Heritage Distilling Company, Inc. Privacy Policy

Last modified: November 25, 2024

Heritage Distilling Company, Inc. values your privacy. This Privacy Policy (this “Policy”) describes how Heritage Distilling Company, Inc., a Washington corporation (“Heritage” “we,” “our,” or “us”) may collect and use your Personal Information (as defined below) from you (“you”) when you visit https://heritagedistilling.com (the “Website”), purchase products from us via the Website, or otherwise engage directly with us online or through our customer support channels (such interactions with us are collectively referred to in this Policy as your use of the “Services”). This Policy does not apply to Personal Information collected by any third party, even if such third party is referenced or linked to from the Website.

We may update or modify this Policy from time to time. If we make material changes, we will revise the “Last Updated” date above, and we may also choose to send you a notification of those changes.  We encourage you to review this Policy frequently to stay informed about our privacy practices and how you can exercise your options related to those practices.

Your continued use of the Services will constitute your understanding and acknowledgment of this Policy.  If you do not agree with our Policy or any updates, do not use the Services or provide any Personal Information to us.

  1. PERSONAL INFORMATION WE COLLECT

For purposes of this Policy, “Personal Information” means any information relating to an identified or identifiable individual.  We may collect the following types of Personal Information:

Personal Information You Provide to Us

We collect Personal Information that you provide to us when you use the Services, for example by purchasing products from the Website, or contacting us directly with questions or feedback. This Personal Information may include:

  • Identifiers, such as your name, email address, telephone number, shipping address, or billing address;
  • Account Access information, such as a username in combination with a password or other credential that allows access to an account or membership club;
  • Purchase information, such as purchase amount or date;
  • Communication information, such as your phone number or preferred email address when you contact us directly.

Note that if you make a purchase via our Website, you may be required to provide financial information, such as your credit or debit card number, to our third-party payment processor.  We do not collect or store such financial information and we are not responsible for the payment processor’s data collection or storage practices.

 

Personal Information We Collect from Third Parties

We may collect Personal Information from third parties. This information may include:

  • Service provider information, such as Personal Information we receive from the third-party service providers we work with to collect the Device information and Activity information described below;
  • Publicly available information, such as Personal Information provided on customer or prospective customer websites or on publicly accessible portions of social media or networking sites; and
  • Third party cookie information, as described below under “How We Use Cookies.”

 

Personal Information We Collect Automatically 

We may automatically collect Personal Information when you use the Services. This information may include:

  • Device information, such as device model, operating system and version, unique device or personal identifiers, mobile network information, IP address, or browser type;
  • Activity information, such as when you accessed the Services, Website usage information, which pages you viewed on the Website, and which sites you visited before and after accessing the Website;
  • Location information, such as your approximate location, which we infer via the IP address you use to access the Services. Note that we do not have access to or collect your precise geolocation data; and
  • Cookie information, as described below under “How We Use Cookies.”

 

Aggregated Data

We may also collect, create, and use aggregated data sets for our commercial purposes.  These data sets may be derived from Personal Information, but they are not Personal Information because such data cannot be reasonably linked back to a specific individual. 

  1. HOW WE USE PERSONAL INFORMATION

We may use the Personal Information we collect to serve the following purposes:

  • to make the Website available to you;
  • to create an account for you upon request to access certain parts of the Website or participate in certain Services like members clubs;
  • to facilitate your purchases from us;
  • to manage our relationship with you, including responding to your inquiries and support requests, provide you with notices and updates, and requesting your input or feedback;
  • to market our products and the Services to you;
  • to serve you advertisements we believe may be of interest to you;
  • to analyze your use of the Services;
  • to improve and enhance our products and the Services;
  • to detect and protect against security incidents or fraudulent or unlawful activity;
  • to comply with legal and regulatory requirements;
  • to defend ourselves from potential litigation or legal claims; and
  • for other legitimate purposes at your direction or with your consent.

How We Use Cookies

We and some of our third-party service providers collect and store some of the information described above under “Information We Collect Automatically” by using cookies and other similar technologies like pixels, tags, and web beacons (collectively, “Cookies”). Cookies are small strings of information that a website you visit transfers to your browser.  Cookies can be used to track your internet activity, remember your preferences, improve your user experience, or support marketing activities, like targeted advertising. Some cookies are necessary to operate a website, while others are not. You can decide if and how your device will accept cookies by configuring your browser settings (see below under “Your Privacy Choices” → “Cookies”).  If you choose to reject cookies, you may not be able to use certain features of the Services.

We currently use the following types of third party cookies:

  • Functionality cookies, which help us enhance how the Website works, including by remembering your specified preferences and enabling purchase and customer support interactions. Our third party partners that set functionality cookies on the Website are Shopify, Shogun, Hulk Forms, ShipStation, and Rebuy.
  • Analytics cookies, which help us analyze how you use the Website, including by tracking how you interact with the Website, which pages you visit, and errors you may encounter. Our third party partners that set analytics cookies on the Website are Google, Klaviyo, X Analytics, and Facebook.
  • Advertising cookies, which help us deliver ads that may be of interest to you. Our third party partners that set advertising cookies on the Website are Google, Shopify, TradeDesk, X Advertising, and Meta
  1. HOW WE DISCLOSE PERSONAL INFORMATION

We may disclose Personal Information to third parties as follows:

  • to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep your Personal Information confidential and use it only for the purposes for which we disclose it to them (for example, cloud service providers, web hosting services, or payment processors);
  • to our professional advisors, such as auditors, accountants, or lawyers;
  • in connection with a change to the control or financial status of Heritage, such as a merger, sale of our assets, financing, acquisition, or bankruptcy;
  • to our current and future affiliate companies;
  • to protect the legal rights, safety, property, or security of Heritage and our community, such as to enforce our Website Terms of Use, to prevent fraudulent or unlawful activity, or to respond to a law enforcement or government authority request or other legal or regulatory process;
  • on an aggregated and anonymized basis; or
  • to other third parties at your direction or with your consent.
  1. YOUR PRIVACY CHOICES

Your use of the Services is voluntary. You may decline to share certain information with us, or you may opt-out or withdraw your prior consent to share Personal Information with us (as set forth in this section and in Sections 5 and 6 below); in such instances, we may not be able to provide you with some or all of the features and functionality of the Services.

  • Emails: If you no longer wish to receive marketing emails from us, you can unsubscribe at any time by following the instructions in our marketing emails. Please note that even if you unsubscribe from marketing emails, you may still receive emails from us related to the Services, such as emails about changes to our policies or about purchases you’ve made from us.
  • Text Messages: With your consent as required by applicable law, we may send communications containing Services-related information by autodialed, prerecorded, or artificial voice calls or SMS, or text messages, at any phone number or email address you provide in connection with your account, even if your phone number is on the national or any state’s do-not-call registry. If you no longer wish to receive text messages from us, you can unsubscribe at any time by texting “STOP” in response to a text message from Heritage.
  • Cookies: Many web browsers enable cookies by default. You may choose to opt-out of our use of nonessential cookies. You can change your cookie settings or disable cookies at any time by updating your browser settings or, in the case of third party cookies, by visiting the site of the third party partners. The online advertising industry also provides tools that enable you to opt out of certain advertising cookies. More information about these tools and opting out of cookies is available at usa.gov, allaboutcookies.org, aboutads.info/choices, and networkadvertising.org/choices.
  • Do Not Track Signals: We do not currently recognize or respond to automated browser signals regarding tracking, such as “Do Not Track” signals.

 

  1. MORE INFORMATION FOR CALIFORNIA RESIDENTS

This section only applies to users of the Services who are California residents and is intended to supplement the other information provided in this Policy.

Residents of California are entitled to the following disclosures:

  • Categories of Personal Information: In the past 12 months, we may have collected Personal Information about you in the categories noted above under “Personal Information We Collect”. We do not knowingly collect sensitive Personal Information, and we do not knowingly collect or sell Personal Information of minors.
  • Sources of Personal Information: We collect Personal Information about you from the sources noted above under “Personal Information We Collect”.
  • Use and Disclosure of Personal Information
    • We use and disclose your Personal Information in the ways noted above under “How We Use Personal Information” and “How We Disclose Personal Information”.
    • In the past 12 months, we have disclosed, for business purposes, your Personal Information as noted above under “How We Disclose Personal Information”.
  • Sales of Personal Information: We do not “sell” your Personal Information (as the term “sell” is construed under California law), and we have not engaged in any “sales” of Personal Information in the last 12 months.
  • Sharing of Personal Information: We do share your Personal Information with third parties for targeted advertising purposes.

 

Residents of California are entitled to exercise the following privacy rights:

  • Right to Know: You can request access to the Personal Information we collected about you in the last 12 months, how we collected it, and how we used and/or shared it (note that much of that information is provided in this Policy).
  • Right to Delete: You can request that we delete Personal Information we have about you, subject to certain exceptions.
  • Right to Correct: You can request that we update or correct the Personal Information that we have about you.
  • Right to Opt-Out: You can request to opt-out of sharing your Personal Information for the purposes of targeted advertising (you can also exercise this opt-out right by disabling or limiting the use of cookies as described above under “Your Privacy Choices” → “Cookies”).
  • Right to Nondiscrimination: You will not be discriminated against by Heritage for exercising any of your California privacy rights.

 

To exercise any of your California privacy rights (or to have an agent do so on your behalf), please email us at info@heritagedistilling.com  with the subject line “California Privacy Request”.  We will need to verify your identity and request before taking your requested action(s).  If an agent makes a request on your behalf, we will need to verify that agent’s authority to act on your behalf, and we may need you to verify your identity directly with us.

6.   MORE INFORMATION FOR CERTAIN OTHER U.S. RESIDENTS

If you reside in a U.S. state that currently has a comprehensive privacy law in effect, you may be entitled to exercise the following privacy rights:

  • Right to know or access your Personal Information;
  • Right to update or correct your Personal Information;
  • Right to deletion of your Personal Information;
  • Right to opt-out of sharing of your Personal Information for the purposes of targeted advertising purposes or automated decision-making or profiling; and/or
  • Right to nondiscrimination for exercising any of your privacy rights.


To exercise any of these privacy rights, if they apply to your relationship with us, please email us at info@heritagedistilling.com with the subject line “Privacy Request”.

  1. DATA SECURITY

We take reasonable steps to protect your Personal Information from loss or unauthorized use, access, disclosure, or destruction. Even so, we can’t guarantee the complete security of any Personal Information you disclose online. For example, emails sent to or from our Services may not be secure, and so you should take care when considering what information you send to us via email. To the extent permitted under applicable law, we assume no liability or responsibility for the loss, disclosure, or destruction of your Personal Information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

  1. DATA RETENTION

We retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected, or for other essential purposes, such as complying with our legal obligations, resolving disputes, enforcing our agreements, or otherwise as required or permitted by law.

  1. INDIVIDUALS UNDER THE AGE OF 21

Neither the Website nor the Services is intended for use by individuals under the age of 21. We do not knowingly collect Personal Information from persons under the age of 21. If you are under 21, do not use the Services or provide any Personal Information to Heritage.  If you believe we might have any information from or about an individual under the age of 21, please contact us at info@heritagedistilling.com.

  1. THIRD PARTY CONTENT

The Services may make available or provide links to websites and services provided and operated by third parties (“Third Party Content”). Heritage does not control, and is not responsible for, any Third Party Content, and this Policy does not apply to Third Party Content.  We encourage you to review the privacy and security policies applicable to any Third Party Content before engaging with it.

  1. GEOGRAPHIC RESTRICTION

The Services are hosted in the United States and are intended for use by residents of the United States. We make no representations that the Services are appropriate or available for use in any location outside of the United States. If you are a resident of another country or are using the Services from outside of the United States, please note that you are transferring your data to the United States, which does not have the same data protection laws as other regions.

 

  1. CONTACT INFORMATION

If you have any questions about this Policy or would like to exercise one of your privacy rights,  please contact us at:

Heritage Distilling Company, Inc.
9668 Bujacich Road
Gig Harbor, WA 98332
info@heritagedistilling.com