Sommsation Privacy Policy

Sommsation Privacy Policy

This Privacy Policy (“ Policy”) discloses the privacy practices for Sommsation, LLC (“ Sommsation,” “ we,” “ our,” “ us”, or “ Company”) in connection with our online services which are made available to you through the website https://sommsation.com  (“ Site” or “ Platform”), which includes any applications, products or services we may offer to you (collectively, referred to as the “ Services”). This Policy only describes how Sommsation collects, uses, discloses, or processes certain information obtained through your use of our Platform and does not describe the practices of third parties that may collect information from you when you interact with them, including third parties that use the Platform to accept payment for and the delivery of goods or services.

Acceptance

This Policy is designed to be read in connection with the Site’s Terms of Service (“ Terms”), which is available here. By accessing or using our Platform, you agree to be bound by the Site’s Terms, as well as this Policy and any related policies associated with our Services. If you do not agree to our Terms or this Policy, you should not use the Platform.

Information We Collect and Maintain About You

We collect information from you directly when you voluntarily provide it to us through the Platform.  We may also automatically collect certain information about you when you use, access, or interact with our Platform.

Personal information provided directly by you
We collect personal information from the following categories of users when user voluntarily provide information:

Site users
If you access the Site and create a profile, we will collect information related to creating an account. This information may include name, phone number, email address, mailing address, a password that you choose, and any other information that you may provide. If you transact through the Platform, we will collect the billing information you provide, which may include your payment card information, such as your credit number and billing address (collectively “Billing Information”). 

 

We will also collect information relating to your preferences about products and Services on the Platform. This may include information relating to your browsing and purchase history (such as which wines or tasting experiences you browsed or purchased), as well as information you provide to us through other engagement tools from time to time. We may also collect information relating to your interactions with Sommeliers and through the Platform. 

 

You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Site for a period of time.

 

Please note, that you may use our Platform without creating an account with us, in which case we will only collect data based on your consent to our cookie policy that you may find in the 'Categories of personal data' section. However, you may be required to provide personal information to use certain features on the Platform. Such information includes, for example, your name, age and email address.

Sommeliers
If you are a Sommelier and wish to offer your professional services for wine tasting experiences through the Site, we will collect information relating to you creating an account with us. This information may include your name, phone number, email address, mailing address, and any information that you provide in your biography about yourself. We will also collect information about your interaction with the Site.

Automated Information
Our Platform automatically receives and records information from your browser or your mobile device when you visit the Site or use certain features available on the Site. This includes information such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically.

Cookies
We also use cookies on the Platform.  Cookies are small files that are stored on your mobile device or web browser through the Site.  A cookie allows the Platform to recognize whether you have visited us before and may store user preferences and other information.  For example, cookies can be used to collect or store information about your use of the Site during your current session and over time (including the pages you view and the files you download), your mobile device’s operating system, your device ID, and your general geographic location.

Pixel tags
A pixel tag (also known as a web beacon, clear GIF, pixel, or tag) is an image or a small string of code that may be placed in an advertisement, or email.  It allows companies to set or read cookies or transfer information to their servers when you load a webpage or interact with online content.  For example, we or our service providers may use pixel tags to determine whether you have interacted with a specific part of our Site, viewed a particular advertisement, or opened a specific email.  

SDKs
Our Platform may include third-party software development kits (“SDKs”) that allow us and our service providers to collect information about your activity.

Mobile advertising IDs
Some mobile devices come with a resettable advertising ID (such as Apple’s IDFA and Google’s Advertising ID) that, like cookies and pixel tags, allow us and our service providers to identify your mobile device over time for advertising purposes.

Third-party plugins
Our Platform may include plugins from other companies, including social media companies (e.g., the Facebook “Like” button).  These plugins may collect information, such as information about the pages you visit, and share it with the company that created the plugin even if you do not click on the plugin.  These third-party plugins are governed by the privacy policies and terms of the companies that created them.

Analytics Information
We use analytics software to ensure the Platform is functional and to continually improve our Services. Usage data and information as described in this Privacy Policy is automatically collected to engage in analysis, auditing, research, and reporting. These third parties may use pixels or server logs, and they may set and access your device ID or IP address from your device. In particular, the Site uses Google Analytics to help collect and analyze certain information for the purposes discussed above. You may opt out of the use of cookies by Google Analytics here.

Third-party online tracking
We may also partner with certain third parties to collect, analyze, and use some of the personal and other information described in this section. For example, we may allow third parties to set pixels and mobile advertising IDs through the Site. This information may be used for a variety of purposes, including Site analytics and interest-based advertising, as discussed below in the Section titled “How We Share Your Information”).

Aggregated or deidentified information
We may also share aggregated or deidentified information about users of the Services, such as by publishing a report on trends in the usage of the Site. We may also aggregate and share information relating to wine preferences and purchases. Such aggregated or deidentified information will not identify you personally.

How We Use and Process Your Information

Sommsation  uses the information that we collect for a variety of purposes.  Our legal bases for processing your personal information are: 1) our legitimate interest in running and maintaining our business; 2) performance and fulfillment of our contracts; 3) your consent; and 4) compliance with our legal obligations. In many instances, more than one of these legal bases apply to the processing of your personal information.

The primary purpose for which we collect information is to offer our Services by connecting Wineries and Sommeliers to you to offer products and services to you through the Platform. Other purposes for which we use your information include to:  

• Respond to your questions or requests concerning our Services; 
• Deliver confirmations, account information, notifications, and other communications related to our Services; 
• Send you information about our Services and other topics that are likely to be of interest to you, including newsletters, updates, or other communications, including promotional emails; 
• Improve your user experience and the quality of our products and Services; 
• Create new products and services or improving our existing Services; 
• Fulfill the terms of any agreement you have with us; 
• Fulfill your requests for our Services or otherwise complete a transaction that you initiate; 
• Aggregate and deidentify information; 
• Enable additional analytics and research concerning the Site;
• Improve our artificial intelligence and machine learning; 
• Comply with legal and/or regulatory requirements; and
• Manage our business.

We may link information gathered through the Site with information that we collect in other contexts.  But in that event, we will handle the combined information in a manner consistent with this Policy.

How We Use Your Information

We share your information with third parties for a limited number of purposes, as described below.

Information shared to enhance your experience with our Services
If you are a Site user, with your permission, we may share information about your wine preferences and purchase history with Wineries and Sommeliers regarding their Products and Services provided on our Platform. We do this to enhance your experience with our Services by personalizing the products that are able to offer you. You may also choose to share information about your wine preferences (or other personal information) directly with our Staff, Wineries and/or Sommeliers with whom you make purchases with through the Platform.

If you are a Winery or Sommelier, with your permission, we may advertise your products to Platform users based on how well their preferences align with your offerings. You may also choose to share information about your products (or other information) to Platform users directly as part of offering your products.

Third-party service providers
Sommsation uses third-party service providers that perform services on our behalf, including web-hosting companies, mailing vendors, and analytics providers. These service providers may collect and/or use your information, including information that identifies you personally, to assist us in achieving the purposes discussed above. [Third parties may use pixels or server logs, and they may set and access device IDs from your device.]

We may share your information with other third parties when necessary to fulfill your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.

Interest-based Advertising
The Services also enable third-party tracking mechanisms to collect information about you and your computing devices for use in online interest-based advertising. For example, third parties, such as Facebook, may use the fact that you visited our Site to target online ads to you about our Services.  In addition, our third-party advertising networks might use information about your use of our Services to help target advertisements based on your web activity in general. The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy.   For information about interest-based advertising practices, including privacy, confidentiality, and opting out, please visit the Network Advertising Initiative website or the Digital Advertising Alliance website.

Additionally, you can opt-out of interest-based by adjusting the advertising preferences on your mobile device (for example, in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking, and in Android, visit Settings > Google > Ads > Opt out of interest-based ads).  

Legal purposes
We also may use or share your information with third parties when we believe, in our sole discretion, that doing so is necessary to:

• Comply with applicable law or a court order, subpoena, or other legal process; 
• Investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party; 
• Establish, protect, or exercise our legal rights or defend against legal claims; or  
• Facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.  

Privacy Rights and Choices

Depending on your jurisdiction, you may have the following rights available to you with regards to your personal information. These rights may include:

• The right to be informed about our data collection practices;
• The right to access and rectify your data;
• The right to erase or delete your data;
• The right to data portability;
• The right to restrict and object to the processing of your data (including for direct marketing purposes); 
• The right to opt-out of sale of your data (to the extent applicable);
• The right to opt-out of marketing emails and text messages; 
• The right to limit our use of any automated decision-making processes; 
• The right to complain to your local data protection authority; and 
• The right to withdraw consent (to the extent applicable). 

To exercise your rights or if you have any privacy-related questions or comments related to this Privacy Statement, please send an email to privacy@sommsation.com.

Age

The Platform is intended for use by adults of legal drinking age in the jurisdiction in which you reside.  We do not knowingly or intentionally collect personal data from children or minors or those under the legal drinking age of 21 in the United States.  If we receive notice or reasonably believe that someone under the legal drinking age has provided us with personal information, we will promptly delete the account and all personal information that has been provided to us.

Sommsation adheres to the Children’s Online Privacy Protection Act (“COPPA”) and will not knowingly collect personal information from any child under the age of 13. We request that minors under the age of 13 not submit any personal information to us. If a child under the age of 13 has provided us with personal information, the parent or guardian of that child may contact us a request such information be deleted from our records. 

External Links

Our Platform may contain links to third-party websites or services.  If you use these links, you will leave the Platform.   We have not reviewed these third-party sites and do not control and are not responsible for any of these sites, their content, or their privacy policy.  Thus, we do not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them.  If you decide to access any of the third-party sites listed on or communicated through our Platform, you do so at your own risk.

Data Security

We undertake commercially reasonable efforts to prevent unauthorized access to user data retained on our servers. We employ physical, technical, and administrative procedures to safeguard the personal information we collect online.  However, no web site or mobile application is 100% secure, and we cannot ensure or warrant the security of any information you transmit to the Site or to us, and you transmit such information at your own risk. Please note that we will not be liable for any disclosure of your data due to errors or unauthorized acts of third parties.

Data Retention

We retain personal information about you necessary to fulfill the purpose for which that information was collected or as required or permitted by law.   We do not retain personal information longer than is necessary for us to achieve the purposes for which we collected it.

International Users

The information that we collect through or in connection with the Site is transferred to and processed in the United States for the purposes described above.   We may also subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence.  By using the Site or by providing any information to us, you expressly consent to such transfer and processing.

Changes to this Policy

We reserve the right to make changes to the Privacy Policy from time to time, at our discretion. We  will post all such changes on our Site. Your continued use of the Platform or our Services after such change demonstrates acceptance to those changes.

How to Contact Us

Should you have any questions or concerns about this Policy, please contact us by email at privacy@sommsation.com.