PRIVACY POLICY

Effective: January 1, 2020

Contents

INTRODUCTION

This Privacy Policy outlines the ways in which Nakedwines.com, Inc. ("Nakedwines.com", "we", "us", "our") collects, uses and shares your information. It applies to information we may collect about you when you access or use our website, us.nakedwines.com (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 usprivacy@nakedwines.com.

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

Return to top

INFORMATION COLLECTION AND USE

We may collect information about you in three ways — directly from you, automatically when you access or use our 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, fulfilling an order you've placed and responding to your inquiries.

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

Order Placement. When you place an order 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, fulfill your order and ensure that your order complies with all applicable laws, e.g., we don't sell wine to persons under 21 years of age.

Angel Sign-Up. When you sign up to be an Angel, you provide us with your name, email address, shipping and billing addresses, phone number and certain credit card information (type, expiration date and last four digits). We may use this information to process your Angel contributions, keep you informed regarding our products and promotions and ensure you have access to all of our Angel program benefits.

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 are sometimes 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 our Website and Application. When you post on our 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.

Here are a few examples of ways we may collect information automatically when you access or use our Website and Application:

Browsing Activities. When you access or use our 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 our Website and Application and improve your customer experience.

Device Information. When you access or use our Website and 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 our Website and Application and improve your customer experience.

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

Business Partners. When you shop with certain of our business partners, those partners (depending on their own privacy policies and data sharing practices) may provide us with certain contact information for you, such as your email address.

Social Media Accounts. When you log into our Website or Application from a social media account, we may use information from that account to auto-populate your Nakedwines.com customer profile. For example, instead of asking you to provide your name, we may auto-fill the "name" field with the name you've used in your social media profile.

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

  • Your account balance;
  • Your transaction, membership, order, refund and voucher redemption histories;
  • Links to your social media pages;
  • Certain of your IP addresses; and
  • Persons you've invited to try our Website, Application or Products.

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

  • Creating and managing your account, orders and subscriptions;
  • Operating, evaluating and improving our Website, Application and Products;
  • Operating, evaluating and improving our business;
  • Complying with laws, regulations and other legal requirements;
  • Complying with relevant industry standards;
  • Complying with our policies;
  • Protecting you, ourselves and other users against unlawful activity, including identity theft and fraud;
  • Protecting and enforcing your rights, our rights and other users' rights under any agreements we've entered into with you, other users or third parties;
  • Maintaining the security of our Website, Application and Products;
  • Providing you with information and advertisements about products, services and promotions, from us or third parties, that may interest you; and
  • Facilitating other marketing activities, for example, compensating third parties who refer you to our Website and Application.
Return to top

INFORMATION SHARING

We may share information about you in the following ways:

With your consent. In some cases, we'll 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 our Application and Website 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 related entities, i.e., our parent companies, companies under the control of our parent companies and our subsidiaries. We may share your information with other companies in the Naked family, including our parent companies — e.g., Naked Wines PLC and Naked Wines International Ltd. — and companies under the control of our parent companies — e.g., www.nakedwines.com Limited and Naked Wines Australia (Pty) Ltd.

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 our site, 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, whether you've used a voucher to place that order and whether you've signed up to become an Angel.

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.

Return to top

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.

Return to top

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.

Return to top

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 our site that track certain of your activities on our 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, our Website and Application do not change the way they operate based upon detection of a "Do Not Track" signal.

Third party links and websites. Our 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.

Return to top

MINORS

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

Return to top

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 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 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.
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 our Website or Application. We collect this information directly from you and 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 and 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 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 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 how we collect, use and share personal information, the Right to Delete certain personal information, and the 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:

  • The categories of your personal information we've collected;
  • The categories of sources from which we've collected your personal information;
  • The categories of your personal information we've shared, sold, or disclosed for a business purpose;
  • The categories of third parties with whom we've shared your personal information or to whom we've sold your personal information or disclosed your personal information for a business purpose;
  • Our business or commercial purpose for collecting or selling your personal information; and The specific pieces of your personal information we've collected.

To submit a Right to Know request, you may click here, click here, or call us toll-free at 1-800-813-4882. You may also designate an authorized agent to submit a Right to Know request on your behalf by clicking here or calling us toll-free at 1-800-813-4882.

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, you may click here, click here, or call us toll-free at 1-800-813-4882. You may also designate an authorized agent to submit a Right to Delete request on your behalf by clicking here or calling us toll-free at 1-800-813-4882.

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, you may click here, click here, or call us toll-free at 1-800-813-4882. You may also designate an authorized agent to submit a Right to Opt Out request on your behalf by clicking here or calling toll-free at 1-800-813-4882.

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 Nakedwines.com to third parties for their direct marketing purposes. Note that Nakedwines.com'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 usprivacy@nakedwines.com with the subject line, "CALIFORNIA DIRECT MARKETING REQUEST," or write us at:

CALIFORNIA DIRECT MARKETING REQUEST

Attn: General Counsel

P.O. Box 2760

Napa, California, 94558

California Minors

Persons under the age of 18 are not permitted to access or use our Website, Application or Products. If you are a California resident under the age of 18 and have nonetheless accessed and used our Applications or Websites 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 any of our Applications or Websites. To make such a request, please send an email with a detailed description of the specific content or information to usprivacy@nakedwines.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 and there may be circumstances in which the law does not require or allow removal even if requested.

Return to top

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.

Return to top

CONTACT US

If you have questions about this Privacy Policy, please feel free to email us at usprivacy@nakedwines.com or call us toll-free at 1-800-813-4882.

Return to top