Scout & Cellar, its operating groups, subsidiaries divisions, and affiliates (the “Company”), provide this notice to California Consumers concerning their rights under the California Consumer Privacy Act (CCPA).  Consumers with disabilities may access this notice in an alternative format by sending an email to: [email protected]. 

For purposes of this notice, “Personal Information” means anything that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular California consumer or household.

Notice of Categories of Personal Information We Collect and How We Use It

·      The Company collects the following information from customers who sign-up to be a member of the Company’s wine club or place an order: name, address, date of birth, email address, phone number, credit card information, business name, and purchase history of the products offered by the Company. We use this information to sell our wine, charge your purchase to a credit card, ship the wine to you, and determine your preferences in wine selection.  We collect all of your personal information from you.  We do not collect personal information about you from any other source but you.

·      We use and share your name, address, email address, business name, and purchase history, with Consultants, who are independent businesses and who are our services providers.  They promote and provide our wine and services to you and communicate with you for that purpose.  We say also be required by law to share certain information with the winery who makes the sale or state regulatory agencies about the sale, including, among other things, the names and addresses of the purchaser and/or recipient, government issued ID information, the quantity, brand, price, alcohol content, and volume of alcohol purchased (“Regulatory Purposes”).  We do not share this personal information with anyone other than the Consultants or related to the Regulatory Purposes, we do not sell this information, and the Consultants do not give this information to anyone or sell this information.  

The link to the Company’s Privacy Policy is here.

Right to Know About Personal Information Collected, Disclosed or Sold

 We will not collect personal information about you other than what is described above, we will not disclose your personal information other than to Consultants, we will not sell your personal information, and the Consultants will not disclose or sell your personal information.  We do not anticipate that this will change in any manner.  We collect personal information from you at the time you sign up for our mailing list, sign-up for a wine club, make a purchase, or sign up as an independent consultant.

Under the CCPA, you have the right to know about the Personal Information we collected about you during the prior 12 months. Consumers with disabilities may access this policy in an alternative format by sending an email to: [email protected].  Specifically, you have a right to know:

·      The specific pieces of personal information we have collected about you and your household, and

·      The categories of personal information we have collected about you, and your household including the categories of sources from which your Personal Information was collected, business or commercial purposes for which your Personal Information was collected, the categories of third parties to whom we sold or disclosed the categories of Personal Information for a business purpose, and the business or commercial purpose for selling or disclosing your personal information to a third party. 

Although this is an accurate statement of your rights under the CCPA, the categories of Personal Information that we collected in the past 12 months are discussed above in the Notice of Personal Information We Collect and How We Use It.  We do not disclose your Personal Information to anyone other than Consultants as described above.  We do not sell your Personal Information or use it in any other fashion other than what is described above.

If you have an online account with us, you may request to review and obtain the Personal Information we collect and disclose to Consultants by logging into your account with us and clicking the “Right to Know” link in your account.  Otherwise, you can obtain the Personal Information we collect and provide to Consultants by submitting a verifiable written request to us by emailing us at [email protected] or by calling us at our toll-free telephone number: (888) 691-0741 or submit a request to know or a request to delete to your Independent Wine Consultant.   

To ensure that the request is coming from you and to protect the security of your Personal Information, we require that you provide us with 2 out of the following 4 data points to verify your identity if you are requesting access to the categories of Personal Information we collect: (1) email address (2) telephone number, (3) description of the wine you purchased in your most recent purchase, and (4) the destination zip code from your most recent order.  If you are requesting to obtain specific pieces of Personal Information, you must provide us with 3 out of the 4 data points described plus a signed declaration under penalty of perjury from you that you are the consumer whose Personal Information is subject to the request.  If you are requesting to obtain specific pieces of Personal Information regarding your household, each member of your household must provide the verification information above in order for us to verify their identities.

If you use an authorized agent to exercise your right to know about your Personal Information, we will verify the identity or your authorized agent by requiring your authorized agent to provide us with either (1) your power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your Personal Information on your behalf together with the identity verification information for you described above depending upon whether the authorized agent is requesting the categories of Personal Information about you or specific pieces of Personal Information about you.

Within 10 days of receiving your request to know, we will confirm receipt of your request and provide information about how we will process your request, including a description of our process to verify your identity and when you should expect our response.  Generally, we will respond to your request within 45 days and provide you the requested Personal Information by mail or a readily usable electronic format.  Under certain circumstances, we may take up to 90 days to respond to your request.  In these circumstances, we will provide you with notice and an explanation of the reason we will take more than 45 days to respond to your request.

 If you are requesting to obtain the categories of Personal Information we collect or disclose, and we are unable to verify your identity, we will deny your request, inform you that we cannot verify your identity, and direct you to our Privacy Policy which describes our general business practices regarding the collection, maintenance and sale of Personal Information.  We will also explain why we have no reasonable method with which we can identify you. 

By law, we can deny your request to know specific pieces of your Personal Information, in whole or in part, if it conflicts with federal or state law.  If we deny your request for these reasons, we will notify you that your request has been denied and explain the reasons for the denial.  If your request in denied only in part, we will disclose the reminder of the Personal Information you requested.

By law, we cannot provide you with specific pieces of your Personal Information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of your Personal Information.  Additionally, we are prohibited by law from disclosing to you your Social Security number, driver’s license number or other government-issued identification number, financial account information, any health insurance or medical identification number, an account password, or security questions and answers.

Notice of Your Right to Request Deletion of Your Personal Information

You have the right to request that we to delete the Personal Information that we have collected or maintained about you and your household. If you have an online account with us, you may request to delete the Personal Information we collect and disclosed to Consultants by logging into your account with us and clicking the “Right to Delete” link in your account.  Otherwise, you can request us to delete your Personal Information by submitting a verifiable written request to us by emailing us at [email protected] and notifying us that you are exercising your “Right to Delete” or by calling us at our toll-free telephone number: (888) 691-0741. To ensure that the request is coming from you and to protect the security of your Personal Information, we require that you provide us with 2 out of the following 4 data points to verify your identity if you are requesting access to the categories of Personal Information we collect:  (1) email address (2) telephone number, (3) a description of the wine that was included in your most recent purchase, and (4) the destination zip code from your most recent order. 

 If you use an authorized agent to exercise your right to delete your Personal Information, we will verify the identity or your authorized agent by requiring your authorized agent to provide us with either (1) your power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your Personal Information on your behalf together with the identity verification information for you described above depending upon whether the authorized agent is requesting the categories of Personal Information about you or specific pieces of Personal Information about you.

Within 10 days of receiving your request to delete, we will confirm receipt of your request and provide information about how we will process your request, including a description of our process to verify your identity and when you should expect our response.  Generally, we will respond to your request within 45 days.  Under certain circumstances, we may take up to 90 days to respond to your request.  In these circumstances, we will provide you with notice and an explanation of the reason we will take more than 45 days to respond to your request.

 If we are able to verify your identity, we will delete your Personal Information by one of the following deletion methods and will notify you of the deletion method used: 

·      Permanently and completely erasing the Personal Information on our existing systems except our archived or back-up systems;

·      De-identifying the Personal Information; or

·      Aggregating the Personal Information.

We may offer you the option to delete a select portion of the Personal Information you requested to be deleted in addition to the option to delete all of the Personal Information you requested to be deleted.

Prior to deleting your Personal Information, we will send you an email or call you to confirm that you want your Personal Information deleted.

If your Personal Information is stored on or archived or back-up systems, we will delete the Personal Information as described above when our archived or back-up system in next accessed or used. 

We will also direct our Consultants to whom we have provided your Personal Information to delete your Personal Information.

If we are unable to verify your identity, we will deny your request and inform you that we cannot verify your identity. 

By law, we may also deny your request to delete if retention of your Personal Information is necessary to:

·      Complete our transaction with you, perform a contract with you or if your Personal Information is reasonably anticipated within the contest of our ongoing business relationship with you,  

·      Detect security incidents, protect against malicious, deceptive, or illegal activity or prosecute those responsible for this activity;

·      Debug to identify and repair errors that impair existing intended functionality of our systems;

·      Exercise free speech rights;

·      Comply with the California Electronic Communications Privacy Act;

·      Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest;   

·      Enable solely internal uses that are reasonably aligned with your expectations;

·      Comply with a legal obligation; or

·      Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.

If we deny your request to delete, we will:

·      Inform you that we have denied your request and describe the basis for the denial including any legal exception permitting denial;

·      Delete any Personal Information that is not subject to the legal exception above; and

·      Refrain from using the Personal Information retained for any other purpose than provided for by that exception.

In responding to your request to delete, we will maintain a record of your request for the legally required period of 24 months.

 The link to the Company’s Privacy Policy is here.

Policy Regarding Children

 We do not collect, use or sell Personal Information of children age 16 or under.

Right to Nondiscrimination

You have the right to receive our products and services on equal terms regardless of whether or not you exercise your rights under the CCPA.

Further Information About this Notice

If you have questions or concerns regarding this Notice, please contact us at: Scout & Cellar, 4531 Farmers Branch, Texas 75244; [email protected]; or (888) 691-0741.