Martha Stewart Wine Co.
Privacy Policy

Last updated March 31, 2017

We are pleased that you have visited the Martha Stewart Wine Co. website (the "Site"). The Site is operated by DRINKS MSWC, LLC ("MSWC," "we," "our" or "us"). At Martha Stewart Wine Co., we are committed to protecting the privacy and security of your personal information. Please also visit the Martha Stewart Wine Co. Terms & Conditions for explanation of additional terms governing your use of our Site and the purchase of associated products. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Terms & Conditions.

This privacy policy (the "Privacy Policy") sets forth our online data collection, use and sharing practices and applies to this website and all other websites, social media pages, mobile applications and accounts owned by us (individually, and collectively, the "Sites"). Through use of the Sites, we market wines and related products directly to consumers and provide consumers an opportunity to buy wine, Wine Memberships or Gifts, and related products from licensed retailers (the "Wine Services"). The sale and delivery of your order will be executed and fulfilled by these licensed third-party retailers. 

The Sites are directed to adults aged 21 or older and you must be at least 21 years of age to make a purchase through the Site and to receive delivery of the products purchased.

Please read the terms of this Privacy Policy carefully. If you do not agree to the terms in their entirety, you may not access or otherwise use the Sites or their offerings. You agree to the terms of this Privacy Policy when you (a) access or use the Site; (b) access and/or view any of the text, photographs, graphics, artwork, video, audio, stories, and/or other content featured on the Sites (collectively, "Content"); (c) sign up to receive Wine Services; (d) access links to Martha Stewart Wine Co.'s social media pages or accounts on third-party social media websites such as Facebook®, Instagram®, Pinterest®, SnapChat® and Twitter®

i

(collectively, "Social Media Pages"); and/or (e) use the Sites' many interactive features designed to facilitate interaction between the end user, Martha Stewart Wine Co. and other users of the Sites including, but not limited to, blogs and associated comment sections located in designated areas of the Sites (collectively, the "Interactive Services").

WHEN YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES (1) A REQUIREMENT TO ARBITRATE ANY CLAIM, DISPUTE OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATE TO THIS PRIVACY POLICY OR YOUR USE OF THIS SITE. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE YOUR DISPUTE; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. SEE

TERMS & CONDITIONS

FOR MORE INFORMATION.

We are not responsible for the content on, or the privacy practices of, any third-party website not owned by us to which our Sites link or that link to our Sites. If you visit, or submit information to, any of those websites your visit and information are governed by the privacy statements of the third parties who own or operate those websites. We encourage you to carefully read the privacy statements of any website you visit.

INFORMATION COLLECTION

Many areas of the Sites do not require registration and may be accessed by you without having to disclose any personal information. However, when you use the Wine Services or other aspects of the Sites, you will be required to register and provide personal information about yourself in order to create an account. Please be sure to protect the confidentiality of the login and password for any accounts you create. When you use the Wine Services or create an account, we or our service providers may collect, use and share personally identifiable information such as your name, age, billing address, shipping address, email address, telephone number, account password, credit card information and birth date, or if you purchase a Gift for someone else, we may also collect, use and share the name, age, shipping address, email address, telephone number and birth date or anniversary date of the Gift recipient, as well as other information you choose to share with us, and when you access the Sites with a mobile device, we may also collect and use your device ID (also called a UDID) (all information collectively, "Personal Information"). If you access our social media pages, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the social media service to share with us, such as your profile picture, email address or friends lists, and any information you have made public in connection with that social media service, and when you access our Sites you are authorizing us to collect, store and use such information and content in accordance with this Privacy Policy.

We also collect non-personally identifiable information when you access our Sites. Our computer servers automatically record information that your browser sends whenever you visit a website. This includes internet protocol ("IP") addresses, browser type, operating system, Internet service provider (ISP), referring and exit pages, platform type, date/time stamp, click data, number of clicks, and other technical information about or from your computer in order to analyze trends, administer the Sites, track users' movements, and gather and analyze demographic information. This log information is not linked to personal information unless you are an active customer, or have otherwise provided such information to us.

Like most other websites, we may also collect certain information automatically, including through the use of cookies, web beacons and other technologies throughout the Sites. A "cookie" is a small removable data file placed on your computer hard drive that often includes an anonymous unique identifier and allows websites to remember user activity and visits to a site. Cookies are used to do things such as provide visitors with customized content and to track unique Site visitors, orders and shopping cart items. We use both session and persistent cookies on our Sites. (Session cookies expire at the end of a short period of time after you visit the Site; persistent cookies, also called stored cookies, remain active until disabled through your browser settings or until a longer-term pre-set expiration date.) Unfortunately, if you turn off cookies in your browser settings, you will not be able to shop from our Site. We may use third-party advertising companies to serve interest-based ads to you or conduct email campaigns on our behalf. These companies may also place cookies, java script tags, action tags, "pixel tags" (also known as "single pixel gifs," "clear gifs" or "web beacons") and other tracking technology on your browser to recognize your computer each time they send you an online advertisement, when you visit our Sites, to help us analyze a user's online behavior, measure the effectiveness of the Sites and our advertising and marketing, and track information on our Sites for analytics purposes, among other things. We do not control the use of those third-party cookies or other technologies, and their use is governed by the privacy policies of those third parties. For more information about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info/consumers, and to opt-out of such ad networks' and services' advertising practices, go to www.aboutads.info/choices.

We may also use other analytical tools to evaluate site performance through the use of aggregated data. We work with service providers that help us track, collect, and analyze this information. We may also track certain information about the identity of the sites you visited immediately before or after coming to this Site.

INFORMATION USE

We will use the information you provide to us to communicate with you about your orders and deliveries, and we may send you a confirmation email when you register an account or place an order with us. We may also use the information we collect for various purposes, including to: (a) create your account; (b) permit you to log into the Sites; (c) create a shopping cart and process your orders placed in connection with the Wine Services; (d) bill you for your purchase(s); (e) register a Wine Membership; (f) contact you, for example, if there is an issue with any orders placed through the Wine Services or your Wine Membership; (g) communicate with you via email about your transactions on the Sites; (h) send you periodic emails; (i) respond to questions or other requests; (j) inform you of new products, services, promotions, and offers and those of our business partners through email, postal mail, telephone or other means; (k) optimize our advertising and display ads; (l) contact you with respect to your use of the Sites or changes to the Privacy Policy or other Terms & Conditions; (m) improve the Sites and the content, features and services provided by the Sites, as well as customer service; (n) update and maintain the accuracy of our information; (o) use for our internal business purposes; (p) send you other notices in order to comply with applicable laws and regulations; (q) data analytics purposes; and (r) for other purposes disclosed at the time you provide information to us.

Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.

We may also work with one or more data-modeling and/or data-append service which allows us to combine the information you have provided, or have permitted us to gather directly from you, including but not limited to your email, IP address(es) and/or other Personal Information, with other data, including offline data, in order to learn more about you.

INFORMATION SHARING

It is our policy to not disclose your Personal Information to third parties not wholly owned by us or under common control with us for the third parties' direct marketing purposes. We may disclose your Personal Information to third parties, whether wholly owned by or under common control with us, as necessary to provide the Wine Services you request, process your order, optimize our Sites, and to conduct marketing services on our behalf.

We may share your information with Martha Stewart Living Omnimedia for business purposes. We may also share your information with other companies that provide support services that allow us to bring you the products and services we offer, and process your order and other requests, such as licensed third-party retailers who process and fulfill orders, the delivery company through which orders are shipped, web hosting companies that provide the Sites, and other specialized service providers such as payment processors, mail and e-mail distributors, data monitoring and analytics companies, promotions management companies, survey sites and mobile payment processors. We provide these third-party companies only with the information they need to perform their services. We may also share your information with companies that help us market our products and services.

With respect to your credit card information, when you make a purchase on our Site, your payment information is passed directly to our credit card processor in an encrypted format. We do not store your credit card information but, instead, receive a token that we match to your order to complete the transaction.

In addition, we work with third parties, such as ad networks, analytics companies and social networking platforms, and they may collect information about your online activities over time and across our Sites and other online services. We require that these third-party companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.

We may share your email address, or other information you voluntarily provide to us with third-party partners for purposes of their provision to us of services, and/or our collection of information from such sources, for use in connection with our internal data-modeling and marketing or similar activities. Such third-party partners are not authorized to use your email address for any other purpose.

We may share the non-Personal Information we collect from you with third parties without express notice to or consent from you, and we may exploit, use and disclose non-Personal Information without limitation of any kind. We may share aggregate or summary information regarding our customers that does not identify you personally with partners, advertisers or other third parties.

We may be required to disclose your Personal Information and/or non-Personal Information in response to subpoenas, court orders, requests from law enforcement officials, or if we are otherwise required to disclose such information by law.

As we develop our business, we might sell or buy businesses or assets. In the event of a company sale, merger, reorganization, dissolution, or similar event, the Personal Information and other information you provide to us or that we have gathered about you may be part of the transferred assets, and we may assign any of our rights and delegate any of our duties under this Privacy Policy at any time, without your consent, at our sole discretion. This Privacy Policy, along with the Terms & Conditions, will inure to the benefit of our successors, assigns and licensors, provided that any such party's use of your Personal Information complies with the terms and conditions of this Privacy Policy.

SECURITY

When you make an online purchase from our Site, we use Secure Socket Layer (SSL) software to protect your personal information. SSL software encrypts the personal information that is transmitted between you and our Site. When you submit your credit card information, it is passed directly to our credit card processor in an encrypted format. We do not store your credit card information but, instead, receive a token that we match to your order to complete the transaction. We do not share your payment information with any third party except our payment processing provider for the purpose of processing your payment. While we strive to secure the information we collect, even reasonable security measures do not guarantee the security of information transmitted via the Internet. We cannot guarantee that information we seek to protect will be protected under all circumstances, including those beyond our reasonable control. You acknowledge and agree that you transmit information to us via our Sites at your own risk. Additionally, if you share emails you receive from us with others, you may be unintentionally sharing your Personal Information contained in these emails with such parties, and you acknowledge that you will be sharing it at your own risk.

CHILDREN'S PRIVACY

Our Sites are directed to adults 21 years of age and older. We do not knowingly collect Personal Information from people under the age of 21, including children under the age of thirteen. If we become aware that we have collected Personal Information from a user who is under the age of thirteen, we will remove that child's personal information from our files.

CALIFORNIA RESIDENTS' PRIVACY RIGHTS

It is our policy to not disclose your personal information to third parties for the third parties' direct marketing purposes.

OPT OUT

Upon your request, we will stop sending emails to your email address. To stop receiving emails from us, simply click on the unsubscribe link located within one of our emails to you. Please allow up to ten (10) business days for the unsubscribe to take place. During that time, you may continue to receive communications from us that were already in process. Please note that even if you opt out, we may continue to contact you regarding your order or Wine Membership, Gift purchase, other transactions you initiate or initiated, or to respond to any inquiry or request you make to us.

CONTACT INFORMATION

If you have any questions or comments about our Privacy Policy, please contact us at privacy@marthastewartwine.com.

USERS OUTSIDE OF THE UNITED STATES

Our Sites are located within the United States. Your Personal Information will be processed and shared in the United States, where data protection and privacy regulations may provide different levels of protection compared with non-United States jurisdictions. If you are located in the European Union, the United Kingdom, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Sites or providing you with your information, you consent to this transfer of your information.

DISPUTES

Any disputes regarding this Privacy Policy are subject to our Terms & Conditions. This Privacy Policy, and any disputes arising out of it, will be governed by the laws of the State of California, regardless of its conflict of law principles. WHEN YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES, TO THE EXTENT PERMITTED BY LAW, (1) A REQUIREMENT TO ARBITRATE ANY CLAIM, DISPUTE OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATE TO THIS PRIVACY POLICY OR YOUR USE OF THE SITES. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE YOUR DISPUTE; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. SEE TERMS & CONDITIONS FOR MORE INFORMATION.

CHANGES TO THIS POLICY

We may change this Privacy Policy from time to time without notice to you. We encourage you to refer back to this policy periodically to ensure you are aware of our current policy. Your continued use of the Sites following the posting of any amendment, modification or change to this Privacy Policy shall constitute your acceptance thereof.