PRIVACY POLICY

EFFECTIVE October 1, 2022

Got Cheers (a dba of and including Hidden Wineries Inc.) and its brands, affiliates, subsidiaries, and partners, (collectively referred to hereinafter as “GC,” “we,” or “our,”), created this Privacy Policy to inform our consumers, website users, club members, event registrants/participants, newsletter/information recipients, promotion, contest, sweepstakes or campaign participants, online community participants, those who correspond with us via telephone, SMS (text message), email, or QR Code, those who purchase or inquire about our products and services and others (collectively referred to as “you”) about our practices regarding collection, use and disclosure of personally identifiable information (“personal data”) that you provide to us or we collect from you. All references to our “website” in this Privacy Policy include any of our affiliated e-commerce sites, microsites linked to our websites as well as any of our affiliated mobile applications.

This Privacy Policy does not apply to any of our other websites that contain a separate privacy policy, but only to sites that specifically link to this Privacy Policy.

While our website or other materials may include links or references to non-GC websites, platforms, materials or entities, this Privacy Policy does not apply to any data that may be collected through those non-GC sites, platforms, materials or entities, unless otherwise indicated. This includes any websites of affiliated entities.

Information Collection and Use

We may receive personal data (including, without limitation, name, birthdate, shipping or mailing address, email address, phone number, social media account information, geographic location, account information, transactional and financial information, preferences, comments, and event participation information) from you both online and offline. Online, we may receive information through one of our websites, an affiliated site (such as a promotional microsite linked to our site), a QR Code, a brand page on a social media website or through similar online avenues, and via mobile phone applications or SMS (text message) correspondence. In many cases, such information will be collected directly from you, such as through an e-commerce transaction or inquiry (including via a telephone call or SMS correspondence) or your submission of a form, registration or communication to us. Information may also be gathered from third-party sources (including without limitation, our third-party service providers (such as marketing and fulfillment companies), opt-in lists, publicly available data, consumer reporting agencies, other companies and referrals) and through your activities and interactions with us, *including, without limitation, your online activity on our website. We may combine data collected from these disparate sources unless we tell you otherwise. Any of your personal data or other information gathered by one of our brands may be shared with and used by any of our other brands in accordance with this Privacy Policy.

The types of personal data include the following, depending on your activities:

  • Contact information and Geographic Location, including name, title, street address (home, work, billing, shipping), postal code, country, telephone numbers (home, work, cell, etc.), email address (home, work), company name and other similar information, and your geographic location, for example, in connection with QR Code scanning.
  • Personal/demographic information, including birthday/age/age group, gender, birth date, salary range, occupation, level of education, contest- or promotion-specific information (e.g., for wedding promotions, we ask for your wedding date, location, etc.).
  • Authentication information, including user IDs, log-in names, passwords, password reminders, copy of ID, social security number (in addition to other personal data such as contact information, birth date).
  • Transactional and financial information, including products or services you purchase, inquire about or request, payment information, and debit/credit card information.
  • Preferences, views and comments, including beverage preferences and consumption frequency, subscriptions/communications preferences, feedback in response to surveys, language preference.
  • Participation information, including event attendance, contest entries (including all information submitted on an entry), information provided when requesting or receiving discounts/coupons/rebates, registrations, information relating to use of online communities (for example social media IDs) and all other user submissions and content you provide.
  • Cookies, web beacons and navigational and location data collection ( (clickstream, log files, server logs). Your Internet browser automatically transmits some of this information, such as device ID, the URL of the website you just visited and the Internet Protocol (IP) address and browser version currently being used by your computer. Such technologies help keep track of your interactions with our website and may provide you with a more customized experience. We may also use web beacons in emails and newsletters so that we know when such communications have been opened and to otherwise help us tailor our communications to individual users.

As is the case with many websites, our website may use cookies and other automated information collection means. Cookies are information about you from our website that is stored on your browser or hard drive. Cookies save you time because you do not need to manually re-enter the information stored on your hard drive. Cookies also can help us optimize and upgrade our website by showing when and how users use our website. You can set your browser to notify you when a cookie is sent or refuse cookies altogether, but certain features of our website might not work without cookies.

We may use personal data about customers to respond to your requests (including requests for newsletter subscriptions, materials, coupons/rebates/discounts and so on); to provide products or services that you have ordered; to process your order transactions and contact you regarding your order; to invite and help you to participate in online and offline events, activities and/or clubs; to allow you to post information and other content online; to improve our products, services and websites; to follow up with you after you have communicated with us or submitted information to us; to send promotional communications or offers (unless you have requested that we not send such communications); for marketing, research and legal purposes and other purposes (including call center recordings); to permit you to participate in and to otherwise administer sweepstakes, promotions, campaigns and contests; to address your interests and concerns; and as otherwise specified in this Privacy Policy and/or at the point of personal data collection.

We use personal data about customers in contexts that include the following:

  • Conducting and following up on transactions. We may use personal information such as name, title, street address, phone number, email address, title, company name, payment information and debit/credit card information to conduct transactions with you, process your order, and contact you about your order.
  • Registration, such as for events, memberships, accounts (i.e., log-ins and passwords, etc.). You may be given an opportunity to register with us to become/be a member of a wine club; to receive promotional communications/offers; to attend an event (e.g., a GC tasting panel); to join/participate in an online community, blog, chatroom or other interactive areas or to otherwise provide user-generated content (such as posting favorite photos/videos/audio recordings, providing testimonials, sharing experiences about GC products, etc.). Such activities may entail collection of name, title, contact information, birth date, user name and password, beverage preferences, experiences with such products and personal information/preferences related to the subject matter of the particular activity. In some cases, you will select a user ID and password when you register and you will use this to gain access to certain registration-restricted areas. Note that using our website as a registered user enables information that is passively collected as you navigate our website to be associated with personal data actively collected from you or your activities on our website.
  • Participation in online communities/provision of user-generated content. Our website may provide online community features and may allow you to submit user-generated content for posting on our website. You are responsible for any postings you make in any online community. Anything you make available as a participant in an online community or submit for posting by us may be made available for others to see.
  • To follow up with you after you have completed a business reply or survey, whether online or offline. When you visit or attend an event where we are present, or our products are present, you might fill in an optional form, telling us your name, title, email address, beverage consumption preferences, whether you attended past events, your postal code, comments, whether you would like us to contact you in the future and/or other information. Likewise, you might choose to participate in an online or offline survey (anonymously or with name/contact information) where you provide demographic information, your beverage consumption information and survey-specific preference data. We use the personal data you provide to improve our products, services and website content and otherwise to more effectively communicate with you.
  • To allow you to contact us with questions, comments or concerns and to address your communications. We may provide multiple ways for you to contact us, to ask questions, provide comments or share concerns. This may occur, for example, by email, phone, the “Contact Us” section on our website or via postal mail. Depending on the circumstances, we may collect your name, title, contact information, age group, product UPC number, message type, case number (if tied to a previous issue), comments and other types of data relevant to the specific situation (e.g. product involved, use of the product, any problems with the product and the like).
  • To provide materials you request. We may provide a number of ways for you to contact us or request materials from us, such as QR Codes, newsletters, coupons, rebates, brochures, product literature and the like. We may collect and use contact name, title, contact information, age-indicative information, demographic information, preferences, transaction information (such as related to rebates), geographic location and other information relevant to responding to you.
  • To permit your participation in contests, sweepstakes and other promotions. To participate in sweepstakes, contests, campaigns and other similar promotions, we often collect name, title, contact information, age-indicative information and gender, and/or your geographic location as well as other information related to the particular activity.
  • For marketing purposes (unless you have told us otherwise). We may use your contact information to tell you about other products and services (including those of our other brands, affiliates and companies) that we believe might be of interest. If at any time you do not want communications from us for promotional purposes, please let us know by email or other means.

We may disclose personal data you provide to any of our other brands and to service providers that we use to support our business and operations (e.g., delivery services, financial institutions, fulfillment services, technical support, advertising, public relations, media and marketing services, sweepstakes, promotions, campaigns and contest-related services, call-in centers, e-commerce and other web-related services such as web hosting and web monitoring services and event-related services such as online and offline data capture) who have agreed to keep the information confidential and use it only to provide the applicable service(s). In some cases, we work with other companies who help to gather information from you or help us to communicate with you. For example, our QR Codes, mobile applications or SMS correspondence campaigns may be administered by a third-party service provider.

We may also disclose personal data to third parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Likewise, we may disclose personal data to third parties in connection with the sale, assignment or other transfer of the business of our website or the sale, assignment, merger, reorganization or other transfer of any of our brands or companies.

We (including any of our brands) may use your user-generated content you choose submit to us including by displaying it on our sites and including for our promotional purposes.

Security

We take steps to protect personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction, whether in transmission or storage including by pseudonymizing and/or encrypting data in certain cases. Please keep in mind, however, that there is no such thing as perfect security, and no Internet transmission is ever completely secure or error-free. Moreover, you are responsible for maintaining the confidentiality of any user name and password you use.

It’s Your Choice: Contact Preferences

We want to keep in touch with you in ways that you find to be beneficial. If you don’t want us to use your contact information to communicate with you for promotional purposes (such as to tell you about other products and services that might be of interest or to offer coupons/discounts), please tell us that when you provide your contact information. If you decide at a later time you do not want to receive promotional communications, you can communicate this to us by accessing your account via our site (if applicable), by emailing us, or by following the instructions in the communications that we may send you. Keep in mind that these preferences regarding promotional contacts do not mean that we might not contact you for other reasons, such as those related to an order you placed, an inquiry you made, a newsletter to which you may have subscribed, a membership you undertook, an event for which you registered, or a legally required notice.

SMS Messaging Opt-Out

If you have participated in our general SMS correspondence campaign, you may opt-out by texting “STOP” to the short code provided in that message. Message and data rates may apply.

Your California Privacy Rights

California Do Not Track Notice: Because there are not yet common, industry accepted “do not track” standards and systems, our website may not respond to Do Not Track signals. In addition, third parties may collect personal data from your activity on our website, as described in the Information Collection and Use above.

California residents, please see our Supplemental California Consumer Privacy Act Disclosures, contained in the California Privacy Notice herein.

How To Contact Us for More Information

If you have any questions about this Privacy Policy or our information practices, please contact us through the Contact Us on this website or contact us in writing at P.O. Box 891081, Temecula, CA 92589.

California residents are protected as “consumers” by the California Consumer Privacy Act hereafter “CCPA” of 2018 with respect to personal information.

A number of statutory exceptions apply under the CCPA and to these CCPA Disclosures, including the following:

(1) personal information reflecting a written or verbal communication or a transaction between the business and the consumer, where the consumer is a natural person who is acting as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, non-profit, or government agency and whose communications or transaction with the business occur solely within the context of the business conducting due diligence regarding, or providing or receiving a product or service to or from such company, partnership, sole proprietorship, non-profit, or government agency

(2) personal information that is collected by a business about a natural person in the course of the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business to the extent that the natural person’s personal information is collected and used by the business solely within the context of the natural person’s role or former role as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or a contractor of that business

(3) personal information that is collected by a business that is emergency contact information of the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business to the extent that the personal information is collected and used solely within the context of having an emergency contact on file

(4) personal information that is necessary for the business to retain to administer benefits for another natural person relating to the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business to the extent that the personal information is collected and used solely within the context of administering those benefits.

These CCPA Disclosures do not reflect our collection, use, or disclosure of California residents’ personal information, or data subject rights, where an exception under the CCPA applies.

Additional Terms of Use

  1. Wine Sales & Wine Club Terms of Use

By ordering wines and/or other items through this Site, Got Cheers and all Company affiliates, and partners you agree to all terms and conditions herein. In no way does this Site imply that any products or services are appropriate or available for use outside of the United States. An adult signature is required for delivery of any wine/alcohol products. Without such signature delivery may not be made in a timely manner to protect the product quality or for any specific dates or events. Furthermore, the recipient may be required to go to a specific location designated by the delivery service for pick-up of said parcels.

By using this Site you are acknowledging that the person receiving a shipment of alcoholic beverages from this Company are age of 21 or more. You are accepting full responsible for all consumption of wines, products, and safety including but not limited to glass and packaging. You also agree that any alcohol purchased from this Site is intended for personal consumption and not for resale.

  • Shipping Terms of Use

By ordering wines and/or other items through this Site, Got Cheers and all Company affiliates and partners, you agree that all orders are expected to be delivered on or in advance of any occasions, holidays, or dates specified or requested. Although every attempt will be made to meet shipping requests, due to third-party delivery services and shipping complications exact date deliveries are never accepted on this Site. Especially during busy holidays and event seasons when deliveries may take longer, products and packages may be sent several weeks or days in advance to ensure that deliveries are made in advance of events and/or celebrations, and to anticipate and/or avoid any problems or delays with third-party shipping services. While this Site does not take any responsibility for third-party delivery service issues, complications, or problems, the Company and its affiliates will work with Site product recipients to provide happy and safe resolutions. The Company is not responsible however for any wrong information including mis-spelled names, addresses, or any other reason for failed deliveries and/or return shipping charges.

An adult signature is required for delivery of any wine/alcohol products. Therefore, a work address, or an appropriate day-time address with an adult present is suggested. Without an adult signature, upon a timely delivery attempt, the Company is not responsible, for any reason, for a delivery made outside a timely manner, to protect the product quality, or in time for any specific events or celebrations. Furthermore, without an adult signature, etc. the recipient may be required to go to a specific location designated by the delivery service for pick-up of said parcels.

XVII.       Scheduled Deliveries Terms of Use

Got Cheers “scheduled deliveries” are set up by the calendar date of an occasion(s) or event(s).

Got Cheers always works our best to have package arrive on or IN ADVANCE of all GC wine orders, but due to inclimate weather, and delivery methods, or other unforeseen reasons there are occasions when “on-time” and ADVANCE deliveries are not possible. Additionally due to higher volumes of packages being shipped on occasions throughout the year, payment and shipping may be processed with advance scheduling to ensure a delivery is not late. Any promotional or printed use of calendar graphics are for visual effect only and are never intended to imply accurate dates by which scheduling should be done by customers on the GC Site.

  • Schedule Now Pay Later Program Terms of Use

The GC Schedule Now Pay Later Program is a courtesy service the Company offers to provide ordering and payment simplicity and convenience to our customers. However due to planning and inventory needs, the GC Schedule Now Pay Later Program, applies only to orders scheduled 90-days or more in advance of a calendar event scheduled.

 

  • Wine Club Cancelation and Address Changes Terms of Use

All wine club cancelations, on reoccurring or on a pre-scheduled annual wine clubs, are required to be canceled 90-days or more in advance of the calendar event scheduled. If a wine-club cancelation or change is requested less than 90-days prior to a calendar scheduled event, Got Cheers will make every effort to stop the club shipping. However, a restocking fee may be charged to the credit card on file. If a customer or recipient address is changed or ended, for what ever reason, and the Company is not notified 90-days in advance, and a delivery is made as scheduled, the customer may be responsible for the cost of the product(s) and any return fees.

  1. Wrong Address Delivery Terms of Use

We understand People move, and things change. Got Cheers will send an email notification to the email on the customer account profile prior to all order payment processing. This courtesy email contact serves multiple purposes: to ensure all delivery addresses are current and deliverable, to ensure the customer credit card data is up to date and effective, and also as a general reminder that gifts have been scheduled for delivery. Please check your personal address book(s) often to keep all information current. Any ineffective email deliveries, for whatever reason, are not the responsibility of Got Cheers

Any wrong address deliveries, due to expired or wrong information that are charged by the carriers, will be automatically added to the customer credit card on file. As a general suggestion we advise all customers to review their address book records frequently to avoid mistakes and/or additional carrier charges. And especially prior to any scheduled holiday or event deliveries that are scheduled. Note: wrong address charges for any reason, are not included in any GC free or unlimited shipping offers, for any reason.

  • Credit Card Processing Unsuccessful Terms of Use

If a shopper or an existing customers’ credit card is declined or refused as payment, for any reason, Got Cheers will send an email notification to the GC Customer-email on the customer account profile to make other payment arrangement(s). However, if for any reason, the email communication is not received or not responded to in a timely manner all orders will be canceled, and any annual wine clubs for customers and/or recipients will be terminated. All re-confirmed payments will be assigned a confirmation and/or order number immediately upon order update completion.

  • Fanciful Labeling Terms of Use

Label Designs, especially the Collector tier labels, may change annually. While ever attempt is made to keep all Site materials current, it is entirely possible that a wine label shown on this Site or any promotional materials may  be materially different than the design(s) that arrive on the wines you or your recipients purchase and/or receive. An additional reason for the difference between wine label designs shown on this website, and those that are shipped, maybe for the element of surprise and delight when a new GC label design is created and/or shipped.  Got Cheers Label designs are planned and arranged internally within the Company newly each year. Wine club subscriptions will automatically be sent the new label design without any communication to the customer or the recipient of GC Wines. Not all GC Collector label designs are changed annually. However, often the GC label designs that DO CHANGE ANNUALLY may include, but are not limited to these occasions/events: Christmas, Holidays, Mother’s Day, Spring/Easter, July 4th/Summer, New Year’s, Thanksgiving/Autumn, and others.

Notice-1: Due to customer demand, label designs may be repeated in future years and/or a classic, always available, label design option may be provided. GC works to have all label designs and revisions be appropriate and tasteful. Most all customers enjoy this fresh, label revision process. If however, a customer or recipient is unhappy or dislikes a particular label design, Got Cheers is unable to provide a refund for any of these reasons.

Notice-2: Label design revisions are an integral part of the Company’s business model. However, Company wine labels are customized in a generalized occasion way. Due to diversity of cultures and preferences, the Company often selects those occasions and events that are prominent celebrations. The exclusion of any event or occasion is not intended for any bias, harm, or neglect in any way.

Notice-3: Personalized label designs with requested names, dates, photos, etc. are available for an additional fee. Please contact the company for details.