Privacy Policy

 

Privacy Statement

Effective Date: July 21, 2021

This Privacy Statement (this “Statement”) describes the type of information that Evolution, Ltd. (“Evolution,” “we,” “us,” or “our”) collects through your use of our website, <https://evolutionwine.com> (collectively, the “Website”). This Statement does not apply to information collected about you through any other means.

This Statement covers:

  • What Personal Information is collected by Evolution through the Website.
  • How Evolution uses this Personal Information.
  • With whom Evolution may share Personal Information.
  • What choices are available to you with respect to the collection, use and sharing of your Personal Information.
  • What types of security procedures are in place to protect against the loss or misuse of your Personal Information under our control.

By accessing or using the Website, you consent to our use of your Personal Information as described in this Statement. “Personal Information” for purposes of this Statement is the information that identifies you as an individual or relates to you as an identifiable person.

A. Information We Collect

We collect information from you in two ways. First, you may provide us with certain information when you submit forms, request information, register as a user, upload information or content, or otherwise contact us through the Website. Second, we collect certain information automatically as you use the Website.

1. Information You Provide to Us

We may collect Personal Information from you when you submit forms, register as a user, upload information or content, or request information through the Website. If you do not want us to collect this information, please do not provide it. We directly collect the following types of information that you provide to us:

  • Identifying information. We may collect Personal Information, including your name, email address, phone number, credit card information, and mailing address.
  • User generated content. When you provide comments or feedback or make submissions of content or information using the Website, we may collect that content and associate it with you.
  • Customer service interactions. To ensure the quality of your interactions with our personnel, we may monitor, document and retain communications between you and our personnel.

We may use third party vendors to provide certain features and functions of the Website. For example, we use the following third party vendors: • WineDirect, to provide our ecommerce shopping cart (https://www.winedirect.com/privacy-policy);

You can read about these vendor’s individual privacy policies and practices at links set forth above.

2. Information We Automatically Collect from You When You Use the Website

We (or service providers on our behalf) may use technologies, including “cookies” and “web beacons,” to automatically collect information from you when you use the Website. Cookies are small amounts of data that are stored within your Internet browser, which save and recognize your browsing habits. We use both session cookies (which track a user’s progression during one site visit) and persistent cookies (which track a user over time).  Web beacons are web page elements that can recognize certain types of information on your computer or mobile device, such as the time and date you viewed a page, which emails are opened, which links are clicked, and similar information.

Information that may be collected by cookies and web beacons when you use the Website may include, without limitation:

  • web pages you visit;
  • date and time of your visit to or use of the Website;
  • usage and activity data related to the Website;
  • browser type;
  • Internet Protocol (IP) address used to connect your computer or mobile device to the Internet;
  • your computer or mobile device and connection information, such as your browser type and version, operating system, and platform; and
  • your device identifier.

We use cookies to help us provide you with a more personalized experience and to improve the Website and/or our products or services.

Most Internet browsers allow you to block or delete cookies and other similar technologies from your browser. If you do not agree to the use of cookies or similar technologies, please disable or delete them by following the instructions for your browser set out here: http://www.allaboutcookies.org/, or use automated disabling tools where available.  However, if you reject or disable cookies, you may still use the Website, but your ability to use some Website features may be limited.

B. “Do Not Track” Requests

Your Internet browser and mobile device may allow you to adjust your browser settings so that “do not track” requests are sent to the websites you visit. IF YOU DO NOT WANT US TO AUTOMATICALLY COLLECT INFORMATION FROM YOU WHEN YOU USE THE WEBSITE, EITHER NOW OR FOR FUTURE BROWSING SESSIONS, REFRAIN FROM USING THE WEBSITE. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (“DNT”) SIGNALS.

C. How We Use the Information We Collect

We may use information collected from or about you for any of the following purposes:

  • developing, providing and improving the Website and/or Evolution’s other products and/or services;
  • assisting with the provision of services and fulfillment of any orders or requests for information made through the Website;
  • sending you information and promotional materials about our products and services and the Website, as well as our company in general;
  • responding to information requests;
  • complying with regulatory requirements for the maintenance of records;
  • conducting internal reviews of the Website to help us better understand visitors’ and customers’ uses of the Website;
  • protecting the security and integrity of the Website;
  • complying with court orders and legal process, and to enforce this Statement; and
  • any other legal, business or marketing purposes that are not inconsistent with the terms of this Statement.

D. How We Share Your Information with Third Parties

We may share the Personal Information we collect in connection with the Website with third parties, as described below:

1. Third Parties Who Provide Services or Information Through the Website

We may share your Personal Information with third parties who provide third party products or services or information through the Website.  Such third parties may use the information to fulfill product or service orders, develop and improve their products or services, and contact you about product or service orders, future products or services, or their company in general.

2. Service Providers

We may share your Personal Information with our third party distributors, vendors, suppliers and other service providers who provide services to us or on our behalf, such as operating and supporting the Website (i.e., website developers, hosting service providers, etc.), auditors, performing marketing or consulting services, and assisting us with the preparation and mailing of our business and marketing communications and with processing and fulfillment functions. These third party service providers may use your Personal Information for their own marketing purposes.

3. Third-Party Analytics Providers

We may share Personal Information with our advertising and analytics partners, such as Google Analytics. The privacy policies of these third party companies apply to their collection, use and disclosure of your information. These third parties may combine your information with the information of other consumers for purposes of conducting studies and/or analytics. For more information about Google Analytics, including how to opt out, please go to: https://tools.google.com/dlpage/gaoptout.

4. Our Affiliates

We may share some or all of your information with our subsidiaries and corporate affiliates, joint venturers, or other companies that are or may become under common control with us. We will require these entities to comply with the terms of this Statement with regard to their use of your Personal Information.

5. Transfer or Assignment in Connection with Business Transfers or Bankruptcy

In the event of a merger, acquisition, reorganization, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your Personal Information and other information we have collected from users of the Website to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred user information will be subject to this Statement. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

6. Response to Subpoenas or Court Orders, or Protection of Our Rights

We may disclose your information to government authorities or third parties if:

  • you have given us permission to share your information;
  • we are required to do so by law, or in response to a subpoena or court order;
  • we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, or to protect our property or other rights, or those of third parties, or the public at large; or
  • we believe that you have abused the Website by using the Website to attack or gain unauthorized access to a system or to engage in spamming, or in any other manner that violates applicable laws or any applicable terms of use.

7. Aggregate Information

We may share aggregated or de-identified information without restriction.

E. Your Choices

We provide the opportunity to opt out of receiving communications from us and our partners at the point where we request information about you. In addition, you may unsubscribe or opt out of receiving communications from us by clicking the unsubscribe link on any email marketing communication you receive.

You may also opt-out of our automatically collecting information from you, as described above.

Note that even if you opt out from receiving communications from us, we reserve the right to send further communications to you for the sole purpose of processing or fulfilling any orders or support requests you made to us prior to opting out.

F. How We Protect Your Information

We have implemented commercially reasonable measures designed to secure your Personal Information from unauthorized access, use, alteration and disclosure. However, the transmission of information via the Internet is not completely secure. You acknowledge that: (a) the limitations of the Internet are beyond our control; (b) the security, integrity and privacy of information and data exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Evolution has no responsibility or liability for the security of information transmitted via the Internet.

G. California’s Shine the Light Law

California Civil Code Section 1798.83, known as the “Shine The Light” law, permits any users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.

H. European Union Privacy

If the processing of your Personal Information is subject to the European Union General Data Protection Regulation 2016/679 (“GDPR”), we have additional obligations and you have additional rights under the GDPR.  These rights and obligations are as follows:

We will process your Personal Information in order to support our provision of the Website.  The lawful bases for processing your Personal Information may include:

  • When you have given consent to our processing;
  • When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
  • When processing is necessary to protect our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights;
  • When processing is necessary for compliance with a legal obligation to which we are subject; and
  • When processing is necessary to protect the vital interests of the data subject or of another natural person.

If the processing of your Personal Information is subject to GDPR, you have many rights with respect to such processing.  Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to our processing of your Personal Information.  You may further have the right to be informed about your Personal Information and how it is being processed, to access, correct and erase your Personal Information, to restrict further processing, and to obtain and reuse your Personal Information for your own purposes.  You also have the right to lodge a complaint with the relevant European Union supervisory authority.

If we transfer your Personal Information to a recipient in a country outside the European Economic Area, we will do so in compliance with applicable laws with respect to such transfer.

I. Correcting/Updating Your Information

You may have the right to access the Personal Information we collect about you. You may also have the right to update that information or correct any errors contained in that information. For details, please email us at info@evolutionwine.com.

J. No Use by Children

As noted in our Terms of Use, the Website is intended for use by users over the age of 21, and users seeking to purchase alcoholic beverages through the Website must be at least 21 years of age.  In addition, we do not knowingly collect contact information from children under the age of 13 without verifiable parental consent. If we become aware that a visitor under the age of 13 has submitted Personal Information without verifiable parental consent, we will remove his or her information from our files.

K. Use of Information Outside Your Country of Residence

The Website is directed to users located in the United States. If you are located outside of the United States and choose to use the Website or provide your information to us, you should be aware that we may transfer your information to the United States and process it there. The privacy laws in the United States may not be as protective as those in your jurisdiction. Your consent to this Statement followed by your submission of information to us through or in connection with the Website represents your agreement to the transfer of your information to the United States.

L. Changes to This Privacy Statement

We may change this Statement from time to time. If we decide to make a material change to this Statement, we will post it on this page. Your continued use of the Website after the posting of changes to this Statement will mean you accept these changes. In some cases, we may attempt to contact you through an email or other address you have provided, so we can give you choices about our using your information in a manner different from that stated at the time of collection. If we make any material changes in our privacy practices that affect your Personal Information that is already in our possession, we will apply those changes to that older information only with your consent or as otherwise allowed by law.

M. Contact Us

If you have any questions about this Statement or our use of the information we collect from you in connection with the Website, email us at info@evolutionwine.com.