CCPA

The Free Spirits Company Privacy Notice for California Residents

Effective Date: March 8, 2024

This Privacy Notice for California Residents (this "Notice") supplements the information contained in The Free Spirit Company's Privacy Policy (the "Policy" and applies solely to all visitors, users, and others who reside in the State of California ("Users" or "you") who visit https://drinkfreespirits.com (the "Site"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (the "CCPA") and any terms defined in the CCPA have the same meaning when used in this Notice.

  1. Information We Collect

Our Site collects personal information or "Personal Data," as further defined in Section 5 of the Privacy Policy. For purposes of this Notice, "Personal Data" also includes information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("Personal Data"). Personal Data does not include:

  • Publicly available information from government records;
  • Deidentified or aggregated consumer information; and
  • Information excluded from the CCPA's scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, our Site has collected the following categories of Personal Data from its Users within the last twelve (12) months:

Category

Specific Fields

A. Identifiers.

First name, last name, unique personal identifier, online identifier, Internet Protocol address, email address, account name, phone number, or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code S 1798.80(e)).

First name, last name, unique personal identifier, online identifier, Internet Protocol address, email address, account name, phone number, or other similar identifiers.

Some Personal Data included in this category may overlap with Personal Data included in other categories.

C. Protected classification characteristics under California or federal law.

Race, national origin, religion, gender, sexual orientation, or other similar identifiers.

D. Commercial information.

Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

E. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

F. Geolocation data.

Extracted from IP address.

K. Inferences drawn from other personal information.

Preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, aptitudes, or other similar identifiers.

We obtain the Personal Data listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Site through cookies or other tracking mechanisms.

Use of Personal Data

We may use or disclose the Personal Data we collect for business purposes set forth in the Policy.

 

Sharing Personal Data

We may disclose your Personal Data to a third party for business purposes as set forth in the Policy. When we disclose Personal Data to a third party for a business purpose, we enter into a contract that describes the purpose for which the disclosure is being made and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except for the purposes specified int the contract. The CCPA prohibits third parties who purchase the Personal Data that we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

Disclosures of Personal Data for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of Personal Data for a business purpose:

Category A: Identifiers;

Category B: California Customer Records personal information categories;

Category D: Commercial information;

  1. Your Rights and Choices

The CCPA provides California residents with specific rights regarding their Personal Data. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your Personal Data over the past 12 months. Once we receive and confirm your verifiable consumer request, to the extent it is possible to associate your request with any Personal Data that we possess, we will disclose to you:

  • The categories of Personal Data we collected about you;
  • The categories of sources for the Personal Data we collected about you;
  • Our business or commercial purpose for collecting or selling that Personal Data;
  • The categories of third parties with whom we share that Personal Data. The specific pieces of Personal Data we collected about you (also called a data portability request);
  • The specific pieces of Personal Data we collected about you (also called a data portability request); and
  • If we sold or disclosed your Personal Data for a business purpose, two separate lists disclosing: (i) sales, identifying the Personal Data categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Data categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, to the extent it is possible to associate your request with any Personal Data that we possess, we will delete (and direct our service providers to delete) your Personal Data from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code S 1546 et. seq.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  • Comply with a legal obligation; or
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Emailing us at hello@drinkfreespirits.com with "Attn: Privacy" in the subject line; or
  • Sending us a message on the Site.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative; and
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you.

We will only use Personal Data provided in a verifiable consumer request to verify the requestor's identity and/or authority to make the request.

Response Timing and Format

We try to respond to verifiable consumer requests within forty-five (45) days of receipt. If we require more time, we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12) month period preceding receipt of the verifiable consumer request'. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to a verifiable consumer request unless such a request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your Personal Data at any time (the "right to opt-out"). We do not sell the Personal Data of Users we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Users who opt-in to Personal Data sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may email us at hello@drinkfreespirits.com with "Attn: Privacy" in the subject line.

We will only use Personal Data provided in an opt-out request to review and comply with the request.

 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Data's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

  1. Other California Privacy Rights

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a calendar year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send an email to hello@drinkfreespirits.com with "Attn: Privacy" in the subject line.

If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided and include the email address associated with your account and a statement that you reside in California. We will make sure that the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

To request any other changes or information about our collection, use or disclosure of your information, please email us at hello@drinkfreespirits.com with "Attn: Privacy" in the subject line.

  1. Changes to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time. When we amend this Notice, we will post the updated notice on the Site and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of any such amendments.