SUMMERLAND® PRIVACY POLICY

Protecting Your Privacy

Summerland® is committed to keeping your personal information safe. We want to earn your trust by telling you how we collect, use and safeguard information you provide to us. Please read this privacy policy carefully. If you do not agree with our practices, please do not register, subscribe, create an account, make purchases or otherwise interact with Summerland® at www.summerlandwine.com (the “Site”). By visiting and using the features on the Site (including mailing list sign up, membership sign up, registration and browsing), you accept the practices described in this privacy policy. This policy does not govern the terms of our relationship or constitute any representation or warranty. The terms of our relationship are governed by our Terms and Conditions.

Review Our Privacy Policy

Use the links below to navigate to specific information about our privacy policy.
• Protecting Your Privacy
• Security
• Personal Information Collected By Summerland®
• Use of Personal Information
• Chat Rooms and Forums
• Legal Disclaimers
• Aggregate Information
• Anonymous Information/Cookies
• Edit Your Information or Opt Out
• Gift Recipients
• Questions
• Changes to this Privacy Policy
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Protecting Your Privacy

Summerland® is the sole owner of the information collected on this Site. We make every effort to ensure that any data that we store about you is kept secure. This privacy policy discloses our practices for the gathering and use of information from visitors to our Site.

Security

We encrypt all of our online ordering information including your name, address, and credit card numbers, to protect your billing information as it travels through the purchase system. In addition, all credit card transactions are verified and processed by a third-party financial institution that receives credit card numbers and other personal identifying information in an encrypted format. We take appropriate security measures to protect user data offline as well. Although we use our best efforts to protect the security of your information and our system, no security measures can be guaranteed to be 100% secure. You assume that risk by using the Site.

You do not need to set up a user id and password to use our Site because we do not require you to establish your identity when you visit our Site. However, if you have subscribed for some of our services, wish to become a member or are a customer seeking access to your account information, you will have to provide passwords. We recommend you do not divulge your password to anyone. Summerland® will never ask you for your password in an unsolicited telephone call or e-mail. You are responsible for the secrecy of your passwords.

Personal Information Collected by Summerland®

We collect certain non-personal, anonymous information when you visit our Site which helps us understand how visitors browse our Site, so that we can make the shopping experience better. In addition, we may also collect certain personal information that you provide to us, including name and email address, mailing address, birthday and other information if, for example, you complete our order forms, surveys, or registration forms, subscribe to our services or newsletters, become a member, or participate in one of our contests or sweepstakes.

Use of Personal Information

Personal information may be used in several ways:

• To enable us to respond to you or to process, validate, and verify service requests and to perform the requested services
• To allow us to charge and invoice you and to contact you regarding changes to the subscribed services
• To give our Site designers information that is useful for developing new features and services
• To tailor the customer’s experience on our Site, showing them content we think might interest them or altering the content according to their preferences
• To keep friends, members and customers apprised of our wine release dates, purchasing opportunities, special events and offers

We do not provide or sell your contact information to other parties, except as otherwise disclosed in this statement. Although we work with third parties, such as outside shipping companies and credit card processing companies, we require all such third parties to keep any information they receive confidential and to use any information provided only to provide services on behalf of Summerland® and the customer. We will retain your information for as long as your account is active or as necessary to provide you services and to maintain a record of your transactions for financial reporting and compliance purposes. If at any time you would like to remove your name or update the information you have provided, you may go to the Edit Your Information section of the Site.

Chat Rooms and Forums

Our Site may host or link to chat rooms, forums, message boards, social media and news groups. Any information you disclose in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information to people you do not know. If you disclose your e-mail address in a chat room or forum, you may receive unsolicited e-mails or spam from third parties. We cannot safeguard the privacy of any such information you choose to disclose online in this manner and you must do so carefully and at your own risk.

Legal Disclaimers

Summerland® reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site.
This Site may contain links to other sites. Summerland® is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each site that collects personally identifiable information. This privacy statement applies solely to information collected by this Site.
Summerland® reserves the right to modify this privacy statement at any time, with or without notice to its customers.

Aggregate Information

We may collect and accumulate anonymous data that helps us understand and analyze the internet experience of our visitors. For example, we may accumulate visitor data relating to referring domains, the type of browsers used, operating system software, screen resolutions, color capabilities, plug-ins, language settings, cookie preferences, search engine keywords and JavaScript enablement. We may also record number of visits, paths taken, and time spent on sites and pages.

Summerland® may share aggregate statistical information gathered from use of the Site with advertisers, business partners, sponsor or other third parties. For example, we may tell an advertiser that X number of visitors visited a certain area on a web site or that ABCdomain referred Y number of visitors to our website.

Anonymous Information/Cookies

Your browser offers cookies that store small amounts of data on your computer about your visits to our Site. Cookies assist us in tracking which of our features you like best. And when you re-visit our Site, cookies can enable us to recognize that you are a return visitor and to customize our content according to your preferences. However, cookies tell us nothing about you personally unless you choose to give us additional information. Among other things, we may use cookies to:

• Keep count of your return visits to our Site
• Accumulate and report anonymous, aggregate, statistical information on Site usage
• Deliver content specific to your interests
• Save your password so you don’t have to re-enter it each time you visit our Site

In general, we do not use cookies to identify, monitor, or track any personally identifiable information. We do not merge or associate our cookie information with any personally identifiable information obtained by us. However, we may share select personal and non-personal information with a third party advertising partner and its service providers in order to deliver tailored advertising to you that matches your interests when you visit our Site as well as other websites. Our advertising partner will make the data that we provide anonymous so that no one else will receive your personal information.
You may opt-out of the use of your information for tailored advertising purposes. To learn more about the use of this information or to choose not to have this information used by our third-party advertising partner by opting out, please visit the Network Advertising Initiative by clicking here. If you delete your Cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice.

You have control over cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you reject some or all cookies, your experience at our Site and on other sites may not be complete. Some sites require cookies to function, such as those with certain e-commerce features. If you do not allow cookies, you will not be able to take advantage of personalized content delivery offered by us or other internet sites.

Edit Your Information or Opt Out

We may contact any customer or member at any time regarding service-related problems or questions, but we otherwise want you to have control of your personal information and the communications directed to you. Therefore, you can review, correct, change, or remove your personal information and elect not to receive future communications from us by e-mailing us at: tastingroom@summerlandwine.com To protect your privacy and security, we take reasonable steps to verify your identity before granting access or making changes.

Gift Recipients

If you send a gift from our Site, we will collect and use the information provided to us about you and the gift recipient in line with our stated policies for direct purchasers. Gift recipients can opt-out of receiving any emails or newsletters by contacting us at: tastingroom@summerlandwine.com

California Do Not Track Disclosures

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals.

Your California Privacy Rights

California Civil Code sections 1798.83-1798.84 give California residents the right to ask us for a notice describing the categories of personal information we share with third parties for their direct marketing purposes. Upon request, we will identify the categories of information shared and will include a list of the names and addresses of third parties with which it has been shared. If you are a California resident and would like a copy of this notice, please submit a written request using the contact information set forth below. Please allow 30 days for a response. If your request is received by a different method, please allow 150 days for a response. Please note that we are only required to respond to one request per customer each year.

Questions

If you have any questions about this privacy statement, our online practices, or your dealings with our Web sites, you can contact:

Summerland Winery
Attn: Legal/Compliance
35 Industrial Way
Buellton, CA 93427
tastingroom@summerlandwine.com

Changes to the Privacy Policy

This Privacy Policy was last updated March, 2019

GENERAL TERMS AND CONDITIONS

Using the Site constitutes your agreement to the terms and conditions listed below. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this Site or any information or materials contained on this Site. Summerland® reserves the right to update or revise these terms at any time with or without notice to you. Please check this page periodically for changes. Your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.

By using this Site, you agree that you are responsible for maintaining the confidentiality of any account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Summerland® reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

You are responsible for compliance with applicable local laws, keeping in mind that access to the Summerland® Site may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Summerland® to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Summerland® in writing. These Terms and Conditions will inure to the benefit of Summerland®, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

Our website is created and maintained by Summerland® in the State of California, USA. Please be advised that the laws of the State of California and controlling United States federal laws govern these disclaimers, terms, and conditions without giving effect to any principles of choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Santa Barbara County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the Site. We reserve the right to make changes to our Site and these disclaimers, terms, and conditions at any time.

Summerland® is a brand wholly owned by Terravant Wine Company, LLC. Where appropriate, references to “Summerland®” as used in these Terms and Conditions and in the Privacy Policy shall be read to include Terravant Wine Company, LLC.

The Summerland® logo design, trademarks, icons and custom graphics are protected by Summerland®. By using this Site, you acknowledge that the content, images and products available on and through this Site (collectively, “Content”) are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Summerland® grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Summerland®. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Summerland®. Any unauthorized use terminates the permission or license granted by Summerland®. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Summerland® so long as the link does not portray Summerland®, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Summerland® logo, graphic, trademark or other proprietary information without express written permission. All other trademarks not owned by Summerland® that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Summerland®. Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense.

From time to time, this Site may also include links to other websites. These links are provided for your convenience to provide further information. We have no responsibility for the content of the linked website(s).

Despite our best efforts, errors can and do occur and we sincerely apologize in advance for inaccuracies relating to product descriptions, pricing, and availability. Please understand that we reserve the right to correct errors and omissions without prior notice and to cancel any offered product or service in the event of an error or omission.

The Sale of Alcoholic Beverages

Legal Requirements. Summerland® does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from Summerland® is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from Summerland® is intended for personal consumption and not for resale. In the event that you choose to share information about the Summerland® website or its products to others via social media or any other means, you must take care to ensure that such information is not directed to persons under 21 years of age. If you do not agree with these conditions of use, please do not use this Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Summerland® shall have the right to take action against you or seek indemnification from you for any suit to which Summerland® may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, Summerland® hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.

Sales and Shipping. Our wine is offered for sale on this Site to adults of legal drinking age and only to states where shipping is permitted.

Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. Summerland® is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment.

All wines are sold in California and title passes to the buyer in California. Summerland® makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California. The buyer is solely responsible for shipment of wines. By placing an order, you are authorizing Summerland® to act on your behalf to engage a common carrier to deliver the items in your order.

Please note that Summerland® may not be able to ship wine to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. Summerland® will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that Summerland® in its sole discretion believes that such shipment will not subject Summerland® to the risk of any sort of legal action or other harm. If a buyer lives in a state where the direct shipment of wine by Summerland® may violate the law, we will contact the buyer to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.

An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult aged 21 years of age or older will be present and available to sign for your shipment. Summerland® will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.

Returns and Exchanges. Customer satisfaction is our number one priority. We stand behind our wine quality and the process of crafting great wine. If you are unsatisfied with your purchase, please contact us at tastingroom@summerlandwine.com and we’ll do our best to make it right. Please note that California places certain restrictions on our ability to accommodate returns and exchanges. We will assess each request individually in accordance with applicable law.

Wine Club Membership. Summerland® has the right to cancel the membership of any customer, for any reason, at any time, with or without notice.

Members must comply with all applicable laws in the creation of personalized wine labels or Site content, including but not limited to copyright, trademark and other intellectual property laws, and state and federal regulations related to the marketing and labeling of alcoholic beverages. Summerland® retains the right to remove any wine marketed on the Site or remove any user generated content from the Site at any time and for any reason, in Summerland’s® sole discretion, with no recourse to the member or customer.

In order to utilize Membership services or product offerings, the user of such services or product offerings must pay Summerland® a recurring subscription charge, or other fees.

If you sign up for a Summerland® Wine Club Membership subscription, you agree to pay Summerland® all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. In addition, the user is responsible for any state or local sales taxes associated with the product offerings purchased. You also authorize Summerland® to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges may vary depending on the subscription plan you select. Summerland® reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

To the extent you elect to purchase other services or product offerings we may offer for a fee, you authorize Summerland® to charge your chosen payment provider for the services and/or products you purchase. You agree that if Summerland® already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services/products you purchase.

SUMMERLAND® PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL PERIODS AT THE FREQUENCY DISCLOSED TO YOU WHEN YOU ORIGINALLY SUBSCRIBED.

CELLARING OF CLUB SELECTIONS UP TO 90 DAYS. THEREAFTER, WE WILL AUTOMATICALLY SHIP YOUR WINE TO THE ADDRESS ON FILE AND YOU WILL BE RESPONSIBLE FOR THE SHIPPING FEES.

IF YOU DECIDE TO CANCEL YOUR SUBSCRIPTION (3 SHIPMENT MINIMUM or PAY A $75 EARLY CANCELLATION FEE), YOU ACKNOWLEDGE AND AGREE THAT YOU MUST PROVIDE WRITTEN NOTICE AT LEAST 30 DAYS PRIOR BEFORE THE NEXT SCHEDULED BILLING PAYMENT DATE OTHERWISE YOU WILL BE BILLED FOR AN ADDITIONAL CLUB.

You may cancel your wine membership in accordance with these Terms and Conditions by contacting Summerland’s customer service department at club@summerlandwine.com

Except as described herein or on the Site at the time you subscribe, all payments for services/products are non-refundable. No refunds or credits for unused or partially used products will be issued.

Drink Responsibly. Summerland® does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of our products.

Disclaimer of Warranties

ALTHOUGH SUMMERLAND® ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SUMMERLAND® SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SUMMERLAND® SITE. SUMMERLAND® DOES NOT WARRANT THAT YOUR USE OF THE SUMMERLAND® SITE, OR THE OPERATION OR FUNCTION OF THE SUMMERLAND® SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE SUMMERLAND® SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. SUMMERLAND® AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SUMMERLAND® SITE. THE SUMMERLAND® SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL SUMMERLAND® AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SUMMERLAND® SITE, THE USE OR PERFORMANCE OF THE SUMMERLAND® SITE, THE DELAY OR INABILITY TO USE THE SUMMERLAND® SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SUMMERLAND® SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SUMMERLAND® SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUMMERLAND® OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SUMMERLAND® SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUMMERLAND® SITE.

Accessibility. We are committed to providing a fully accessible and optimized user experience for all site visitors, regardless of vision or other impairments. Should you experience any difficulty in accessing this website, please call 805-686-9400 during normal business hours for assistance with this website, including learning more about our wines, placing an order, or visiting us. All constructive feedback regarding the accessibility or usability of this website is welcome and will be carefully considered.

NOTICE TO CALIFORNIA RESIDENTS

Proposition 65 (Prop 65) is a state ballot initiative intended to protect California citizens and the state’s drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals.

For more information about Prop 65 and the list of chemicals requiring disclosure, please visit http://www.oehha.ca.gov/prop65.html.

Prop 65 entitles California consumers to warnings for the following products:
Alcoholic Beverages, Including, Without Limitation, Beer, Malt, Beverages, Wine, and Distilled Spirits

WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.

Canned and Bottled Foods and Beverages

WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA

Website Content: Copyright ©2019 Summerland®

Contact Information
Summerland Winery®
35 Industrial Way
Buellton, CA 93427

We value your patronage and welcome comments, queries, and suggestions: please email us at tastingroom@summerlandwine.com