TERMINATION OF YOUR MYRTLELEAFWINE.COM ACCOUNT
MyrtleLeafWine.com may terminate your MyrtleLeafWine.com account with or without cause at any time, effective immediately.
INACTIVITY NOTICE PRIOR TO TERMINATION OF ACCOUNT
MyrtleLeafWine.com reserves the right to terminate any account that has been inactive for 12 (twelve) consecutive months. During the eleventh month of inactivity MyrtleLeafWine.com will notify account owners via email of their inactivity and the scheduled account termination. An inactive account is any account in which the user has not logged in for 12 (twelve) consecutive months.
NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
MyrtleLeafWine.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. MyrtleLeafWine.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MyrtleLeafWine.com shall immediately issue a credit to your credit card account in the amount of the charge.
MODIFICATIONS TO PRICES OR BILLING TERMS
MYRTLELEAFWINE.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
MyrtleLeafWine.com shall be excused from performance under the Terms of Service if MyrtleLeafWine.com is prevented, forbidden, or delayed from performing, or omits to perform, any act or requirement under the Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure, or other circumstance beyond the control of MyrtleLeafWine.com.
The following provisions shall survive any termination of the Terms of Service: No Warranty from MyrtleLeafWine.com, Limitation of Liability, Indemnity, and General Provisions.
Any dispute or claim relating in any way to your use of any MyrtleLeafWine.com service, or to any products or services sold or distributed by MyrtleLeafWine.com, will be governed by the laws of the state of California and may be submitted in small claims court where applicable. Notice of disputes must be sent in writing to Myrtle Leaf California Wine Company LLC c/o Legal Department, 16944 Ventura Boulevard, Suite 5, Encino, CA 91316.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any MyrtleLeafWine.com service, you agree that the laws of the state of California and any applicable federal law, without regard to principles of conflict of laws, will govern the Terms of Service and any dispute of any sort that might arise between you and MyrtleLeafWine.com.
If you have any questions about the Terms of Service, please contact us.
The Terms of Service were updated December 10, 2020.
MyrtleLeafWine.com has agreed to notify users of:
What personally identifiable information MyrtleLeafWine.com collects.
What personally identifiable information third parties collect through the web site.
What organization collects the information.
How MyrtleLeafWine.com uses the information.
With whom MyrtleLeafWine.com may share user information.
What choices are available to users regarding collection, use, and distribution of the information.
What measures MyrtleLeafWine.com takes to protect the information under its control.
How users can correct any inaccuracies in the information.
or by mail at Myrtle Leaf California Wine Company LLC, 16944 Ventura Boulevard, Suite 5, Encino, CA 91316.
INFORMATION COLLECTION AND USE
Myrtle Leaf Wine California Wine Company LLC is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in any way that varies from what is disclosed in this statement. MyrtleLeafWine.com collects information from our users at several different areas on our site.
You may receive information regarding new features, services, and special offers we think you will find valuable. We may also share information with carefully selected business partners. These businesses may use the information we share to provide valuable opportunities and offers. If you would like to opt out of future mailings from MyrtleLeafWine.com, please follow the procedure outlined in the Choice/Opt-out section below. When we present you with the opportunity to receive marketing opportunities from our business partners we will not automatically subscribe you for these promotions, rather we will provide you with the opportunity to opt-in to these third party marketing programs.
Upon request, MyrtleLeafWine.com will provide you with information about whether we hold any of your personal information. You may also access the personally identifiable information you have submitted to MyrtleLeafWine.com by selecting “Your Account” and editing the information as it exists in our system currently. You are also able to access your information in order to update or delete it by sending us an email at [email protected]
We will respond to your request within a reasonable time frame. For users of the Community section of MyrtleLeafWine.com, please see “Writing Reviews/Community” section below.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
No registration is required in order to use this website, though a user must create an account prior to completing any purchase. Users are required to provide their name, date of birth, email address, zip code, and a password of 6-16 characters in length. This information is necessary in order for us to contact users about services on our site for which they have expressed interest. It is optional for the user to provide a phone number, but we encourage you to do so in order to have an alternate means of contact regarding an order.
If you choose to write a review or post a profile on this web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. To request removal of your personally identifiable information from our blog or community forum, contact us at [email protected]
In some cases, we may not be able to remove your personally identifiable information, in which case we will let you know if we are unable to do so and why. Alternatively, if you used a third-party application to post such information, you can remove it by either logging into the said application and removing the information or by contacting the appropriate third-party application. Members may create a Community profile which allows you to create, publish, and share your wine reviews in a social setting. Here, members can post their photo and bios along with their reviews. Members may access their Community account to update or delete their personally identifiable information and change their privacy settings. To do this simply log into the Community section and edit your profile.
SHARING YOUR CONTENT AND INFORMATION FROM THE MYRTLELEAFWINE.COM MOBILE APP
You own all of the content and information you post on the MyrtleLeafWine.com Mobile App. For content that is covered by intellectual property rights, like photos (IP content), you specifically give MyrtleLeafWine.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the MyrtleLeafWine.com App (IP License).
MyrtleLeafWine.com order forms request data from users including contact information such as name and shipping address; and financial information such as credit card number, expiration date, billing address, and billing phone number. This information is used for billing purposes to verify that the customer is of legal age, and to fill customers’ orders. If we encounter difficulty when processing an order, this contact information is used to contact the user. This information is harvested from a secure area and encrypted for our customers’ protection. It is not sold or shared with anyone else under any circumstances.
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by emailing us at [email protected]
Please note this does not opt you out of being served ads. You will continue to receive generic ads.
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do not normally link this automatically collected data to other information we collect about you. However, we may combine this automatically collected log information with other information we collect about you in order to improve services we offer you, to improve marketing, analytics, or site functionality.
We will not sell, share, or rent this information to others in any way that varies from what is disclosed in this statement. MyrtleLeafWine.com will share aggregated demographic information with its partners and advertisers. This is not linked to any personally identifiable information that can identify any individual person.
We may also share your physical address with carefully selected business partners. These businesses may use the information we share to mail you valuable opportunities and offers. You can opt out of future postal mailings from our business partners by sending an email to [email protected]
We may share your information with third parties who provide services on our behalf to help with our business activities. These companies are authorized to use your personal information only as necessary to provide these services to us. We use an outside shipping company to ship orders and a credit card processing company to bill users for goods and services. These companies do not retain, share, store, or use personally identifiable information for any secondary purposes.
We value your privacy at MyrtleLeafWine.com and will never release any account information to anyone outside of the necessary core groups that help our business function unless our customers give us the authority to do so.
We reserve the right to disclose your personally identifiable information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial or bankruptcy proceeding, court order, or legal process served on our web site or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request and to any other third party with your prior consent to do so.
SOCIAL MEDIA WIDGETS
SINGLE SIGN ON
You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personally identifiable information with us such as your name and email address to pre-populate our sign-up form. Services like Facebook Connect give you the option to post information about your activities on this web site to your profile page to share with others within your network.
The profile you create on our site will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal.
SURVEYS & CONTESTS
Our site requests information from users via surveys and contests. Participation in surveys and contests is voluntary and the user can choose to disclose information or not. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code and age level). Contact information will be used to notify the winners and award prizes. This information may be used for marketing opportunities by MyrtleLeafWine.com if authorized by the registrant and will also be used for purposes of monitoring or improving the use and satisfaction of this site.
When our order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted with the best encryption software in the industry – SSL (Secure Socket Layers) provided by VeriSign, the premier encryption Software Company available today. On a secure page such as our order form, the lock icon on the bottom of web browser switches to locked, as opposed to unlocked, mode and back to open mode when you are just browsing.
We also do everything in our power to protect user data offline. All sensitive information is restricted in our offices. Only employees who need the information to perform a specific job (for example, a Customer Care representative) are granted access to personally identifiable information.
All employees are kept up to date on our security and privacy practices. Every quarter and whenever new policies are implemented, our employees are reminded about the importance of keeping customer data secure and safe at all times. The servers with personally identifiable information are stored in a locked and secure environment.
If you have any questions about the security at our website, you can send an email to [email protected]
SALE OF OUR COMPANY
As a natural consequence of the development of our company, the company could be sold to another company. In the event that another company acquires our company, or a significant portion of our assets is sold to another company, all customer data including financial records and consumer information collected on MyrtleLeafWine.com may be transferred to the new company. You will be notified via email of any such change in ownership or control of your personally identifiable information.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.100 permits customers of MyrtleLeafWine.com (“you”) who are California residents: 1) the right to know what personal information is being collected about you ; 2) the right to know whether your personal information is sold or disclosed and to whom; 3) the right to Opt-Out of the sale of personal information; 4) the right to access your personal information; and 5) the right to equal service and price after exercising your privacy rights.
DISCLOSURE REQUESTS OR DELETION REQUESTS
You have the right to request the disclosure and/or deletion of your collected personal information. Such requests will be fulfilled upon the receipt of a verified request. Verification will require the customer to provide information required to verify identity including but not limited to any three of the following: Name, Address, Previous Purchase, Email Address, or Payment Method.
As California residents, you have the right to request the disclosure of the following:
The categories of personal information collected;
The sources of the personal information;
The business or commercial purpose of collecting;
The categories of third parties with whom MyrtleLeafWine.com shares personal information;
The specific personal information that was collected about you;
The categories of personal information that were sold (if any) and the category of third party to which they were sold; and
The category of personal information that was disclosed for a business purpose.
At no point can we disclose your financial information or account password, even upon a verified disclosure request. We do not possess the personal information of minors.
If your request cannot be verified, we can either treat your request as a request to Opt-out, or we can contact you for more information to verify your identity. You should expect a confirmation email that your information has been deleted or disclosure of information within 45 days. Deletion includes permanent deletion, de-identification, or aggregation of the information. Any information stored on a back-up system or archive can be deleted whenever the system is next used.
Once the verifiable request is received, the consumer’s personal information will be deleted from the business records and we will direct our service providers to do the same from their records if applicable. Limitations and exceptions apply –
We may rightfully retain your personal information if it is collected:
To complete transactions for goods or services, perform contracts, or for anticipated ongoing relationships;
For the detection of or protection from illegal activity or to assist prosecution;
To identify or repair errors;
For free speech or other rights provided by law;
For compliance with California Electronics Communications Privacy Act;
For compliance with the California Consumer Privacy Act;
For the engagement in statistical research in the public interest with consumer informed consent;
For internal uses based on consumer’s relationship with the business;
For legal obligation compliance; and
For otherwise internal uses in a legal matter in context with the reason that consumer provided the information.
MAKING A DISCLOSURE REQUEST OR DELETION REQUEST
Such requests will be acted upon after receipt of a verifiable request. To make such a request, please send an e-mail to [email protected]
with “Request for Disclosure” or “Request for Deletion” in the subject line, or write us at:
Myrtle Leaf California Wine Company LLC
16944 Ventura Boulevard, Suite 5
Encino, CA 91316
Each consumer may make two such requests, free of charge, per 12-month period starting at first request date. Fees may apply if requests exceed the allowed number.
You also have the right to Opt-Out of the selling, sharing, or renting of your personal information. Selling personal information is defined as sharing information for any valuable consideration. Opt-out requests will be completed upon the receipt of your Opt-Out request. There is no verification needed for requests to Opt-out of the sale of personal information.
You may submit an Opt-Out request through the hyper link at the bottom of our Homepage entitled “Do Not Sell My Personal Information.” There, you can also view a list of our partners and reasons why your information has been “shared.” Please note that no account is required in order to Opt-Out or to make a disclosure/deletion request. You can also send an e-mail to [email protected]
with “Opt-Out Request” in the subject line or write us at:
Myrtle Leaf California Wine Company LLC
16944 Ventura Boulevard, Suite 5
Encino, CA 91316
INFORMATION WE POSSESS
Requests can be made on your behalf by an authorized agent. However, verification of your identity will be required in these cases. This verification process may include a handwritten statement authorizing your agent to act on your behalf in addition to the standard verification process.
RIGHT TO NON-DISCRIMINATION