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Privacy Policy

The following policy sets forth the policies regarding Nolita Wine Merchants, LLC acquisition, use and retention of private or personally identifiable information (“Privacy Policy”). By accessing the web site of Nolita Wine Merchants, you agree to be bound by this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use this Site.

The Privacy Policy may change from time to time, without prior notice. Each version of the Privacy Policy displays an effective date at the end of the Privacy Policy. The current version of the Privacy Policy applies each time you access the Site. Accordingly, you should check the date of the Privacy Policy in effect each time you visit the Site and review any changes since the last version.

Nolita Wine Merchants respects the privacy of its customers who purchase from Nolita Wine Merchants (“Customers”), and those who simply visit its Site (“Visitors”). (Customers and Visitors are collectively referred to herein as “Users,” “you” or “your.”) This Privacy Policy is designed to inform you, as a Nolita Wine Merchants’ User, about the types of information that Nolita Wine Merchants may collect from you. It also is intended to explain Nolita Wine Merchants’ uses of that information, and your rights in relation to that information. If you have any questions about Nolita Wine Merchants’ Privacy Policy, please contact us at the email address or telephone number listed below.

Important Definitions

As used herein the following terms have the definitions set forth below.

Non-Personally-Identifying Information

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.

Cookies

Cookies are a string of information that websites routinely store on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. It is possible to use cookies in combination with Personally Identifying Information and other information to profile the online activities of website visitors. Your browser generally permits you to control the use of Cookies – you may disable them, limit their use or delete them from your system.

Aggregate Information

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.

Use of Cookies; Special Note

Cookies are used to store preferences selected by a User through its use of the Site and used by Nolita Wine Merchants to improve the User’s interface with the Site, authenticate a User, store site preferences, retain shopping cart contents, or similar purposes. Nolita Wine Merchants and certain of its contractors, including some who provide links to the Site, use cookies to help Nolita Wine Merchants identify and track repeat Users, Users’ usage of the Site, and Site preferences. Other than in the case of Customers, however, Nolita Wine Merchants does not attempt to combine information gathered by means of cookies with any other information. Instead, Nolita Wine Merchants uses the information provided by cookies to develop a better understanding of how Users use the Site, and to customize Users’ immediate experiences on the Site.

Nolita Wine Merchants’ Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before linking to the Site. Disabling, limiting or erasing Cookies may cause our Site not to operate properly or may interfere with your viewing of information on our Site. Nolita Wine Merchants is not responsible in any way for operational problems that may be experienced by a Customer or Visitor due to the disabling, limitation or deletion of Cookies.

Information Collected From Customers

Personally–Identifying Information

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:

- Email address;
- 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.

System Information

Nolita Wine Merchants may automatically collect certain information from the computers of Customers, including but not limited to (i) IP address, browser type, operating software, computer language, and email type; (ii) usage of the Site; (iii) compliance with the Site and any applicable terms of use or other agreement; and, (iv) other information related to or stored in such Customer’s computer registry (“System Information”). Nolita Wine Merchants uses and discloses System Information for the same purposes, in the same manner and under the same conditions as Personally Identifying Information generally. Customers who do not wish to have Nolita Wine Merchants collect their System Information should not use the Site.

Disclosure of Personally–Identifying Information

Generally

Other than as described in this section, Nolita Wine Merchants discloses Personally Identifying Information only: (i) as specifically stated in any agreement with or invoice from Nolita Wine Merchants; and (ii) to those of its employees, contractors, vendors, and suppliers of products and services (collectively, “Suppliers”) that need to know that information in order to process their services or functions on Nolita Wine Merchnats’ behalf. Some of those employees, contractors, vendors and suppliers may be located outside of your home country. Additionally, suppliers may not bound by Nolita Wine Merchant’s Privacy Policy, but rather by their own privacy policies, if any.

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.

Marketing Communications

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.

Business Transfers

If Nolita Wine Merchants enters into a merger, acquisition, or sale of all or a portion of all of its assets, or in the unlikely event of the bankruptcy of Nolita Wine Merchants, Customers’ Personally Identifying Information will, in most instances, be transferred to Nolita Wine Merchants’ successor organization as a part of the transaction. In any such case, the use and disclosure of all Personally Identifying Information previously submitted to or collected by Nolita Wine Merchants will be subject to this Privacy Policy. Later submitted or collected information, however, may be subject to a new privacy policy as adopted by that successor organization. Current bankruptcy laws may permit the use or transfer of this information.

Third Party Collection of Personally-Identifying and Other Information

As Nolita Wine Merchants has its own privacy policy, so do most other Internet-related services providers. The Site contains advertising and content provided or served by third parties, information about and links to promotional activities conducted by third parties, and links to third-party websites. Users may also link to the Site by means of links on third party websites, and may receive information about Nolita Wine Merchants and the Site by clicking on advertising located on third party websites and elsewhere. Nolita Wine Merchants’ Privacy Policy binds none of those third parties; any or all of them may use cookies, Web beacons or other technology or devices to gather information about Users. Before clicking on, accessing or otherwise using or consuming any third party advertising, information or links, or before clicking on any advertising or link on any third party website, Users should review those third parties’ privacy policies, if any, and take those steps necessary to, in their discretion, protect their privacy. 

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.

Privacy Policy Changes

Although most changes are likely to be minor, Nolita Wine Merchants may, in its sole discretion, change its Privacy Policy from time to time. It is the responsibility of each User and Customer to check the date of this policy, as set forth below, to ensure that they are aware of the terms and conditions of the then current policy. Any and all changes to Nolita Wine Merchants’ Privacy Policy will be reflected on this page. 

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:

http://www.ftc.gov/privacy/privacyinitiatives/childrens.html

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?

Please contact us to report any known or suspected privacy or security breaches, or to submit privacy or security related questions or complaints. If you have questions about our Privacy Policy, e-mail at info@nolitawinemerchants.com or write us at:

Nolita Wine Merchants

227 Mulberry Street
New York, New York 10012 

 

Will this Nolita Wine Merchants’ Privacy Policy CHANGE?

As our Site and business will continue to implement new technologies and improve the services and features we provide, this policy is subject to change. If there are changes or additions to this Privacy Policy we will post those changes here and may post them in other formats we deem acceptable, in our sole discretion, so that you will always know what information we collect online, how we use it and the choices you have. If we change our information practices or this Privacy Policy, we will post the changes to this policy.

This policy is effective as of and was last updated on March 13, 2013.

 

 

 

 


©2013 Nolita Wine Merchants