive collects, uses and shares your information. It applies to information we may collect about you when you access or use the Website or mobile application (the “Application”), purchase our products or services (the “Products”) or communicate with us in any way, e.g., email, telephone or in person.

Please read this Privacy Policy carefully. Your privacy is important to us and we want you to understand how and why we collect, use and share your information. If you have any questions regarding this Privacy Policy, please feel free to contact us at privacy@bevlive.com

BY ACCESSING AND/OR USING THE WEBSITE, APPLICATION AND/OR PRODUCTS OR BY COMMUNICATING WITH US IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY.

INFORMATION COLLECTION AND USE

We may collect information about you in three ways—directly from you, automatically when you access or use the Website or Application and from third parties. This information allows us to serve you in a number of ways, for example, by providing the Website and Application to you, enabling Wineries to fulfill an order you have placed and responding to your inquiries.

Here are a few examples of ways we may collect information directly from you:

Order Placement. When you register with us, you provide us with your name, email address, shipping and billing addresses, phone number, certain credit card information (type, expiration date and last four digits), your birthday and your order details. We may use this information to process payment, enable the Wineries to fulfill your order, send you marketing communications and ensure that your order complies with all applicable laws, e.g., we do not sell or promote wine to persons under 21 years of age.

Communications with Customer Service Agents. When you reach out to our customer service team, your written communications with our customer service agents, e.g., email and live chat, are stored and your phone communications with our customer service agents could be recorded. We may use this information to assist us in resolving your inquiries and to help us serve you better in the future.

Comments on the Website and Application. When you post on the Website or Application, e.g., provide comments, join groups or rate wines, your posts are available to us. We may use this information to assist us in resolving your inquiries, generate appropriate wine recommendations for you and improve your customer experience.

There are many ways that we may collect information automatically when you access or use the Website and Application including:

Browsing Activities. When you access or use the Website or Application, we may collect information about your browsing activities, including the pages you viewed, the links you clicked and page response time and download errors. We may use this information to optimize the Website and Application and improve your customer experience.

Device Information. When you access or use the Website or Application, we may collect information about your web browser, device and operating system. Like the browsing activity information described above, we may use this information to optimize the Website and Application and improve your customer experience.

Here are a few examples of ways we may collect information from third parties:

Social Media Accounts. When you log into the Website or Application from a social media account, we may use information from that account to auto-populate your BevLive customer profile. For example, instead of asking you to provide your personal information we may auto-fill the “name” field with the name you have used in your social media profile. We may also collect your contacts for purposes of connecting you with friends, who are also BevLive customers, on the Website and Application.

Here are some examples of additional information we may collect directly from you or from third parties automatically when you use or access the Website or Application:

Here are some examples of additional ways we may use your information:

We may share information about you in the following ways:

With your consent. In some cases, we will get your permission before we share your information. For example, we may ask for permission in writing, in person or on the phone, through online “click-through” agreements, when you accept the terms and conditions of the Website and Application or by other means.

In a business transfer. We may share your information as part of a corporate business transaction, such as a sale, merger, consolidation, change in control, transfer of assets, acquisition, joint venture, corporate reorganization, financing or liquidation or in the unlikely event of insolvency, bankruptcy or receivership.

With service providers. We may share your information with service providers, i.e., third parties who perform services on our behalf, such as payment processing, compliance checks, billing, shipping, auditing, marketing and customer service.

With business partners. We may share your information with business partners, i.e., third parties with whom we’ve entered into business relationships or partnerships. We allow some of these business partners to place cookies or pixels on the Website, which provide them with information regarding your activities on the Website or Application, including whether or not you’ve placed an order in response to an advertisement hosted by the business partner and whether you’ve used a promotion, discount or voucher to place that order.

For legal reasons. We may share your information for purposes of complying with a law, regulation, subpoena, audit or other government investigation or request. We may also share your information for purposes of enforcing our legal rights, e.g., to enforce our agreements, collect outstanding debts, protect our property rights or prevent fraud and abuse.

INFORMATION SECURITY

The security of your information is important to us and we take commercially reasonable steps to make sure your information is protected. Although no system can guarantee the complete security of your information, we use our best efforts to maintain commercially reasonable technical, organizational and physical safeguards, consistent with applicable law, to protect your information.

INFORMATION RETENTION

We keep your information for as long as we need to in light of the purposes for which it was collected, our business needs and our legal and regulatory obligations. We may store some information indefinitely, including after your relationship with us has ended. If we dispose of your information, we will do so in a way that is secure and appropriate to the nature of the information we are disposing.

THIRD PARTY TECHNOLOGY

Third party cookies/“Do Not Track.” As explained above, we allow some of our business partners to place cookies or pixels on the Website that track certain of your activities on the Website and Application. Some browsers support a “Do Not Track” feature, which is intended to signal to websites that you do not wish to be tracked. Unless otherwise required by law, the Website and Application do not change the way they operate based upon detection of a “Do Not Track” signal.

Third party links and websites. The Website and Application may also contain links to third-party websites. These websites are not governed by our Privacy Policy, which applies as described above. We encourage you to read the privacy policies and notices provided by any third-party websites you visit.

Social media. You may choose to connect to us through a social media platform, such as Facebook, Twitter, Google or Instagram. Please be advised that these social media platforms may collect information from you. When you click on a social plug-in, such as Facebook’s “Like” button or Twitter’s “tweet” button, that particular social network’s plugin is activated and your browser is directly connected to that provider’s servers. We do not have control over the collection, use and sharing practices of social media platforms. We encourage you to review their usage and disclosure policies and practices, including their data security practices, before using the social media platforms.

MINORS

The Website, Application and Products are not intended for children or any persons under the age of 21. We do not knowingly collect information, including personal information as defined by applicable law, from children or any persons under the age of 21.

YOUR CALIFORNIA RIGHTS

If you are a California resident, you have certain rights under California law.

California Consumer Privacy Act (“CCPA”)

The CCPA requires that we provide California residents with certain legal notices about the ways we collect, use, “sell” and disclose their personal information. These legal notices are set forth below.

The CCPA defines “sale” and “sell” broadly to include a number of information sharing practices, including the practices discussed in the “INFORMATION SHARING” section of this Privacy Policy. All of the ways in which we share, “sell” or otherwise disclose your personal information are discussed in the “INFORMATION SHARING” section of this Privacy Policy. We do not engage in any other information sharing practices—e.g., selling your name, email address or phone number to unaffiliated third parties for money.

The CCPA also defines “personal information” broadly to include any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Notice of Collection. We have collected the following categories of personal information about California residents over the last twelve (12) months.

Categories of Information We Collect How Do We Collect It? Purpose for Collection Do We Share It?
Identifiers and personal information collected under California Civil Code §1798.80, such as name, email address, phone number, birthday or other similar identifiers. We collect this information directly from you, automatically when you access or use the Website or Application, and from third parties. We collect this information to facilitate your access and use of the Website and Application and purchase of the Products, to assist in communicating with you and resolving your inquiries and to ensure compliance with laws and regulations. We may share this information with related entities, service providers and business partners.
Commercial information, such as account balance, order history, customer service contacts or other purchasing or consuming histories or tendencies. We collect this information directly from you, automatically when you access or use the Website or Application, and from third parties. We collect this information to facilitate your access and use of the Website and Application and purchase of our Products, to assist in communicating with you and resolving your inquiries and to ensure compliance with laws and regulations. We may share this information with related entities, service providers and business partners.
Internet or other electronic network activity information, such as browsing history, commenting history or other interactions with the Website or Application. We collect this information directly from you, automatically when you access or use the Website or Application, and from third parties. We collect this information to better understand how individuals access and use the Website and Application, to optimize the performance of the Website and Application and to improve your customer experience. We may share this information with related entities, service providers and business partners.
Inferences drawn from the above information, such as wine preferences. We generate this information internally and collect it from third parties. We collect this information to better serve you through accurate Product recommendations, helpful communications and to improve your customer experience. We may share this information with related entities, service providers and business partners.

Notice of “Sale.” We have “sold” the following categories of personal information about California residents over the last twelve (12) months: identifiers and personal information collected under California Civil Code § 1798.80, commercial information, Internet or other electronic network activity information and inferences drawn from the aforementioned information.

Notice of Disclosure for a Business Purpose. We have disclosed for a business purpose the following categories of personal information about California residents over the last twelve (12) months: identifiers and personal information collected under California Civil Code § 1798.80, commercial information, Internet or other electronic network activity information and inferences drawn from the aforementioned information.

Notice of “Sale” of Minors’ Information. We do not knowingly collect or sell the personal information of minors under 16 years of age.

The CCPA also grants California residents certain rights related to their personal information, including the right to know (“Right to Know”) how we collect, use and share personal information, the right to delete ( “Right to Delete”) certain personal information, and the right to opt out (“Right to Opt Out”) of certain personal information sharing practices. These rights are described below.

Right to Know. As a California resident, you have the Right to Know:

To submit a Right to Know request, email us at privacy@bevlive.com

In order to ensure that your information is not disclosed to unauthorized parties, and to protect against fraud, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods, including, but not limited to, requesting additional information from you and requiring you to sign a declaration under penalty of perjury.

Right to Delete. As a California resident, you may have the Right to Delete certain information we’ve collected about you. We are permitted, however, to retain information necessary to complete the transaction for which the information was collected, detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, identify and repair errors and for various other reasons listed in CCPA § 1798.105(d).

To submit a Right to Delete request, email us at privacy@bevlive.com

In order to ensure that we do not inadvertently delete your information based on a fraudulent request, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information you would like to delete, we may also utilize more stringent verification methods, including but not limited to requesting additional information from you.

Right to Opt-Out. As a California resident, you have the Right to Opt Out of the sale of your personal information.

To submit a Right to Opt Out request, complete the form on the Website labeled “Do Not Sell or Share My Personal Information.”

We will not discriminate against you in any way if you choose to exercise your rights under the CCPA.

California Direct Marketing

California Civil Code § 1798.83 permits you to request information regarding the disclosure of your information by BevLive to third parties for their direct marketing purposes. Note that BevLive’s responses to these requests will be duplicative of and more limited than its responses to Right to Know requests under the CCPA (described above). To make such a request, please send an email to privacy@bevlive.com with the subject line, “CALIFORNIA DIRECT MARKETING REQUEST,” or write us at 917 E. Willowbrook Drive SE, Huntsville, Alabama 35802; Attn: General Counsel.

California Minors

Persons under the age of 21 are not permitted to access or use the Website, Application or Products. If you are a California resident under the age of 21 and have nonetheless accessed and used the Application or Website in violation of applicable laws and company policy, California Business and Professions Code § 22581 permits you to request and obtain removal of content or information you have publicly posted on the Application or Website. To make such a request, please send an email with a detailed description of the specific content or information to privacy@bevlive.com with the subject line, “CALIFORNIA MINOR CONTENT REMOVAL REQUEST.” Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted even if requested.

CHANGES TO OUR PRIVACY POLICY

We may change this Privacy Policy from time to time. Any and all changes to our Privacy Policy will be reflected on this page, and where appropriate provided in person or by another electronic method. The effective date will be stated at the top of the Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. You should regularly check this page for any changes to our Privacy Policy.

YOUR CONTINUED USE, ACCESS OR INTERACTION WITH THE WEBSITE, APPLICATION OR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THE UPDATED PRIVACY POLICY HAS BEEN POSTED WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY.

Contact Us

If you have questions about this Privacy Policy, please feel free to email us at privacy@bevlive.com.

Terms & Conditions

PLEASE NOTE THAT YOUR USE OF THE WEBSITE OR APPLICATION IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE OR APPLICATION OR ANY INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE OR APPLICATION. YOUR USE OF THE WEBSITE OR APPLICATION SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH AND EVERY TERM SET FORTH BELOW. THESE TERMS AND CONDITIONS MAY BE UPDATED BY BEVLIVE FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE WEBSITE OR APPLICATION INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THESE TERMS AND CONDITIONS.

General Terms

SHIPPING AND RETURN

We are not a delivery company or a common carrier. The delivery of your order will be facilitated by the Winery or a delivery service utilized by the Winery. We do not employ, select or supervise any delivery drivers. We do not guarantee shipping or delivery times and are not liable for the actions, omissions, products or content of the Wineries or any delivery driver or service.

Your payment is processed through Stripe, Inc.: https://stripe.com/.

Your payment is made one hundred percent (100%) to the Winery who then pays us a nominal fee for use of the Website, Application and the services that we provide.

PROMOTIONS

Any BevLive promotions, discounts or vouchers are single-use only and not to be used in conjunction with any other promotion, discount or voucher, unless otherwise stated.

USER GENERATED CONTENT

If you post a comment on any of the public areas around the Website or Application or provide a product review or rating (collectively, “User Content”), your comments will be in the public domain and therefore will be visible to anyone who visits the Website or Application. Therefore, please do not say anything embarrassing, obscene or tasteless. We may, but shall not be obligated to, review, monitor and remove User Content, at our sole discretion and at any time and for any reason, without notice to you.

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on the  Website or Application by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of BevLive. BevLive neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Website or Application by anyone.

DISCLAIMER OF WARRANTIES

Although we make every effort to ensure that the information on the Website or Application is accurate, reliable and current, BevLive provides the Website and Application, and each of their contents, on an “as is” basis and makes no, and expressly disclaims all, representations and warranties of any kind with respect to the Website, Application and each of their contents. We do not warrant (i) that your use of the Website or Application, the operation or function of the Website or Application, any component thereof or any Products offered in connection therewith will be uninterrupted or error free; (ii) that defects therewith will be corrected; or (iii) that the Website, its server or the Application is free of viruses or other harmful elements.

Your use of the Website or Application is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the Website or Application. BevLive and the Wineries make no representations about the suitability, reliability, availability, timeliness and accuracy of the Website or Application. The Website’s and Application’s contents are provided “as is” and “as available” without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights or fitness for any particular purpose.

We do not guarantee the quality, suitability, safety or ability of any third party. You agree that the entire risk arising out of your use of the Website, Application or Products remains solely with you to the maximum extent permitted under applicable law. We do not control, manage or direct any third-party providers including, but not limited to, the Wineries, delivery services and delivery drivers. Third-party providers are not actual agents, apparent agents, ostensible agents or employees of BevLive.

LIMITATION OF LIABILITY

Your use of the Website or Application is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the Website or Application. BevLive and the Wineries make no representations about the suitability, reliability, availability, timeliness and accuracy of the Website or Application. In no event shall BevLive,  and/or its Wineries, directors, officers, employees, agents or other representatives be liable for any indirect, punitive, incidental, special or consequential damages, or any damages whatsoever, including, without limitation, damages for:

If you are dissatisfied with any portion of the Website or Application, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website and Application. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies.

BevLive shall be excused from performance under these Terms and Conditions if we are prevented, forbidden or delayed from performing, or omitted to perform, any act or requirement by reason of: (a) any provision of any present or future law or regulation or order of the United States of America or any state thereof, (b) any act or omission of a third party or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of BevLive.

The Terms and Conditions, the Privacy Policy and Introduction compromise the entire agreement (the “Agreement”) between you and BevLive. These Terms and Conditions are personal to you, and you may not transfer, assign, or delegate the Terms and Conditions without prior written approval from BevLive.

DISPUTES

Any dispute or claim relating in any way to your use of the Website, Application or Products will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of the Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to BevLive c/o 917 E. Willowbrook Driver SE, Huntsville, Alabama 35802. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, BevLive will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

The laws of the State of Delaware shall govern the Agreement to the extent not preempted by the Federal Arbitration Act. The state and federal courts located in the State of Delaware shall have jurisdiction over all claims or disputes that are not subject to arbitration. Solicitations, offers, advertisements and communications are void where prohibited.

You must comply with any local, state or national laws applicable to your use of the Website, Application and Products, such as rules and regulations regarding the sale, service, transportation, import, shipment or delivery of alcoholic beverages. You must comply with all applicable United States or other export and re-export restrictions.

HAVE SOME QUESTIONS?

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Reach out for more info

info@bevlive.com

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