Postino Wine Cult Privacy Policy

Last Updated: November 12, 2021

Upward Projects Holdings, LLC (“we”, us”, or “Upward Projects”) respects your privacy and is committed to protecting it.  This privacy policy (“Privacy Policy”) describes the information we collect from or about you during any written, electronic, and oral communications, whether collected online or offline, including in restaurant and store locations. It describes how we use and share that information and describes the steps we take to protect your privacy.

PLEASE READ THIS PAGE CAREFULLY, AS BY USING OR ACCESSING WWW.POSTINOWINECULT.COM AND ANY OTHER WEBSITES OR APPLICATIONS OWNED OR OPERATED BY UPWARD PROJECTS OR PRODUCTS THAT DIRECT THE VIEWER OR USER TO THIS STATEMENT (COLLECTIVELY, THE “SITE”) YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OR SERVICES.

Please note that the Site may contain links to third-party websites, such as delivery services and social media pages, and other digital properties. These links are intended for your convenience only. These third-party websites and services are not related to Upward Projects and may have separate privacy policies and data collection practices. We have no responsibility for these websites or their privacy practices and encourage users to read the privacy policies of all websites they visit. This Privacy Policy applies only to our collection and use of the information we collect, it does not apply to third-party websites or mobile apps. We will only use your personal information as described in this Privacy Policy.

We may periodically change this Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms.

1. INFORMATION WE COLLECT

We collect personal information when you interact with the Site, provide personal information to us directly or indirectly via third party sources (including social media platforms, online employment applications, mobile applications, and Wine Cult registration), and provide to us through other channels, such as over the phone, via email, or in person.  The types of personal information that we collect about you may include, without limitation, your name, phone number, email address, restaurant location preferences, menu item preferences, and other information that relates to you, identifies you personally, or could be used to identify you.  This includes information collected automatically about your use of our Site, information from third parties, and information received from other sources to help us supplement our records, improve the personalization of our service to you, and to detect fraud.

In addition to personal information you may provide to us directly, when you interact with any Upward Projects page or account on a social media platform, we may collect the personal information that you or the platform make available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service. The information we obtain depends on your privacy settings on the applicable social media service. We comply with the privacy policies of the social media platform and will only collect and store such personal information in accordance with the privacy policies of those social media platforms. When you access the Site or our services through social media channels or when you connect the Site to social media services, you are authorizing us to collect, store, and use such information and content in accordance with this Privacy Policy.

We may also automatically collect certain information about your equipment, browsing actions and patterns as you navigate through and interact with the Site. This may include: the type of browser or device operating system you use, the domain name of the website from which you linked to the Site, the amount of time you spend on the Site and the pages on the Site that you view.

We or our third-party service providers may collect geolocation data from your mobile device.  You may choose to “Opt-Out” of this functionality by turning off this preference in your device’s applicable settings (please see Section 7 (Communication Preferences) below for more detailed information). If you choose to opt out of location collection, certain functionality of the Site may not be available. We may use and share your mobile device’s geolocation together with personal information or other information to identify your local Postino restaurant, to provide you with personalized notifications or messaging by email, push notification, online or in-app advertising, or by other means described in this Privacy Policy.

We may aggregate information collected from our users (such as the number of users in a particular region or having particular characteristics).

Please note that we may use cameras in our restaurant locations to keep employees and customers safe and to look for ways to improve our guest experience. We do not use these cameras to identify people except when necessary for security purposes.

2. COOKIES AND OTHER SIMILAR TECHNOLOGIES

We use cookies, embedded scripts, google analytics and tag manager, software development kits, pixels, and similar technologies to operate our website and to help collect data.

Cookies are small text files placed on your device to store data that can be recalled by a web server in the same domain that placed the cookie. The text in a cookie often consists of a string of numbers and letters that uniquely identifies your device, but it can contain other information as well.

We also may use these technologies to collect information about your online activities over time and across third party websites or other online services.  We use such technologies on our Site to track your visits and activity, combat fraud, analyze how our services perform, improve our services, and fulfill other legitimate business purposes.

Some newer web browsers have the ability to send a “Do Not Track” signal to the websites you visit to indicate that you do not want your activity to be tracked. At this time, www.postinowinecult.com processes and responds to Do Not Track signals; however, other portions or the Site do not process or respond to Do Not Track signals at this time.

3. HOW WE USE YOUR PERSONAL INFORMATION

We will only use your personal information for business and commercial purposes.  This includes, without limitation:

  • to improve the Site and/or our services;
  • to communicate with you, including to update you with any changes to our Site or terms, responding to your questions or other requests, sending you notifications, updating you about new Site features and restaurant updates;
  • provide the services and products to you, including to tailor marketing communications to you, tailoring your experience on the Site or services and/or otherwise customizing what you see when you visit a restaurant and/or use the Site;
  • to administer and manage loyalty, reward and wine programs and fulfill your requests;
  • to facilitate your entry into sweepstakes and promotions and communicate with you regarding such entries, as applicable;
  • to perform customer service functions;
  • protecting you, others and our business, including, without limitation, for security and fraud prevention;
  • for marketing and promotional purposes;
  • to perform Site analytics;
  • to enforce our TERMS or this Privacy Policy;
  • validate your address;
  • comply with applicable law; or
  • otherwise with your consent.
 

4. DISCLOSURE OF PERSONAL INFORMATION

We take your privacy seriously and do not disclose your personal information to third parties except to the extent necessary to provide the services and/or products to you. This includes: to a buyer or other successor in interest; with our subsidiaries and affiliates in order to provide you with the Site or services; to take actions based on your request; for the purpose of employment analysis and other management and analysis; when such disclosure is appropriate, in our reasonable opinion, to comply with the law, a court order, or a subpoena; or otherwise as approved by you. We also may share personal information with third-party service providers who perform services for or on our behalf based on our instructions, including, to provide backend services, conduct analysis, and engage in consumer research. We do not authorize these third-party service providers to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements. Additionally, we may disclose your personal information to prevent or investigate a possible crime, such as fraud or identity theft, to protect the security of this Site, to enforce or apply our online TERMS or other agreements, or to protect our own rights or property or the rights, property or safety of our users or others.  Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.

5. DATA SECURITY

We have implemented appropriate physical, electronic, and administrative measures designed to secure the personal information that you provide us from accidental loss and from unauthorized access, use, alteration, and disclosure.

6. RETENTION

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy, this includes to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Upward Projects will also retain Site and services usage data for internal analysis purposes.

7. COMMUNICATION PREFERENCES

We may send you communications related to your transactions, security, or the administration of this Site. We may also send you other messages or updates about Upward Projects, our Site, our services, our mobile application, and promotions or other activities. If you do not wish to receive non-transaction/security related communications from Upward Projects, you may opt-out by clicking the “unsubscribe” link in the communication or contact us where specified in the “Contact Us” section, below.  Where our mobile applications allow for the delivery of “push notifications” you can also opt out of receiving these notifications by toggling the “Notifications” switches within our mobile applications to “off.”

In addition, as it relates to geolocation data, most mobile devices allow you to control whether a website or mobile application is allowed to collect your specific geolocation information. For example, Google and Apple provide the following links to instructions on how users can disable location services:

 

Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.

Some of the third parties that display our ads on their services may provide you with additional choices to opt out of targeted advertising. For example, social media providers may allow you to control your advertising preferences directly through their services. Please review the privacy policies of the third-party services you use for more information.

Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings. Additionally, you should be aware that any information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.

8. CHILDREN’S PRIVACY

None of our services, products, or this Site are intended for use by anyone under the age of 13. If you are a parent or a guardian and believe we may have collected information about your child, please contact us immediately as described in the “Contact Us” section of this Privacy Policy. For more information, please see our TERMS.

9. FOR CALIFORNIA RESIDENTS

This section supplements the other sections of the Privacy Policy as it relates to California residents.  We have adopted this section in accordance with the notice requirements for California residents under the California Consumer Privacy Act of 2018, as amended (“CCPA”), and any terms used in this section, but not otherwise defined, shall have the meaning assigned to it in the CCPA (see California Civil Code § 1798.140 (o)).

In the preceding twelve months we may have generally collected the following categories of Personal Information about your when you use our Site and/or services:

  • Identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices.
  • Protected classifications, such as age, sex, marital status.
  • Internet or other electronic information, including browsing history, search history, information regarding your interaction with the Site, click-stream data, geographic preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information.
  • Geolocation data, to the extent you have configured your device to permit us to collect such information or have otherwise provided such information to us.
  • Professional, education-related (in relation to employment applications), or employment information.
  • Inferences about your preferences, characteristics, behavior, and attitudes.
  • Commercial information such as records of products or services purchased, obtained, or considered by you.
  • Internet or network activity, such as browsing history, search history, information regarding a consumer’s interaction with a website, application, or advertisement, links clicked, pages viewed, and time spent on pages, mobile network and operating system, browser and operating system, and other applications installed.
  • Other categories of Personal Information that you voluntarily provide to us as part of or in furtherance of the services.
 

We do not sell your Personal Information; however, we may disclose certain Personal Information to third parties for business purposes. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected. For more information about the Personal Information we collect and how we collect it, please refer to Sections 1-4, above.

In addition to sharing the above listed information with third parties for business purposes, we may disclose any or all of the data above with external legal counsel as deemed necessary in the event of litigation or other legal related matters.

You have the following rights under the CCPA:

  • The right to know about the Personal Information we collect about you and how it is used and shared. Specifically, you may request that we disclose:
  • The categories of Personal Information we collect;
  • Specific pieces of Personal Information we collect;
  • The categories of sources from which we collect Personal Information;
  • The purposes for which we use the Personal Information;
  • The categories of third parties with whom we share the Personal Information; and/or
  • The categories of Personal Information that we sell or disclose to third parties;
  • The right to delete Personal Information collected from or about you in the 12-month period preceding your request (with some exceptions);
  • The right to opt-out of the sale of your Personal Information;
  • The right to not be discriminated against for exercising your CCPA rights.  Upward Projects will not discriminate against you because you exercise your rights; and
  • Pursuant to CCPA § 1789.83, the right to request certain information regarding our disclosure of Personal Information to other parties for their direct marketing purposes, a “Shine the Light Request”.
 

To make such a request, please call us at 1-602-246-7555 or write us at:

Upward Projects Holdings, LLC

Attn: Senior Director of Technology

RE: CCPA

3443 N. Central Ave

Phoenix, AZ 85012

OR

info@upwardprojects.com

In order to exercise your rights, we must verify your identity.  As such, you must provide us with, at a minimum, three pieces of identifying information such as name, address, email address and phone number(s) (which must match the Personal Information we have previously obtained from/about you). In your request, you must specify that you want an “Upward Projects California Privacy Rights Notice”. Please allow 45 days for a response.

We will never charge you for exercising your rights under the CCPA. You may make such a request once in a 12-month span. Please note that there are circumstances in which we may not be able to comply with your request pursuant to the CCPA, including when we cannot verify your request and/or when there is a conflict with our own obligations to comply with other legal or regulatory requirements. We will notify you following submission of your request if this is the case.

Please note that if you request the deletion of your Personal Information or otherwise opt out, we may not be able to deliver certain parts of the services, such as Wine Cult, delivery, promotions, and sweepstakes. We will make this clear at the point of opt-out so that you can make an informed decision.

10. CONTACT US

We welcome your questions, comments, and concerns about privacy. You can contact us by 1-602-246-7555 or write us at:

Upward Projects Holdings, LLC

Attn: Senior Director of Technology

RE: Privacy Policy

3443 N. Central Ave

Phoenix, AZ 85012

privacy@upwardprojects.com

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