This is the Privacy Policy for Vintiga Labs, Inc. (“Vintiga Labs,” “us” or “we”) governed by and part of our Terms of Service. This Privacy Policy explains how we collect and use information on a business-to-business basis when providing wineries, breweries, and distilleries that subscribe to our paid Services (“Subscribers”) with the Vintiga platform (“Vintiga”) or our mobile application, or from visitors to our website (collectively, the “Services”). BY USING OR ACCESSING OUR SERVICES IN ANY MANNER, YOU ACKNOWLEDGE AND CONSENT TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. If you do not agree with this Privacy Policy, do not use our Services.
Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Service. We may provide additional notices about our privacy practices, each of which will be considered to form part of this Privacy Policy. Please read this Privacy Policy carefully to understand our privacy practices.
1. PERSONAL DATA
When we say, “Personal Data,” we mean information that meets the statutory definition of Personal Data, personal data, or personally identifiable information under applicable data protection laws, or information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or household. Below are examples of categories and types of Personal Data:
- Identifiers (e.g., name, address, telephone number, email address, username);
- Employment-related information (e.g., current or past employment);
- Internet or other similar activity (e.g., IP address, geolocation, browsing history);
- Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
- Protected classification information (e.g., race, ethnicity, citizenship, marital status, medical condition, sex, sexual orientation, veteran or military status);
- Biometrics (e.g., keystrokes, behavioral or biological data or characteristics that can be used to identify an individual);
- Sensitive Personal Data (e.g., birthdate, government ID, health data);
- Non-public educational information, including information protected under FERPA; and
- Inferences drawn from the Personal Data collected to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes.
Not all information about a person is their “Personal Data.” Privacy laws sometimes exclude certain information from legal protection, for example: (i) publicly available information, such as information in government records or information that is lawfully made available to the general public, (ii) aggregated information, meaning data about a group or category of services or users from which individual identities and other Personal Data has been removed, or (iii) deidentified information that cannot be easily linked back to the individual.
2. VINTIGA LABS PRIVACY PRACTICES
Vintiga Labs provides the Services on a business-to-business basis. Vintiga Labs has no direct relationship with the customers or guests of Subscribers whose Personal Data (“Guest Data”) is collected and processed by our Subscribers. Subscribers use Vintiga and our related Services for point-of-sale, payments, and Guest Data in one seamless platform. Vintiga Labs has no control over the type or scope of Guest Data or other information collected, used, or stored by our Subscribers (“Subscriber Data”). Subscriber Data belongs to the Subscriber and is collected, processed, stored, shared, and disclosed by each Subscriber according to its own terms of use and privacy policies. Subscriber Data is not subject to this Privacy Policy, and Vintiga Labs is in no way responsible for such Customer Collected Information.
Vintiga Labs only collects, uses, retains, and discloses Personal Data as reasonably necessary and proportionate to provide the Services to Subscribers or for other purposes that we disclose to you and are compatible with the context of how we collected your Personal Data. Our Services are designed to help Subscribers collect Personal Data in the categories of identifiers, employment-related information, commercial information, and internet or similar activity. Note that Subscribers may choose to use the Services to collect additional categories of Personal Data according to the Subscriber’s privacy practices (not ours) to the extent permitted by our Terms of Service.
Vintiga Labs processes Personal Data through the Services as described below:
- When Subscribers register and create an account on the Services, the administrator of the Subscriber’s Vintiga account will provide a first and last name, company name and related information, job title, email address, password, user status, and a PIN code. The administrator can choose to submit email addresses for Authorized Users (defined below) the Subscriber wants to add to the account. Vintiga Labs will also process any Personal Data the Subscriber chooses to include in the Subscriber Data submitted to the Services. We use this information to set up the Subscriber’s account and facilitate the Subscriber’s use of the Services as a processor or service provider. We may also use Subscriber identifiers to share details about our Services, promotions, or marketing messages according to their stated preferences.
- Authorized Users. Subscribers may invite employees or other authorized end users (“Authorized Users”) to use the Services through their Subscription. The Authorized User must accept the Subscriber’s invitation and agree to the Terms of Service to access the Services. For each Authorized User, we collect first and last name, email address, password, job title, and user status. Authorized Users can add details to the Subscriber’s business profile (such as business name, category, contact information, and business logo), add Guest Data or other Subscriber Data if permitted by the Subscriber, and interact with the Services features according to the Subscriber’s policies and the Terms of Service. Vintiga Labs processes this information as a service provider or processor to provide the Authorized User with a login to access and facilitate use of the Services on behalf of the Subscriber.
- Guest Data. Subscribers can use the Services to collect and process Guest Data like name, address, email address, birthday, marketing and communication preferences, transaction history or shopping details, and notes or tags. Subscriber is solely responsible for the collection and processing of Guest Data on the Services, such as notifying Guests and identifying a lawful basis for processing Guest Data on the Services in compliance with applicable privacy laws.
- No Sensitive Personal Data. Neither Subscriber nor its Authorized Users should submit any sensitive Personal Data to the Services. If Subscriber submits Guest Data or Personal Data about Authorized Users or third parties, Subscriber represents that Subscriber has obtained all necessary consents and authorizations to do so. Vintiga Labs processes this information as a service provider or processor to Subscriber with Subscriber’s consent, and we use it to provide the Services, identify and administer the account, and communicate with Subscriber about the Services.
- Website Visitors. If you visit the website or contact Vintiga Labs by email, phone, or other means to request information or support, we will collect your name, company name, contact information, and other information as needed to respond to your inquiry. If you submit a review of the Services, we may post your review (and any Personal Data you choose to include) on the website or our third-party channels. We collect this information with your consent, and we use it to provide the Services, identify and administer your account, and communicate with you about the Services.
- Vintiga Labs does not collect, store, or process credit card numbers or full payment card details on our servers. All payments are processed by a third-party payment processor in compliance with PCI DSS standards.
- Automatically from your interactions with the Services. The Services automatically collect technical data like device UDID, usage statistics, and content interactions. We may also collect your geolocation when using the App if you grant permission through your device settings. We use this information to maintain the security and operation of the Services, and for our internal analytics and reporting purposes.
Additionally, Vintiga Labs might also use the Personal Data submitted to the Services to:
- Provide, maintain, and improve our Services.
- Send support and administrative messages.
- Monitor your compliance with any of your agreements with us.
- Detect, investigate, and prevent fraudulent transactions and other illegal activities and protect the rights and property of Company and others.
- Conduct internal research and development to improve our Services.
- Perform data analytics to understand usage patterns and trends.
- Train and improve artificial intelligence and machine learning models used in the Services (using only aggregated or de-identified data unless you provide specific consent).
- Protect your privacy and enforce this Privacy Policy.
- If we believe it is necessary, to identify, contact, or bring legal action against persons who may be causing injury to you, to us, or to others.
- Comply with a law, regulation, legal process, or court order.
- Fulfill any other purpose for which the information was collected or to which you consent.
Vintiga Labs will update this Privacy Policy or otherwise notify you before we collect additional categories of Personal Data from consumers or use such Personal Data for purposes that are incompatible with the purpose stated at the time of collection.
3. SERVICES NOT INTENDED FOR CHILDREN
The Services are designed for individuals age 18 or older. Vintiga Labs does not knowingly collect Personal Data from anyone under age 18 without verification of parent or guardian consent. If we discover that a child under age 18 has provided us with Personal Data without parent or guardian consent, we will promptly delete the information from our systems. If you believe we might have any information collected online from a child under 18, or if you become aware of any unauthorized submission of information to us, please contact us at info@vintigalabs.com.
4. RETENTION OF PERSONAL DATA
Vintiga Labs retains the Personal Data we process for the period necessary to achieve the purpose of collection. Subscriber Data is retained for the duration of your Subscription term. When the Subscription ends, the Subscriber can choose to retrieve the Subscriber Data or instruct Vintiga Labs to delete it. When we no longer have a business need for your Personal Data, we will either delete, de-identify, or anonymize it whenever feasible. Where not feasible (such as data in our backup archives), we will securely store it and keep it isolated from further processing until it can be permanently deleted. We reserve the right to retain Personal Data for longer periods to comply with legal obligations, resolve disputes, enforce our agreements, or other lawful purposes.
5. DISCLOSING PERSONAL DATA
Vintiga Labs does not sell Personal Data to third parties or share Personal Data for cross-context behavioral advertising purposes. Vintiga Labs may disclose any of the Personal Data we process to the recipients described below, or to other recipients with the Subscriber’s or consumer’s permission or as required by law:
- Service Providers: Vintiga Labs uses a variety of service providers such as data hosting companies, marketing campaign services, third-party chatbot providers, and payment processors. The type of information that we share with a service provider will depend on the service that the service provider provides to Vintiga Labs. Our service providers are subject to contractual agreements that protect your Personal Data, and we require all service providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Data and to use Personal Data only for the specific purposes for which it was disclosed.
- If you interact with the chat feature on our Services, Vintiga Labs will collect, process, and record any information, including Personal Data, that you choose to include in your chat conversation. Please note that our chat feature is made possible through our relationship with a third-party service provider, and your chat conversation may be accessible simultaneously and in real-time by that third-party service provider. By initiating or continuing a chat on the Services, you consent to our third-party service provider accessing your chats. If you do not consent to such access to your chats, you should not initiate or participate in a chat on the Services.
- Business Transitions. Under specific circumstances, we may disclose Personal Data to certain third parties as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or asset sale); to comply with a legal requirement or a court order; when we believe it is appropriate to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
- As Required By Law. Occasionally we may be required by law enforcement or judicial authorities to provide Personal Data to governmental authorities. We fully cooperate with law enforcement agencies in identifying those who use our Services for illegal activities. Vintiga Labs reserves the right to disclose Personal Data to law enforcement and other governmental agencies at our sole discretion in connection with an investigation of any matter that is illegal or that could expose us or our affiliates to liability.
- Aggregated and Deidentified Information. We reserve the right to use and disclose to third parties fully anonymized, deidentified, or aggregated data generated using Personal Data to assist with our research, marketing, advertising, or other purposes. For example, we may share reports showing trends about the general use of our Services without identifying an individual.
6. NOTICE OF PRIVACY RIGHTS
This section offers a notice of the privacy rights that may be available to you depending on where you live and how you interact with the Services. This section is provided to Authorized Users and Guests as a courtesy only. EACH SUBSCRIBER IS RESPONSIBLE FOR PROVIDING ITS AUTHORIZED USERS AND GUESTS WITH THE SUBSCRIBER’S OWN LEGALLY COMPLIANT PRIVACY NOTICE. Guests and Authorized Users should submit any privacy-related inquiries to the Subscriber.
The Services are currently made available in the United States, Australia, and New Zealand only, and Vintiga Labs provides this notice of privacy rights under the privacy laws applicable to those markets. Please note that Vintiga Labs does not meet the applicability thresholds for every consumer privacy law, meaning Vintiga Labs is not subject to certain privacy laws. We will respond to your requests to exercise privacy rights or for other assistance to the extent required by law.
Depending on where you live or are located, you may have some or all of the following rights over your Personal Data:
- Right to Know. This Privacy Policy provides you with the necessary notices of how your Personal Data is collected and processed through our Services. We may provide you with additional notices about other ways we process your Personal Data, such as by sending you a notice via email or by other means of communication.
- Right to Expect. You can expect us to collect, use, or disclose Personal Data responsibly and not for any purpose other than the purpose of collection or for which we have a lawful basis. We set your expectations in this Privacy Policy. If we collect or use your Personal Data based on your consent, we will also notify you of any changes and will request your further consent as required by law, and you may withdraw your consent at any time with reasonable notice by contacting info@vintigalabs.com.
- Right to Correct. If you become aware that the Personal Data that we hold about you is incorrect, we will correct it. If your information changes, please inform us and we will update our records.
- Right to Deletion. You may request that we delete or dispose of your Personal Data on our systems. In response to a request for deletion, we may permanently delete, deidentify, or aggregate the Personal Data, subject to certain exceptions.
- Right to Access. You may have the right to request confirmation that we have collected Personal Data about you and that we provide you with access to that Personal Data. If you submit an access request, we will provide you with copies of the requested pieces of Personal Data in a portable and readily usable format. Please note that certain laws may prohibit us from disclosing specific pieces of Personal Data, and we may be limited in the number or frequency of requests we must fulfill.
- No Personal Data Sale or Sharing. Some states entitle consumers to opt out of the sale or sharing of Personal Data or targeted advertising practices. Vintiga Labs does not sell your Personal Data or share your Personal Data with third parties for cross-contextual behavioral advertising purposes. If this changes in the future, we will update this Privacy Policy and provide you with a method to opt out of such sale and sharing.
- Limited Use and Disclosure of Sensitive Personal Data. You may have the right to opt out or limit our use of your sensitive Personal Data. Vintiga Labs does not seek to collect sensitive Personal Data about any Authorized User or other individual. In no case will we use or disclose any sensitive Personal Data for the purpose of inferring characteristics about you. If this ever changes in the future, we will update this Privacy Policy and provide you with methods to limit use and disclosure of sensitive Personal Data.
- Right to Opt-Out of Automated Processing. Vintiga Labs does not use automated processing of Personal Data to evaluate, analyze, or predict your performance, preferences, choices, or behavior. To the extent that the Services incorporate artificial intelligence or machine learning features, any data processing (including Personal Data) is solely to provide and improve the Services, and all significant decisions require human review. You can avoid automated processing of Personal Data on the Services by requesting human intervention in any automated decision.
- Right to Data Portability. In some cases, we are required to provide your Personal Data to another organization at your request and in a structured, commonly used machine-readable format, so that the other organization can read and use it.
- Right to Confirm Processing. You may request that we confirm whether and how we process your Personal Data and that we provide you with certain details about our collection and use of your Personal Data, such as: (i) the categories of Personal Data we have collected about you; (ii) the categories of sources for the Personal Data we have collected about you; (iii) categories of our team members who have access to your Personal Data and our business purpose for collecting, using, processing, sharing or selling that Personal Data, as applicable; (iv) the categories of third parties with whom we share that Personal Data; and (v) if we sold or shared your Personal Data under the applicable privacy laws, two separate lists stating: (a) sales or sharing, identifying the Personal Data categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the Personal Data categories that each category of recipient obtained. Certain laws may limit the number or frequency of requests we must fulfill.
- Right to Restrict Processing. You may have the right to request that we restrict the processing of your Personal Data if (i) the data is inaccurate, (ii) the processing is unlawful, (iii) we no longer need the Personal Data, or (iv) you exercise your right to object. Your right to restrict may be limited to Personal Data that is sensitive in nature, or that is sold or shared for certain purposes.
- Right to Object to Processing. You may have the right to request, under certain circumstances and where we are required to do so by law, that we limit our processing of your Personal Data as you request.
- Health Data Rights. The Services are not designed to be used to collect health data. Vintiga Labs does not collect health data, and we do not anticipate that your health data will be collected through the Services. Some laws entitle consumers to certain details about health data collected about them, including (i) confirmation of whether the entity collects, shares, or sells the consumer’s health data and access that data, including a list of all third parties and affiliates with whom the entity has shared or sold the health data and a method to contact those third parties, (ii) a method to withdraw consent related to use of health data, and (iii) the right to have their health data be deleted.
- Right to Nondiscrimination. Vintiga Labs will not discriminate against you for exercising your privacy rights. For example, unless permitted by law, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; (iv) retaliate against you as an employee, applicant for employment, or independent contractor for exercising your privacy rights; or (v) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under applicable privacy laws.
- Right to Disclosure of Marketing Information. California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding Personal Data sharing with affiliates and/or third parties for marketing purposes.
7. PRIVACY CONTROLS AND REQUESTS
Please follow these instructions to control the processing of your Personal Data via the Services:
- Account Settings. Subscribers and Authorized Users can control their Personal Data in their accounts by logging in and saving their changes.
- Email Communications. Subscribers and Authorized Users may receive informational and support emails from us. If you use or have inquired about our Services, we may send you marketing emails about the Services. If you do not wish to receive these emails, you may change your preferences via the links provided in the emails or by sending a request to info@vintigalabs.com to be removed from our email list. If you opt out of marketing communications, we may still send you non-promotional communications, such as those about your account or our ongoing business relations. Vintiga Labs is not responsible for any emails or other communications sent by Subscribers to their Guests or Authorized Users.
- Texting Consent. If you provide us with your wireless phone number, you consent to Vintiga Labs sending you informational or service text messages. However, we will only send you marketing text messages if you opt-in to receive these notifications from us. For all Vintiga Labs text messages, the number of texts you receive will depend on the Services you use and the information you request from us. You can unsubscribe from our text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
- Privacy Requests. Guests should direct any privacy inquiries to the winery, brewery, or distillery Subscriber that uses the Services to process the Guest’s Personal Data. Vintiga Labs will not fulfill privacy requests directly with Guests.
For privacy requests or support, Subscribers and Authorized Users should contact Vintiga Labs at info@vintigalabs.com.
Vintiga Labs can only fulfill a privacy request when we have sufficient information to verify the requester and to understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We work to respond to privacy requests in accordance with the requirements of the law applicable to your jurisdiction. Depending on the circumstances and the nature of your request, we may be unable to fulfill your request in part or in whole, for example, if your request falls within a statutory exception or if fulfilling your request would prevent us from complying with a statutory or contractual obligation. As noted above, Vintiga Labs is not subject to all privacy laws. We will respond to your requests to exercise privacy rights or for other assistance to the extent required by law.
- Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests. We honor Global Privacy Control (GPC) signals as an opt-out of the sale or sharing of Personal Data where required by law. If this changes in the future, we will update this Privacy Policy.
To exercise these rights, please contact us at info@vintigalabs.com.
8. DATA SECURITY
Vintiga Labs implements reasonable and appropriate security procedures and practices to help protect Personal Data on our systems from unauthorized or illegal access, destruction, use, modification, or disclosure. We employ a series of security measures, including, but not limited to, unique password and multi-factor authentication requirements, SSL/TLS encryption for data in transit technology, encryption at rest, regular security audits and vulnerability assessments, backup protocols, incident response procedures, and periodic system audits. Vintiga Labs personnel only have access to Personal Data on our systems as needed to perform their job duties, and we ensure that all personnel who are responsible for handling Personal Data and privacy inquiries are informed of applicable privacy law requirements.
Please note, however, that no data transmission or storage of data is 100% secure. We cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Data for improper purposes. It is your responsibility to keep your account secure from unauthorized access. We encourage Authorized Users to take steps to protect against unauthorized access to their accounts, such as choosing a robust password, not sharing login credentials with others, and signing off after completing a session. Vintiga Labs is not responsible for any lost, stolen, or compromised login credentials, or any activity on your account using your login credentials.
If you suspect a security incident or vulnerability related to the Services, please contact info@vintigalabs.com.
9. CONSENT TO DATA TRANSFERS
Vintiga Labs is owned and operated in the United States. Each country has different laws about Personal Data, online services, and privacy. Vintiga Labs uses technical infrastructure in the United States to provide the Services to subscribing companies wherever they are located as agreed to under our Terms of Service and, as such, we must sometimes transfer data across jurisdictional boundaries to provide our Services to Subscribers.
When your information is moved from your home country to another country, the laws and rules that protect your Personal Data in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access Personal Data may vary from country to country. If your information is in the US, it may be accessed by government authorities in accordance with US law. We do not warrant that the Services are appropriate or authorized for use outside the United States.
By allowing us to process your Personal Data, you acknowledge the transfer and processing of your Personal Data as described in this section. You may withdraw such consent at any time, though this may affect our ability to provide the Services to you. Subscribers are solely responsible for determining whether their use of the Services complies with applicable laws.
10. THIRD PARTY WEBSITES
This Privacy Policy does not apply to any third-party websites or platforms. The Services may contain links to websites owned or operated by third parties. We have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party websites. We encourage you to read the privacy statements of each website that collects your Personal Data.
11. CHANGES TO THIS PRIVACY POLICY
We may periodically update this Privacy Policy. If we make any material changes, we will notify you by updating this posting or by posting notice in the Services. The date that this Privacy Policy was last revised is identified at the top of the page. Your continued use of the Services after the “Last Updated” date above will constitute your acceptance of and agreement to be bound by the posted version of this Privacy Policy. For material changes that require consent under applicable law, we will obtain your consent before the changes take effect. You are responsible for periodically checking this Privacy Policy for changes. If you do not agree to our privacy practices as described in the current version of this Privacy Policy, you should not use the Services.
12. CONTACT VINTIGA LABS
If you have questions about our privacy practices or would like to make a complaint, please contact us at info@vintigalabs.com.
You may also contact us by mail at:
Vintiga Labs, Inc.
1210 Lakeview Street
Bellingham, WA 98229
