As used herein the following terms have the definitions set forth below.
Non-Personally Identifying Information includes your Internet Protocol (“IP”) address, the type of computer you are using; your computer browser information; the Internet address that you visited prior to and after reaching our Site; and the name of the domain and host you used to access the Internet (your web service provider identity). This information is non-personally identifiable and/or anonymous. Non–Personally Identifying Information is information that, without more, cannot be directly associated with a specific person or entity.
Personally Identifying Information
Personally Identifying Information is information that, without more, can be directly associated with a specific person or entity. This information includes, for example, a name, address, telephone number or email address. Personally Identifying Information also includes information about a person or entity’s activities – including as gathered by means of cookies, Web beacons or in some other manner – when linked to information directly associated with them.
Information that is not Personally Identifying Information is often also referred to as "Aggregate Information." This term includes Non-Personally Identifying Information such as a user's Internet Protocol (IP) address, Web site/page traffic and other statistics, and demographic data. Most aggregate information is collected automatically. Depending on its settings, your web browser may automatically send Aggregate Information to us.
Information Collected From Site Users
As a condition of permitting you to use our Site, Nolita Wine Merchants does not collect or require Users to furnish Personally Identifying Information. It also does not collect or require information regarding preferences such as referring site or date and time of each User request. Like most website operators, Nolita Wine Merchants collects from Visitors Non–Personally Identifying Information of the sort that web browsers and servers typically make available.
Use of Aggregate Information
Nolita Wine Merchants uses Aggregate Information to analyze trends, administer the Site and gather broad demographic information for aggregated use. Collecting this information helps us design the site to suit your needs. The information is also used in order to provide our connection service, provide customer service and improve our service.
Use of Non-Personally Identifying Information
Nolita Wine Merchants purpose in collecting Non–Personally Identifying Information is to analyze how Users use the Site so that it can improve the User’s experience.
Information Collected From Customers
In addition to the information that it collects from Users generally, Nolita Wine Merchants collects from its Users certain Personally Identifying Information. Personally Identifying Information includes information that is necessary or useful to provide any services requested by a Customer, including but not limited to; information related to the location of the Customer to determine whether a sale can be completed, credit check, billing and payment processing functions; provision of customer service; identification of Customers for account administration purposes; detection and prevention of unauthorized uses of the Site or services of Nolita Wine Merchants; and carrying out of any other activity described in or contemplated by any sales or end user agreement. The type and amount of Personally Identifying Information that Nolita Wine Merchants collects varies among Customers, but could include, without limitation, the following:
- Site usage history and Site preferences, including without limitation as gathered by means of cookies, Web beacons and other technologies;
- Purchase options, or purchase consumption history (principally for states that limit shipments to that state per period);
- Technical information relating to the User’s computer; and
- Password, PIN or other security related information.
Customers can always refuse to supply Personally Identifying Information, with the caveat that doing so will prevent the sale or shipment of certain or any of the products of Nolita Wine Merchants.
Disclosure of Personally–Identifying Information
BY BECOMING A CUSTOMER YOU CONSENT TO THE TRANSFER OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED HEREIN OR UNDER THE TERMS OF YOUR CREDIT CARD OR OTHER AGREEMENT WITH NOLITA WINE MERCHANTS. IF YOU DO NOT CONSENT TO SUCH DISCLOSURE, YOU MUST NOT PURCHASE GOODS OR SERVICES FROM THE SITE.
By Law or to Protect Rights
Nolita Wine Merchants discloses Personally Identifying Information when required to do so by law, or when Nolita Wine Merchants believes in good faith that disclosure is reasonably necessary to protect the property or rights of Nolita Wine Merchant, contractors and suppliers, other third parties, or the public at large.
Nolita Wine Merchants would like to provide Customers with notice of new products, services and features, whether offered by Nolita Wine Merchants or others. When such information concerns the products, services and features of Nolita Wine Merchants, Nolita Wine Merchants will provide such information to those of its Customers who have opted to receive it by means of posted mail or email directed to those Customers’ most recently submitted addresses. Nolita Wine Merchants will not send Customers text messages concerning new products, services or features without first obtaining those Customers’ consent to do so. If you wish to opt-in or opt-out of receiving certain marketing communications, you can choose to unsubscribe from Nolita Wine Merchants’ announcements at any time by following the “Unsubscribe” instructions found in each email or contact Nolita Wine Merchants.
Contests, Giveaways and Surveys
To the extent permitted by law Nolita Wine Merchants and its suppliers may offer you the opportunity to participate in contests, giveaways and other promotions. Nolita Wine Merchants and its suppliers in accordance with this Agreement will treat any information you submit in connection with such activities. Nolita Wine Merchants may also ask you to participate in surveys designed to help Nolita Wine Merchants improve the Site, or its services and product offerings. Any Personally Identifying Information provided to Nolita Wine Merchants in connection with any survey will be used only by Nolita Wine Merchants and its contractors related to that survey, and will not be disclosed to any other entity, except in aggregated, Non-Personally Identifying form.
Third Party Collection of Personally-Identifying and Other Information
Information Relating to Minors
All use of the Site and products and services of Nolita Wine Merchants are strictly limited to those twenty one (21) years of age or older. Use of the Site or purchases from Nolita Wine Merchants by those under twenty one (21) years of age are strictly prohibited. Nolita Wine Merchants also does not knowingly solicit or collect Personally Identifying Information, from anyone under twenty one (21) years of age. Nolita Wine Merchants will require proof of age for any purchase, and will require the signature of an adult for any delivery. Nolita Wine Merchants reserves the right to store any necessary information in order to enforce applicable laws concerning the sale and delivery of wine.
Protection of Personally-Identifying Information
Nolita Wine Merchants takes all physical, electronic and procedural measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of Personally Identifying Information. Nolita Wine Merchants does not store credit card numbers of Customers once a transaction is completed.
Updating of Personally–Identifying Information
Nolita Wine Merchants permits its Customers to freely update, correct, or delete any Personally Identifying Information maintained by Nolita Wine Merchants by contacting Nolita Wine Merchants.
How does Nolita Wine Merchants use security safeguards of my information?
We are committed to properly utilizing the information and data of your information. To help us accomplish this, we take the following steps:
- We employ internal access controls on the information;
- We use resources that train relevant personnel on our privacy procedures;
- We physically secure the areas where we hold hard copies of the information we collect;
- We use third party sources that regularly back up the information we collect online to ensure against loss; and
- We use technical controls to secure the information we collect online as appropriate, including but not limited to Secure Socket Layer (SSL), encryption, firewalls, and password protections.
Our qualified third party datacenter source periodically tests our data security procedures to ensure technical compliance.
Information from CHILDREN
As Nolita Wine Merchants prohibits Site access by children, it also does not intentionally collect Personally Identifiable Information from anyone whom we know to be under the age of thirteen (13). Nolita Wine Merchants complies with the Children's Online Privacy Protection Act (COPPA). To find out more about COPPA, please click on the following link:
Warranties and Limitation of Liability
EXCEPT AS MAY BE EXPRESSLY STATED IN THIS POLICY, PURO WINE™ MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, IN ITS OFFERING OF GOODS, SERVICES OR OF THIS SITE. PURO WINE™ DISCLAIMS (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF ACCURACY OR RESULTS; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY; AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR INFRINGEMENT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO FAULT, NEGLIGENCE OR STRICT LIABILITY, SHALL NOLITA WINE MERCHNATS, ITS CURRENT OR PAST OFFICERS, DIRECTORS, SHAREHOLDERS BE LIABLE FOR (i) ANY SPECIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS, LOST BUSINESS OR GOODWILL, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, ANY OTHER PECUNIARY LOSS ,OR ANY DAMAGES SIMILAR TO THE ABOVE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF NOLITA WINE MERCHANTS HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST ANY USER OF THIS SITE OR OF THE GOODS OR SERVICES OF NOLITA WINE MERCHANTS, OR ANY THIRD PARTY, FOR ANY DAMAGES INCLUSIVE OF THOSE SET FORTH ABOVE.
Governing Law; Venue and Jurisdiction
Any disputes involving this Site or the goods or services of Nolita Wine Merchants shall be resolved in the State of New York in accordance with its laws and exclusive of its choice of law rules. All Users of this Site and Customers of Nolita Wine Merchants expressly consent to personal jurisdiction in the state and federal courts of New York, New York and agree that venue is proper in those courts, exclusive of all others.
Whom can I CONTACT if I have questions or concerns?
Nolita Wine Merchants
New York, New York 10012
This policy is effective as of and was last updated on March 13, 2013.