Terms & Conditions

Terms & Conditions

LAST UPDATED: October 24, 2020

These Terms & Conditions govern your access to and use of the African Tradition website and webpages, mobile site and/or app (the "Sites"). The Sites are operated by Peak Creative Co. for certain affiliates that operate under the African Tradition Wine Beer’s brands and associated brands in various states (hereafter, "African Tradition"). 

These Terms & Conditions apply to all persons who visit any of the Sites ("Visitors"), regardless of a Visitor’s purpose, use, or amount of use. In these Terms, "you" and "your" refer to each Visitor and his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer collectively to African Tradition.

Accessing the Sites, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms & Conditions, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms & Conditions). These Terms & Conditions are in addition to any other terms and conditions that may apply to purchases you make in-Store (as opposed to online) at a retail location.

We reserve the right to change these Terms & Conditions or to impose new terms and conditions on use of the Site, from time to time, in which case we will post the revised Terms & Conditions on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use the Sites after we post any such changes or notify you of any material changes, you accept the Terms & Conditions, as modified.

We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms & Conditions or who, in our sole judgment, interferes with the ability of others to enjoy our Sites or infringes the rights of others.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY AND BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

THE SITES ARE ONLY INTENDED FOR VIEWING IN THE UNITED STATES IF YOU ARE 21 YEARS OF AGE OR OLDER. If you do not meet these requirements, you are not authorized by us to use or view any of the Sites.

If you have questions or concerns about our specific terms, please send an e-mail to hello@africantraditionwinebeer.com.  

 

 

Privacy Policy

Your use of our Sites is also subject to our Privacy Policy.

 

Accessibility of Our Sites

SITES, STORES & SERVICES INTENDED FOR PERSONS AGED 21 OR OLDER ONLY

We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site, you represent that you are over the age of 21. Also, African Tradition works diligently to ensure that alcohol beverages are not delivered to anyone who is under the age of 21. By using the Sites, you represent that the person placing an order, picking up the order in our store (called “in-Store pickup” or “ISP”), or receiving a shipment or delivery of alcoholic beverages from us (where permitted) is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.

Your representations are critical to your right to use the Sites. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we may take action to prevent you from accessing the Sites and report your misrepresentation to the appropriate authorities.

CUSTOMERS WITH DISABILITIES

African Tradition strives to make our Sites’ content accessible and user-friendly. Consistent with this goal, we continually strive to meet online usability and design standards recommended by the World Wide Web Consortium (W3C) in its Web Content Accessibility Guidelines 2.0, Level AA (WCAG 2.0 AA) or other standards to the extent required by the Americans with Disabilities Act (ADA).

If you are having difficulty viewing the content on our Sites or navigating our Sites, please contact us at hello@africantraditionwinebeer.com

 

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, and SurfWatch. We do not sponsor or endorse or control any of these companies or their services.

Site Security

We aim to protect your personal information by implementing and maintaining commercially reasonable security, such as by using reasonable organizational, technology and physical safeguards appropriate to the type of the personal information we hold. However, no security controls can be expected to be effective all of the time, and therefore African Tradition cannot ensure or warrant the security of your personal information. We therefore urge you to always use caution when transmitting information over the Internet.

Your Account

You may create a personal account to place an order using the Site for the Store where you, or to participate in our Loyalty program. You have the ability to purchase on our site without creating an account; however, you will need to reenter your personal information each time you use our site in order to make a purchase.

If you create an account, you may be asked or required to provide your personally identifiable information, such as your name, address, phone number or email address (“Personal Information”). Further, if you register on any of the Sites, you may be asked to provide additional information, including your Loyalty Account Number. Please see our Privacy Policy for more information on how we protect your Personal Information.

If you create an online account, you agree to provide truthful, accurate and complete information about yourself as prompted by the online or mobile forms. If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Sites and/or to suspend or terminate your Account.

We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive critical information about African Tradition and/or the Sites.

Your selection and use of an Account username and password, and any other information required for security access and authentication purposes, are subject to these Terms. You agree not to share your username, password and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account complies fully with these Terms & Conditions. You acknowledge and agree that any use of your Account through your username, password and security information shall be deemed to be your actions, which we may rely upon. You are responsible for protecting the confidentiality and security of your Account.

Use of Our Sites

At African Tradition, our goal is to create a positive, rewarding, and safe experience in connection with our Sites. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company. When you use the Sites, you may not:

  • Intentionally or unintentionally violate any law, regulation or these Terms & Conditions;
  • Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
  • Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • Distribute, retransmit, republish, reuse, re-post, or use any of the design features, logos, tradenames, trademarks or other content of the Sites for public or commercial purposes, without African Tradition prior written permission;
  • Post, share, send, or otherwise use the Sites to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • Alter or interfere with the content or functioning of the Sites, or “mirror” any content contained on the Sites on any other server;
  • Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • Use automated technology of other means to use the Sites or scrape or crawl any pages or content contained in the Sites. African Tradition may allow operators of public search engines to use spiders to index materials from the Sites for the sole purpose of creating publicly-available searchable indices of the materials, and African Tradition reserves the right to revoke these exceptions either generally or in specific cases;
  • Exceed authorized access, tamper with, or misuse any areas of the Sites or African Tradition’s computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution;
  • Attempt to circumvent any technological measure implemented by African Tradition or any of African Tradition’s providers or any other third party (including another user) to protect the Sites;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to operate the Sites;
  • Frame or link to Sites, unless permitted in writing by African Tradition; and
  • Advocate, encourage, or assist any third party in doing any of the foregoing while using the Sites.

Also, you agree that you will notify us immediately of any unauthorized use of your account or password, or any other breach of security.

You are responsible for your use of the Sites, and for any use of the Sites made using your account. Your use of our Sites is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with that attempted, alleged or actual use or access of ours Sites.

You may submit reviews or other feedback on the Sites. Any comments, suggestions, or feedback relating to the Sites (collectively “Feedback”) submitted to African Tradition shall become the property of African Tradition. African Tradition will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, services, application, site, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Sites, or its operations or business, in the future. Without limitation, African Tradition will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not African Tradition, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

Site Content

COPYRIGHT NOTICE

All text, graphics, logos, icons, images, audio clips, video clips and software on the site (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks, trade names, or brand or product names which are owned us or by third parties who license them to us. Unless authorized in writing by an officer of African Tradition, you may not use any Content. Even if we consent in writing, you may not use any of our Content in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.

THIRD PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Sites by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.

LINKS

Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.

YOUTUBE

Parts of the Sites use YouTube API Services to provide access to African Tradition’s YouTube channel. You acknowledge and agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and Google’s Privacy Policy (http://www.google.com/policies/privacy) when engaging YouTube content and services through the Sites. You may manage your YouTube API data by visiting Google’s security settings page at: https://security.google.com/settings/security/permissions.

 

Errors on Our Sites

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Product Orders Using Our Sites

VALIDATING YOUR ORDER

After you place an order using our shopping cart, we will check the information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

ORDER ACCEPTANCE/CONFIRMATION

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. African Tradition reserves the right at any time after receipt of your order to accept or decline your order for any reason.

ORDER LIMITATIONS AND PRODUCT AVAILABILITY

We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same account or individual, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

Not all items listed on the Sites are available for sale in all Stores, or the prices, promotions, and quantities may vary depending on the state or Store location. Some items, especially highly-allocated or limited quantity items, may be listed on the Sites but may not be available for sale or in the quantities indicated. We reserve the right, in our sole discretion, to restrict or refuse the sale of any such items if the quantities held in inventory exceeds the demand for those items. Please check with the Store for current availability.

TITLE AND OWNERSHIP OF PRODUCT

Title to, and ownership of, all alcoholic beverages and other products sold through the Sites passes to you upon purchase from your Store of choice, selected by you on the Sites by selecting “My Location” (this website) or “Change Store” (on the app). Once a sale is been approved, there are essentially there ways to receive your purchase: (i) in-Store pickup (or “ISP”), where one of our Store team members will pick your order and have it waiting for you to pick up at your convenience; (ii) delivery, where available, which means that a Store team member will pick your order and either the Store or a third-party delivery vendor will deliver your order to your home or other authorized location within the selected Store’s designated service territory; or (iii) shipping, either intrastate or interstate (where permitted), which means that a common carrier will deliver your order as specified by you. You will be charged the state taxes (including the sales tax), if any, assessed by the state where the sales transaction occurred.

IN-STORE PICKUP (ISP)

African Tradition’s Store permit in-Store pickup. Once confirmed, all orders are subject to product availability and will be available for pickup at the Store you designated in your order according to our pickup policies. We will use the email address provided with the order to contact you when your order is ready for pickup. Some states require the person who placed the order to pick-up the order; other states allow someone else to pick up the order on your behalf. Check with your ISP Store to determine what rules apply. Any person picking up an order in-Store must be aged 21 or older and must present a valid government-issued identification.

If you have not picked up your order within 14 days of placing it, we will attempt to notify you by contacting you with the information provided at the time the order was made. We reserve the right to cancel the order, return the products or other goods, and issue a credit to the credit card used to place the order in the amount of the charge corresponding to the intended purchase. Individual bank policies will dictate when this amount is credited to your account. See In-Store Pick-Up for more information.

 

DELIVERY

Delivery to your home, office or event location is available from African Tradition, depending on state law. Where permitted, you (or, where allowed, your designee) must be aged 21 or older and must present a valid government-issued identification in order to obtain your shipment. All delivery orders are subject to product availability and delivery locations, quantities and frequency may be restricted by law or African Tradition discretion. Delivery fees may apply. See Delivery for more information.

Also, you may have the option to provide your phone number or email address for purposes delivery notifications. For more information, see our Mobile and Mobile Apps policy.

 

SHIPPING

We make no representations about the legality of shipping alcoholic beverages. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you. As with in-Store pickup and delivery, you (or, where allowed, your designee) must be aged 21 or older and must present a valid government-issued identification in order to obtain your shipment.

All orders placed on our site are subject to product availability and will be shipped according to our Shipping Policies, which may vary based on applicable state law. In the event your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail. Please review our Shipping Policies portion of our Customer Service section for additional information on shipping times, rates and policies.

 

RETURNS

Our goal is that all our customers are satisfied with their orders. Should you need to return an item for any reason, please contact our Customer Service department at (561) 379-8243. Note that some states prohibit returns except where product is spoiled or otherwise unfit for consumption. See our Return Policy for more information.

 

Mobile and Mobile Apps

MOBILE TERMS OF USE

African Tradition offers areas and features that are accessible via a computer or mobile device, such as a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as we have no control, and are not responsible for such charges.

You agree that for the functions or services for which you have created an account with African Tradition or have otherwise completed a purchase, we may send communications to your mobile device regarding those functions or services. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.

BY ACCESSING, BROWSING, OR USING THE MOBILE APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE THE CURRENT SUBSCRIBER OR CUSTOMARY USER OF THE MOBILE PHONE NUMBER YOU PROVIDED TO AFRICAN TRADITION IN ORDER TO PARTICIPATE IN THE PROGRAM; AND (2) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE YOUR MOBILE PHONE TO ACCESS THE SITES. You are also subject to and agree to comply with African Tradition ‘s Terms & Conditions located on this page with respect to mobile phone and mobile app usage.

PLEASE NOTE: You agree that if the mobile telephone number you provide as part of African Tradition Recurring Offers at any time becomes reassigned, terminated or otherwise no longer your current mobile telephone number, you will PROMPTLY NOTIFY African Tradition of any such reassignment or termination by sending an email to hello@africantraditionwinebeer.com.

 

TRANSACTIONAL SMS/TEXT ALERTS

In-Store Pick-Up Order Status

You may elect to receive an SMS/text alert regarding the status of any in-Store pick-up order that you place via the Site. If you elect to receive a status update, African Tradition will send a one-time automated SMS/text message regarding the status of your order to your mobile telephone. Please note that to receive status updates from African Tradition, you will be required to elect to receive a text message for each individual order status notification requested. Message and data rates may apply.

Delivery Order Status

You consent to receiving SMS/text alerts regarding the status of any delivery order that you place via the Site. If you elect to receive a status update, African Tradition or its third-party delivery provider will send automated SMS/text messages regarding the status of your order to your mobile telephone. Message and data rates may apply.

Message & Data Rates May Apply

All charges are billed by and payable to your mobile service provider. African Tradition or its third-party delivery provider does not charge for sending or receiving text messages. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the Program services. All data obtained is subject to our Privacy Policy.

African Tradition (or third-party delivery provider) text messages are available on these SMS supported carriers: AT&T, T-Mobile®, Verizon, Sprint, U.S. Cellular, Boost Mobile, Cricket, Virgin Mobile, Iowa Wireless, Metro PCS, ACS Wireless, West Central Cellular, Ntelos, Bluegrass, Plateau Wireless, AWCC, Cincinnati Bell, Cellular South, Carolina West Wireless, Immix Wireless/Keystone Wireless, Golden State Cellular, Cellcom, ECIT, GCI/Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, Chat Mobility, NW Missouri Cellular, NE Cellular One of PA, Element Wireless, MTPCS, Thumb Cellular, Viaero Wireless.

African Tradition (or third-party delivery provider) text messages are available on these MMS Supported Carriers: AT&T, Cricket, T-Mobile®, Sprint, Verizon, U.S. Cellular.

You acknowledge that any text messages you receive from African Tradition or its third-party delivery provider are distributed via third-party mobile network providers. As a result, African Tradition or its third-party delivery provider cannot control certain factors relating to message delivery. You further acknowledge that neither African Tradition, its third-party delivery provider, nor your wireless carrier is liable for delayed or undelivered text messages.

Termination of Use

We may terminate your African Tradition account or prevent use of the Sites with or without cause at any time, with immediate effect. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Sites at any time without prior notice.

Force Majeure

We shall be excused from performance under this Terms & Conditions if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

Governing Law and Venue

This agreement will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law.

Disclaimer of Warranties

We make no representations about the suitability, reliability, availability, timeliness and accuracy of the Sites. OUR SITES, THEIR CONTENT AND ALL PRODUCTS SOLD ARE 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.

WE CANNOT AND DO NOT WARRANT, PROMISE, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, SECURITY, RELIABILITY, AVAILABILITY OR ANY USE OF THE FUNCTIONS, FEATURES, OPERATIONS, CONTENT OR INFORMATION ASSOCIATED WITH THE SITES, OR THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY AFRICAN TRADITION ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF FIFTY CENTS ($0.50). EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, NO AFRICAN TRADITION ENTITY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

If you are dissatisfied with any portion of Sites, or with any part of the Terms & Conditions or your transactions with us, your sole and exclusive remedy is to discontinue using Sites and stop initiating transactions with us. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms & Conditions must be filed by you within one year after such claim or cause of action arose or be forever barred.

Indemnity

You agree to indemnify, defend, and hold harmless African Tradition, its affiliates, employees, officers, agents, vendors and service providers (“African Tradition Entities”), from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any African Tradition Entities, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms & Conditions; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) African Tradition Entities use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by African Tradition Entities in the defense of any Claim and Losses. Notwithstanding the foregoing, African Tradition Entities retain the exclusive right to settle, compromise and pay any and all Claims and Losses. African Tradition Entities reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a African Tradition Entity.

Arbitration Agreement

PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

It is African Tradition’s goal that the Sites meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, African Tradition is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with African Tradition, you acknowledge and agree that you will first give African Tradition an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to African Tradition, 12965 SE Suzane Dr, Hobe Sound, Florida, United States of America 33455. Attn: Legal Department, Re: Customer Dispute. You then agree to negotiate with African Tradition in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after African Tradition’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Sites and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the African Tradition Entities' or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the African Tradition Entities and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Maryland shall apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award, and judgment enforcement, the laws of the State of Maryland shall apply.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and any of the African Tradition Entities, as applicable, agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys’ fees, including such claim or award pursuant of Chapter 38 of Texas Civil Practice and Remedies Code, is waived. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND AFRICAN TRADITION BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

In no event shall any claim, action or proceeding by you related in any way to this Arbitration Agreement be instituted more than two (2) years after the cause of action arose.

Other

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site.

In the event of any conflict between any such third-party terms and conditions and these Terms & Conditions, these Terms & Conditions will govern.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms & Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms & Conditions and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms & Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms & Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Privacy Policy

Effective Date: January 1, 2020

Retail Services & Systems, Inc. and affiliated companies doing business under African Tradition brands and associated brands ("African Tradition," "we," "our," or "us") know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy lets you know what information we collect, how we may share that information, and your choices regarding the sharing of your information.

You are subject to our Terms & Conditions, which govern your access to and use of the African Tradition Sites (defined below). Click Terms & Conditions for more information.

 

How to Contact Us

If you have questions about African Tradition’s Privacy Policy, contact us by:

Phone:

(561) 379-8243

Email:

hello@africantraditionwinebeer.com

Mail:

African Tradition, Store Support Center
12965 SE Suzanne Drive, 

Hobe Sound, Florida, 

United States of America 33455
Attn: Customer Care/Privacy

Our Privacy Commitment

We value the relationship we have with our customers and prospective customers, and are committed to protecting the confidentiality, accuracy and integrity of your Personal Information, meaning information about you that is not publicly available. We understand the importance of keeping your information secure.

Acceptance of and Changes to this Privacy Statement

This Privacy Policy applies to Personal Information collected from and about prospective customers and customers of businesses that operate retail liquor stores under African Tradition brands and associated brands in various states, whether collected at a retail location (a "Store") or from the African Tradition website and webpages, mobile site and/or app (the "Sites").

As African Tradition continues to improve the services, products and the features we provide, this policy is subject to change. We reserve the right to amend this policy at any time by posting the amended policy on our site and updating the Effective Date at the top of this page.

By using the African Tradition site and services, you signify your acceptance of this Privacy Statement. If you do not agree with any policy described in this Privacy Statement, your sole option is to discontinue use of the Sites. Your continued use of any portion of the African Tradition site following notification or posting of such changes constitutes your acceptance of those changes. If you have questions or concerns about our specific policies, please send an e-mail to hello@africantraditionwinebeer.com

 

Children’s and Minor’s Privacy

African Tradition Stores and Sites are intended for adults 21 years of age and older. We do not knowingly collect personal information from minors under the age of 21. If you have reason to believe that a person under the age of 21 has provided Personal Information to us, please contact us as provided in the Contact Us section below with sufficient detail to enable us to delete that information from our databases.

For more information about Parental Control options, see our Terms & Conditions.

 

Information Collection and Use

African Tradition collects, uses and discloses your Personal Information (including individuals associated with you, all of whom are referred to as "you" in this Privacy Policy) in its normal course of business for the following purposes:

  • Providing you with products and services you are interested in at at the Stores and their Sites;
  • Fulfilling orders places on our Sites through your selected Store;
  • To determine your location so we know the closest Store to you is;
  • Establishing and maintaining communications with you;
  • Where you have requested information from us or one of our partners, assisting in the response to your request for information;
  • Responding to your inquiries about purchases, accounts and other services;
  • Marketing our, and our affiliates and partner’s or third-party delivery providers’, goods and services to you;
  • Processing transactions through service providers;
  • Meeting legal, security, processing and regulatory requirements;
  • Protecting against fraud, suspicious or other illegal activities; and
  • Compiling statistics for analysis of our sites and our business.

We obtain your Personal Information from a number of possible sources:

  • Directly from you. For example, during account registration from forms you complete, subscriptions you purchase or comments you provide on our Sites.
  • Indirectly from you. For example, from observing your actions on our Sites.
  • From third parties. For example, third party social networking providers and advertising companies, our affiliates and service providers who provide services or information to us. For example, we get updated addresses from the National Change of Address (NCOA) service to ensure we have the correct contact information for our customers.
  • From publicly available sources. For example, online database searches.

 

Cookies & Clickstream Technology, Including Opting Out

As you navigate the Site, we may also collect information about you through the use of common information-gathering tools, such as cookies and web beacons (collectively "Website Navigational Information"). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol ("IP") address, and the actions you take on the Site (such as the web pages viewed and the links clicked).

COOKIES

Like many companies, we use cookies on our Sites. Cookies are pieces of information shared between your web browser and a website. Use of cookies enables a faster and easier experience for the user.

There are different kinds of cookies with different functions:

  • Session cookies: these are only stored on your computer during your web session. They are automatically deleted when the browser is closed. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.
  • Persistent cookies: a persistent cookie is one stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again.
  • First-party cookies: the function of this type of cookie is to retain your preferences for a particular website for the entity that owns that website. They are stored and sent between African Tradition’s servers and your computer’s operating system. They are not used for anything other than for personalization as set by you. These cookies may be either Session or Persistent cookies.
  • Third-party cookies: the function of this type of cookie is to retain your interaction with a particular website for an entity that does not own that website. They are stored and sent between the Third-party’s server and your computer’s or device’s hard drive. These cookies are usually Persistent cookies.

We do use third-party cookies on our Sites, as well as third party provided web beacons (please see the section on Web Beacons below). These cookies are used by us and our marketing partners to better understand your preferences and to tailor and improve your experience on the site based on our impressions of your interests.

More specifically, our Sites use Google Analytics and Adobe Site Catalyst, which are web analytic tools provided by Google, Inc. and Adobe Inc., respectively. These services use cookies to help our Sites analyze how users use the Sites. The information generated by the cookie about your use of the Sites (including your IP address) will be transmitted to and stored by these vendors on servers in the United States. These vendors will use this information for the purpose of evaluating your use of the Sites, compiling reports on Site activity, and providing other services relating to Site activity and internet usage for African Tradition. These vendors may also transfer this information to third parties where required to do so by law, or where such third parties process the information for the vendors for purposes of providing those services. These vendors will not associate your IP address with any other data held by them. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, if you do block the use of cookies, you will not be able to use the full functionality of the Sites. By using the Sites, you consent to the processing of data about you by Google and Adobe in the manner and for the purposes set out above.

Along with the above noted uses, we use cookies for the following purposes: :

  • Strictly Necessary Cookies: These cookies are essential in order to enable you to move around the Site and use its features, such as accessing secure areas of the Site. Without these cookies, services you have asked for, such as logging into your account and using a shopping cart, cannot be provided. You can set your browser to block or alert you about these cookies, but then some parts of the site will not work. These cookies do not store any personally identifiable information.
  • Functional Cookies: These cookies allow our Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal or customized features. For instance, the Site needs to remember your log in details, so that you do not have to repeatedly sign in to your account when using a particular device to access our Site. The information these cookies collect is usually anonymized. They may be set by us or by third party providers whose services we have added to our pages. They do not gather any information about you that could be used for advertising or remember where you have been on the Internet.
  • Performance & Analytics Cookies: These cookies collect information about how visitors use a Site, for instance which pages visitors go to most often, and if they get error messages from web pages. They also allow us to record and count the number of visitors to the Site, all of which enables us to see how visitors use the Site in order to improve the way that our Site works. These cookies do not collect information that identifies a person, as all information these cookies collect is aggregated and anonymous.
  • Marketing & Advertising Cookies: African Tradition does not "sell" your personal information as the word "sell" is commonly understood; in other words, we are do not give your personal information to third parties in exchange for money. However, our Sites do use cookies that may be used by third parties to build a profile of your interests and show you relevant advertisements on other sites. These cookies may also be used to enable you to share pages and content that you find interesting on our Site through third party social networking and other websites. The cookies do not store directly personal information, but are based on uniquely identifying your browser and Internet device. If you do not allow these cookies, you will experience less targeted advertising and may not be able to share pages or content you find interesting through third party social networking sites.Please Note: We embed videos or insert links to videos from YouTube on our website(s). As a result, when you visit a page with content embedded from or linked to YouTube, you may be presented with cookies from YouTube. If you opt out of advertising and marketing cookies here, YouTube may still utilize cookies for those embedded videos and links. You can control YouTube cookies by visitinghttps://policies.google.com/technologies/cookies.

For information on all of these categories of cookies, and for more information generally on cookies please refer to aboutcookies.org.

 

OPTING OUT OF COOKIES

There are various ways for you to manage cookies and other technologies.

Browser Settings

Through your browser settings, you can disable cookies (and other tracking tools) or request to be prompted before accepting cookies from the Sites and other websites you visit. These cookies may also permit you to delete cookies you already have. Please consult your web browser’s ‘Help’ documentation or visit aboutcookies.org. for more information about how to turn cookies on and off for your browser. If you use different browsers and computers, you will need to adjust the appropriate cookie settings for each browser and computer. Certain parts of the Site may function differently and you may not be able to use some portions of our Site if you choose to disable cookies entirely.

Third-Party Extensions

There are several browser extensions that allow you to manage cookies and personalize your browsing experience. Since these extensions are made by third party providers, African Tradition does not control these features and cannot provide technical support for these products.

Targeted Advertising Cookies

You may opt out of receiving advertising cookies from companies who are members of the Network Advertising Initiative (NAI) or who subscribe to the Digital Advertising Alliance’s (DAA’s) Self-Regulatory Principles for Online Behavioral Advertising. Please visit the Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page to opt out directly from providers who participate in those programs.

 

WEB BEACONS

The Site may also use web beacons (including web beacons supplied or provided by third parties) alone or in conjunction with cookies to compile information about users’ usage of the Site and interaction with e-mails from African Tradition. Web beacons are transparent electronic images that can recognize certain types of information on your computer, such as cookies, when you view a particular Site tied to the web beacon, and a description of a Site tied to the web beacon. We use web beacons to operate and improve the Sites and e-mail communications. We may use information from web beacons in combination with other data we have about our customers to provide you with information about African Tradition and our services. We will conduct this review on an anonymous basis.

IP ADDRESSES

When you visit our Sites, African Tradition collects your Internet Protocol ("IP") addresses to track and aggregate non-Personal Information. For example, African Tradition uses IP addresses to monitor the regions from which users navigate the Sites. IP addresses will be stored in such a way so that you cannot be identified from the IP address. In addition, African Tradition uses your IP address to get an approximate location so we can find a store closest to you. We do this for both your convenience, as well as for legal compliance reasons.

DO-NOT-TRACK

The major internet browsers have attempted to implement the draft "Do Not Track" ("DNT") standard of the World Wide Web Consortium ("W3C") in their latest releases. As this standard has not been finalized, African Tradition’s Sites are not compatible with DNT.

Security of Your Personal Information

Whether you are shopping online or in our stores, we use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it. The African Tradition Sites use Transport Layer Security (TLS) or equivalent encryption technologies to protect your personal information during data transport, including your name, address and credit card number. However, no security controls are failproof, and African Tradition cannot completely ensure or warrant the security of your personal information. We therefore urge you to always use caution when transmitting information over the Internet.

When you create an account on AfricanTraditionWineBeer.com you are required to establish a password between 7 and 16 characters with at least one letter and one number. Your password may not contain your first name, last name, or any spaces. You are solely responsible for maintaining the secrecy of your password and account information. We strongly recommend that you do not share this information with others. You have the ability to purchase on our site without creating an account; however, you will need to reenter your personal information each time you use our site in order to make a purchase.

Disclosure of Personal Information

We do not disclose any Personal Information about you to others except as stated in this Privacy Policy, as otherwise permitted by law, or authorized by you. This Privacy Policy does not apply to privacy practices of third parties that we do not own or control, including but not limited to any third party websites, services, applications, online resources to which the Sites may link, embed, reference, or otherwise provide access through the Sites. We are not responsible for the privacy practices or the content of such third party sites. Please contact these third parties directly for information regarding their privacy practices.

SERVICE PROVIDERS

We use third-party service providers to enhance your consumer experience. This may include, for instance, providers who assist us with tech or customer support, operations, web or data hosting, billing, credit card processing, accounting, security, marketing, data management, validation, enhancement or hygiene, or otherwise help us to provide, develop, maintain and improve our services. These companies may use information about your visits to our Sites in order to help process delivery orders, provide personalized recommendations and advertisements about our goods and services on our Sites as well as when you visit other websites. Because service providers we use may be located in the United States, your Personal Information may be processed and stored inside the United States; and the U.S. government, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Information under U.S. laws.

THIRD PARTIES

Some areas in our site may be offered to you in association with affiliated or non-affiliated third parties, such as co-promotional partners, dedicated producers of drinks, or co-sponsors of events you may want to attend. Such co-branded areas may require you to disclose Personal Information to the third party. The co-branded areas will identify the third party; however, the third party’s privacy policy will apply to how they treat your Personal Information. We recommend you review the privacy policy of these third parties. If you elect to register for events or products with these third parties you will be providing your Personal Information to both us, and the third party.

Parts of the Sites use YouTube API Services to provide access to African Tradition’s YouTube channel. You acknowledge and agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and Google’s Privacy Policy (http://www.google.com/policies/privacy) when engaging YouTube content and services through the Sites. You may manage your YouTube API data by visiting Google’s security settings page at: https://security.google.com/settings/security/permissions.

 

SOCIAL MEDIA, REVIEWS, AND USER GENERATED CONTENT

Any personally identifiable information you submit on a social media website, such as Facebook or Twitter, bulletin board, blog, chat room, comment about a product, or any other public forum on our Sites, can be read, collected or used by other users of these forums, and could be used to send you unsolicited messages. We recommend that you do not provide your name, e-mail address or any other personal information in public forums on this Site. Please note that if you choose to do so, it is at your own risk and you accept full responsibility for those posts and any consequences that may arise from posting this information.

BUSINESS TRANSACTIONS

As we continue to develop our businesses, we might sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if either African Tradition itself or substantially all of African Tradition assets were acquired, your Personal Information may be one of the transferred assets. Therefore, we may disclose and/or transfer your Personal Information to a third party purchaser in these circumstances.

OTHER LEGALLY REQUIRED DISCLOSURES

African Tradition preserves the right to disclose without your prior permission any Personal Information about you or your use of this Site if African Tradition has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of African Tradition, employees, other users of this Site, or the public; (b) enforce the terms and conditions that apply to use of this Site; (c) as required by a legally valid request from a competent governmental authority; or (d) respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.

In this Privacy Policy, the purposes identified above and in "Collection, Use and Disclosure of Personal Information" will be referred to as the "Identified Purposes."

Updating Your Personal Information

African Tradition wants your personal information to be accurate and complete. We provide several different methods for you to update your personal information. To update your name, address, phone number and/or e-mail information:

Login to My Account on AfricanTraditionWineBeer.com to update your personal account information (if you've created an account on AfricanTraditionWineBeer.com)

 

Phone:

(561) 379-8243

 

Email:

hello@africantraditionwinebeer.com

Mail:

African Tradition
12965 SE Suzanne Drive,
Hobe Sound, Florida,
United States of America 33455
Attn: Customer Care/Privacy

If you send an e-mail or letter request, please be sure to include your current information and the requested changes.

E-mail & Account Registration

During registration on the Sites, we collect an e-mail address to communicate with you about your transaction. We use this e-mail address to contact you if there are any issues and to notify you about the status of your order. If you do not want this retained for future promotional e-mail inclusion, we provide you the ability to opt-out.

If a user wishes to subscribe to our e-mails, we ask for contact information such as name, preferred store and e-mail address. We may use your personal information for purposes other than sending you promotional materials. For example, we may use your information to send you administrative communications about any account you may have with us or about future changes to this Privacy Policy. If at any time you should wish to unsubscribe, please click on the "unsubscribe" link in any e-mail from us or send an e-mail to hello@africantraditionwinebeer.com

When you register as a member of the Sites or sign up to receive our e-mail offers, we collect information that helps us identify you. The more information you provide, the better we can customize our services and your experience to suit your needs and preferences.

Nevada Privacy Notice

Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. African Tradition does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. See above for more information about how you can protect your information, and what we do to protect your information.

California Privacy Notice

See California Privacy Notice here.

California Resident Privacy Notice

Effective Date: January 1, 2020

This Notice supplements African Tradition’s Privacy Policy. Please read this Notice in conjunction with African Tradition’s Privacy Policy.

This Notice applies to the collection and use of California residents’ Personal Information by African Tradition and any of its affiliates who operate under the African Tradition brands in providing products and services to California residents (altogether referred to in this Notice as "California African Tradition ", "we," or "us," or "our,"), where such use or collection may be governed by the California Consumer Privacy Act ("CCPA"), California’s "Shine the Light" Law, California Online Privacy Protection Act (CalOPPA), and other applicable California privacy regulations. This Privacy Notice describes the types of Personal Information we collect about California residents who use any African Tradition Site or otherwise interact with us, as required by California law.

Please read this Notice carefully because it provides important information and explains your rights. Please visit this web page from time to time, as we may update our notice for changes in the law or our data practices. If you have any questions or concerns, or wish to exercise your privacy rights, we invite you to contact us by any of the methods listed at the bottom of this Notice.

Also, California residents who are job applicants for work in any of our businesses operating in the United States are subject to a different privacy policy regarding the information collected during the application process and any employment. See California Resident Job Applicant Disclosure Notice for more information.

PERSONAL INFORMATION COLLECTION

1. PERSONAL INFORMATION COLLECTED IN THE PAST 12 MONTHS

It is routine for us to collect, process and store Personal Information about you over the course of your relationship with us. Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include deidentified or aggregate information, or public information lawfully available from governmental records.

The following chart describes the categories of Personal Information we may have collected about you in the past 12 months and, for each category, where and why we collected it, and the categories of entities with which we could have shared or sold any such Personal Information.

Category of Personal Information (PI)

Sources from which PI was collected*
*Category examples at bottom of Chart

Purpose of collection*
*Category examples at bottom of Chart

Identifiers, such as name, alias, delivery address, delivery signature, postal address, phone number, email address, credit card information, bank information, birthday month, age or age range, wedding date, IP address, MAC address, unique personal identifier, online identifier, and other similar identifiers

  • You
  • Affiliated Companies
  • Service Providers
  • Consumer data resellers and renters
  • Consumer Transactions
  • Customer Service and Relationship Management
  • Customer Experience
  • Marketing and Advertising
  • Merchandising
  • Analytics
  • Security and Compliance

Characteristics of protected classifications under California or federal law, such as age (over 40); gender identity or gender expression; marital status; military or veteran status; or disability information

  • You
  • Affiliated Companies
  • Service Providers
  • Consumer data resellers and renters
  • Consumer Transactions
  • Customer Service and Relationship Management
  • Customer Experience
  • Marketing and Advertising
  • Merchandising
  • Analytics
  • Security and Compliance

Commercial information, such as transaction history, purchase history or tendencies, &MORE Rewards or awards purchases, points and benefit utilization, returns data, product delivery data, product or service ratings, product or service reviews, and email or mail subscriber status.

  • You
  • Affiliated Companies
  • Service Providers
  • Consumer Transactions
  • Customer Service and Relationship Management
  • Customer Experience
  • Marketing and Advertising
  • Merchandising
  • Performance and Analytics
  • Security and Compliance

Internet or other similar network activity, such as search history and information about consumer’s interaction with an Internet website, application or advertisement

  • You
  • Affiliated Companies
  • Service Providers
  • Consumer Transactions
  • Customer Service and Relationship Management
  • Customer Experience
  • Marketing and Advertising
  • Merchandising
  • Performance and Analytics
  • Security and Compliance

Geolocation Information, such as presence at a retail location, billing information, product delivery information, or “Preferred Store” election on website or application

  • You
  • Affiliated Companies
  • Service Providers
  • Consumer Transactions
  • Customer Service and Relationship Management
  • Customer Experience
  • Marketing and Advertising
  • Merchandising
  • Performance and Analytics
  • Security and Compliance

Audio or video footage collected using CCTV cameras, (only if you visit one of our premises that uses this technology) or Customer Service phone call recording

  • You
  • Affiliated Companies
  • Service Providers
  • Consumer Transactions
  • Customer Service and Relationship Management
  • Customer Experience
  • Marketing and Advertising
  • Merchandising
  • Performance and Analytics
  • Security and Compliance

Education, employment or other professional information

  • You
  • Affiliated Companies
  • Service Providers
  • Consumer data resellers and renters
  • Customer Service and Relationship Management
  • Customer Experience
  • Marketing and Advertising
  • Merchandising
  • Analytics
  • Security and Compliance

Inferences drawn from CCPA personal information for purposes of creating a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, and attitudes

  • You
  • Affiliated Companies
  • Service Providers
  • Consumer data resellers and renters
  • Consumer Transactions
  • Customer Service and Relationship Management
  • Customer Experience
  • Marketing and Advertising
  • Merchandising
  • Performance and Analytics
  • Security and Compliance

Here are examples of the sources from which Personal Information about you may have been collected:

  • You, such as when you visit our Sites, manually enter Personal Information into our Sites’ forms to place a delivery order or join the &MORE Rewards program, or when you post on-line to a social media account.
  • Affiliated Companies and Service Providers that process information for us, such as tech or customer support, operations, web or data hosting, billing, credit card processing, accounting, security, marketing, or data management, validation, enhancement or hygiene.
  • Consumer data resellers and renters, such as entities that compile Personal Information about prospective or current African Tradition customers for purposes of updating, verifying or deduplicating Personal Information, or prospecting new potential customers.

Here are examples of the purposes for which we collect your Personal Information:

  • Consumer Transactions, such as processing a purchase, or fulfilling an order.
  • Customer Service and Relationship Management, such as addressing a customer complaint or applying &MORE Rewards points to a transaction.
  • Customer Experience, such as improving website offerings and interface, or providing specialized promotions.
  • Marketing and Advertising, such as providing promotions that are interesting to you based on your purchasing and viewing history.
  • Merchandising, such as determining and improving product assortment based on your purchasing history.
  • Analytics, such as information about Site performance relative to your computer or device.
  • Security and Compliance, such as protecting us and you from fraud on our Sites and in our Stores, and reporting information that may be required by applicable laws that regulate our business in California and elsewhere.

2. USE AND DISCLOSURE (“SALE”) OF PERSONAL INFORMATION

We do not “sell” your Personal Information in exchange for money. However, the CCPA views the “sale” of Personal Information more broadly, to include any transfer to another business or third party for valuable consideration. Under this broad definition, we have shared identifiers (as defined above) with entities that compile Personal Information about prospective or current African Tradition customers who reside in California for purposes of updating, verifying or deduplicating Personal Information, prospecting new potential customers, and improving the types of services and products we offer to you. In addition, the collection of Internet or electronic network activity information (as defined above) through cookies on our Sites for a variety of purposes, including personalized advertising and facilitating your activity on social media, may constitute a “sale” under CCPA. Please refer to our Cookie Policy to better understand your privacy options.

3. USE OF PERSONAL INFORMATION FOR BUSINESS PURPOSES OR COMMERCIAL PURPOSES.

In addition to the purposes identified above, we may use or disclose Personal Information we collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples. The examples provided are illustrative and not intended to be exhaustive.

  1. Auditing Interactions with Consumers. For example: monitoring traffic to our Sites, counting ad impressions, and auditing legal and regulatory compliance.
  2. Security. For example, maintaining the safety, security, and integrity of our Sites, products and Services, databases and other technology assets and our business, including preventing fraud, detecting security breaches and prosecuting violators, and responding to law enforcement requests and meeting requirements of applicable law, court order, or governmental regulations.
  3. Debugging/Repair. For example, identifying and repairing errors in our Sites’ functionality.
  4. Certain Short-term Uses. For example, ad customization that does not involve or contribute to profiling.
  5. Performing Services. For example, creating, maintaining, customizing and securing your account with us, processing your purchases, transactions, and payments, hosting our Sites, fulfilling subscription orders, managing databases, performing analyses, billing, and marketing services such as managing promotions and contests.
  6. Internal Research for Tech Development. For example, testing, research, analysis, and product development, including to develop and improve our Sites, products, and Services.
  7. Quality and Safety Maintenance and Verification. For example, improving, upgrading or enhancing our products, Services or Sites, and verifying the quality or safety of our Sites or Services.
  8. Other Commercial Purposes. For example, as described to you when collecting your Personal Information such as for promotions or contests, or to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which Personal Information we hold is among the assets transferred.

 

4. DISCLOSING PERSONAL INFORMATION TO OTHER PARTIES

In addition to the entities described in the section titled “Use and Disclosure (“Sale”) of Personal Information,” we may disclose your Personal Information to the following categories of other parties for a business purpose or commercial purpose, as those terms are defined in the CCPA:

  • Our affiliates, employees and authorized agents
  • Service providers for our businesses
  • Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you
  • Government regulators or law enforcement, where required
  • Our legal advisors and other parties when required by law or pursuant to legal process
  • To any entity involved in the purchase or sale of our businesses

In order to provide advertisements and content that are more relevant to you, we and our advertising and content providers may collect Personal Information when you use our Sites (such as the IP address of your device, the identifier on your mobile device, or cookies stored on your device), and may share the information we collect with third parties. Please see our Cookie Policy for more information.

YOUR RIGHTS RELATED TO PERSONAL INFORMATION HELD BY US

You have the right to:

  • request that we disclose what categories of your Personal Information we collect, use, disclose or sell;
  • request the specific pieces of personal information that we have collected about you;
  • opt out of the “sale” of their personal information; and
  • ask us to delete Personal Information we have collected about you.

You can exercise your rights using our Privacy Portal.

You may only make a verifiable consumer request for disclosure or deletion twice within a 12-month period.

Also, under California’s “Shine The Light” law (California Civil Code Section 1798.83), California residents may annually request, free of charge, information about the Personal Information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year. However, no information is shared with third parties for their own marketing purposes except where expressly authorized by you.

OUR PROCESS FOR ACCESS OR DELETION REQUESTS

In order for us to determine whether we may have information about you, we need to verify your identity, meaning that we need to confirm that you are a person about whom we have collected information. Verification of identity will require email address validation and will also involve comparing the information you submitted in your Request to the data in our system.

The level of information necessary to process your Request will depend on the nature of your Request. If you request specific pieces of your Personal Information, we will ask you to provide us, under the penalties of perjury, with at least three pieces of Personal Information that we will compare to data in our systems. If we are unable to verify your identity to a reasonably high degree of certainty, we will not be able to process your request and will notify you to explain the basis of the denial. However, even if we cannot provide you with specific pieces of information, we will try to provide you with categories of Personal Information, where possible if the information you have provided meets a reasonable degree of certainty.

If you request categories of your Personal Information, we will ask you to provide us, under the penalties of perjury, with at least two pieces of Personal Information that we will compare to data in our systems. If we are unable to verify your identity to a reasonable degree of certainty, we will not be able to respond to the request and will notify you to explain the basis of our denial.

If you request that we delete your Personal Information, we will ask you to provide us, under the penalties of perjury, with at least two pieces of Personal Information that we will compare to data in our systems. If we are unable to verify your identity to a reasonable degree or a reasonably high degree of certainty depending on the sensitivity of the Personal Information and the risk of harm to you posed by unauthorized deletion, we will notify you of our inability to respond to your request and why.

You may designate an agent to submit requests on your behalf. If you do so, your agent must submit written proof of permission to act on your behalf (through our secure Privacy Portal), and will be required to submit information on your behalf to verify your identity as described above.

If you have asked to opt-out of the sale of your Personal Information ("Do Not Sell My Information"), we will act on your Request as soon as reasonably possible and notify third parties, if applicable, as required by the CCPA. We reserve the right to refuse to process an opt-out request based on a reasonable, good-faith, and documented belief that an opt-out request is fraudulent.

 

OUR RESPONSE TO REQUESTS

We will acknowledge receipt of your Request within 10 days of receipt of your request. We provide a substantive response to your Request as soon as possible, generally within 45 days from when we receive your Request, although we may be allowed to take longer to process your request under certain circumstances. If we expect your Request is going to take us longer than normal to fulfill, we will notify you.

We usually act on Requests and provide information free of charge, but we reserve our right to charge a reasonable fee to cover our administrative costs of providing the information in certain situations.

In some cases, the law may allow us to refuse to act on certain requests. When this occurs, we will explain why.

NON-DISCRIMINATION POLICY FOR EXERCISING YOUR PRIVACY RIGHTS

We will not discriminate against you for exercising any of your privacy rights. In particular, we will not:

  • Deny you goods or services
  • Charge you different prices for goods or services, whether through denying benefits or imposing penalties
  • Provide you with a different level or quality of goods or services
  • Threaten you with any of the above

However, under the CCPA, we may offer certain incentives that result in different prices, offers, benefits, or services to customers who choose to join our &MORE Rewards Program that may not be available to customers who are not &MORE Rewards Program members or who choose to terminate their &MORE Rewards Program membership. For more information about our &MORE Rewards Program, the different product offerings and services available under that program, how to opt-in to the program, and the value of &MORE Rewards Program member data, see the &MORE Rewards Program Terms & Conditions.

NOTICE OF FINANCIAL INCENTIVE

We make various offers and financial incentives to our customers. The terms of any such offer or financial incentive will be presented to you at the time you receive our offer. The nature and value of any such offer or financial incentive may differ depending on what information we collect and use about you and whether you choose to enroll in our &MORE Rewards Program. For details about the benefits of enrolment in our &MORE Rewards Program, please see the &MORE Reward Program Terms & Conditions.

Whether you choose to enroll in our &MORE Rewards Program and whether you choose to allow us to collect and use other types of Personal Information about you affects how we communicate with you and the types and frequency of offers that you may receive. For example, if we collect no information from you, we will be unable to make any offers to you other than through general advertising or when you visit our stores. Conversely, when you enroll in our &MORE Rewards Program or otherwise allow us to continue to collect and use Personal Information about you, we are able to provide you different, more tailored or customized, and generally more valuable offers and financial incentives than the ones we may choose to make through our general advertising, which only reaches a small percentage of our customers.

The value of your Personal Information that allows us to make these offers and financial incentives is the value of the offer itself. We calculate the value of our offers and financial incentives by using the expense related to the offer.

Whether or not you are a member of our &MORE Rewards Program, you may withdraw from receiving any of our offers or financial incentives by contacting us at hello@africantraditionwinebeer.com or by unsubscribing to our email marketing by clicking "Unsubscribe" link in any e-mail from us.

INFORMATION SECURITY

We aim to protect Personal Information by implementing and maintaining reasonable security, such as by using reasonable organizational, technological and physical safeguards appropriate to the sensitivity of the Personal Information we hold. We take commercially reasonable measures to safeguard your Personal Information, but we cannot guarantee its absolute security.

CONTACT US

If you would like to exercise your California privacy rights, submit a request online through the Privacy Portal.

If you have questions on the processing of your Personal Information, would like to exercise any of your rights, or are unhappy with how we’ve handled your information, please contact us here: African Tradition 12965 SE Suzanne Drive, Hobe Sound, Florida, United States of America 33455 or hello@africantraditionwinebeer.com

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