Privacy Policies

Your Privacy Rights

Updated August 16, 2021

Our Commitment to Privacy

Protecting your privacy is important to us. This privacy policy explains how W.H.Y. Cellars, doing business as FAIREST CREATURE, collects, uses and safeguards information you provide to us on this Site or that you have otherwise given us which personally identifies you, as well as general, non-personal information that is automatically collected from our Site. This policy does not, however, govern the terms of our relationship or constitute any representation or warranty. The terms of our relationship are governed by our Terms and Conditions, which you can find here.

Please read this privacy policy carefully. By visiting and using the features on the Site (including Mailing List signup, placing orders, or other Site features and browsing), or by providing us with your personal information, you agree to this privacy policy.

Summary of Your Rights

If you ever have any questions about how we use and store your personal information, you can submit those questions to us at info@fairestcreature.com. Below is a non-exhaustive summary of the rights you have in this policy. This summary is only for your convenience: it does not change the details, exceptions and legal obligations that apply to these items set out in more detail below:

  • We do not and will not sell your data to anyone. We share your personal information only with certain of our service providers when necessary to carry out our business with you.
  • You may opt out of receiving marketing e-mails or the use of your personal data by us for direct marketing purposes. To opt out of the use of your personal data for this purpose, contact us at info@fairestcreature.com or by phone at (707) 890-6880. But you may miss out on allocations.
  • You cannot opt out of our sharing your information with our service providers that facilitate your transactions, but they cannot use your personal information for their own direct marketing purposes.
  • You can manage your personal information in your Account, reached by clicking the upper right-hand corner of any main page on this website. If you would like us to delete your information or account, you can send your request to info@fairestcreature.com or telephone us at (707) 890-6880, and we will delete it (unless there is a specific reason we need to keep it).
  • We use cookies to make our website work and to enhance your experience, as well as for our marketing purposes. You may manage your cookies, ‘Do Not Track,’ and similar technologies by accessing your browser’s preference/settings menu. If you reject cookies, the Site may not work fully and you won’t be able to place orders online.

Notice of Collection

Who is Collecting Your Data

W.H.Y. Cellars, doing business as FAIREST CREATURE, controls the data that is collected on the Site. Contact us anytime with questions at info@fairestcreature.com or (707) 890-6880.

What Information We Collect

We collect and store certain personal information about you at various points in order to provide you with products and services. This information includes your email, other personal contact information, and billing and delivery addresses. We collect this information when you provide it to us directly. Additional information is gathered from your devices automatically, as discussed in the Cookies section below.

Why We Collect Your Information

We collect your information to manage our relationship with you and send you communications, and for a number of our other business purposes, including the following:

Age Verification

You must be of legal age to use the Site or to purchase any alcoholic beverage. If you wish to purchase any alcohol-containing beverage from us, you may be required to provide personal information sufficient to verify that you are over 21 years of age. If you do not provide information to verify that you are of legal age, we cannot provide any services to you. We also cannot ship any product to you if you do not provide an address at which a person over the legal age is available to receive the product. We do not knowingly collect nor do we sell personal information from individuals under 21, nor do we direct any of our content to individuals under 21. If we learn that we collected the personal information of a minor, we will take steps to delete the information as soon as possible.

Transactions

We are required to collect and provide your information to certain of our service providers in order to process your orders, deliver your purchases to you, store your data, and manage email addresses, as discussed below.

Marketing

We also use the information we collect for our own marketing purposes. If you would like to opt out of our use of your information for our marketing purposes, or to be removed from our email list, you may contact us at info@fairestcreature.com. Even if you opt out, we may still send emails to you concerning specific transactions or other non-marketing related messages. Our service providers are not permitted to use your information for their own marketing purposes, unless they have an independent relationship to you and have obtained your information from another source. We do not provide your personal information to any third parties for their own direct marketing purposes.

When you visit the Site, we also collect some basic non-personal information about you and your browser. Examples of such non-personal information that is collected include what type of browser and operating system you are using, how long you remained on our Site and what pages you looked at while here. This non-personal information is anonymous and helps us understand how visitors browse our Site, so that we can make their shopping experience better. We do not make any efforts to identify you from this non-personal information.

How Long We Keep Your Information

We will retain your information for as long as your account is active or as necessary to provide you services and to maintain a record of your transactions for financial reporting and compliance purposes. If you wish to cancel your account, please contact us at info@fairestcreature.com. We will keep your order history on file indefinitely so that we can always provide you with information on what you ordered previously unless you ask us to delete it.

How to Access or Delete Your Data

If you have created an account on the Site, you can access or delete your personal information in the your Account section. Otherwise, you can contact us at info@fairestcreature.com or (707) 890-6880. However, we may no longer be able to sell you any alcohol containing beverages if you ask us to delete your information showing you are of legal age or are in a location where it is legal for us to sell to you, and you may need to make other arrangements to verify your age and location to facilitate transactions.

If you would like us to delete your account, please contact us at info@fairestcreature.com or (707) 890-6880. Note that even if you request deletion, we may continue to retain and use information as may be authorized or necessary under California Law.

In order to ensure protection of your information from fraudulent requests, we require you provide us with additional information to verify your identity should you wish to access or delete your data. For your protection, in the event the requisite verification is not satisfied, we may deny the request for access to your account data or to delete your account.

Protecting Your Information

We make every effort to ensure that any data that we store about you is kept behind a secure firewall and is not accessible to the public in any way. Any sensitive information (such as credit card number) that we collect from you is encrypted. We protect user data offline as well by restricting access to information to only those employees (for example, a Customer Care representative) who need the information to perform a specific job. All employees are kept up to date on our security and privacy practices and are aware of the importance of keeping customer data secure and safe at all times. We also outsource certain of our data processing operations to third parties as discussed below, and we have agreements with those service providers that require them to maintain security over your information.

Although we use our best efforts to protect the security of your information and our system, and we have agreements in place with our service providers requiring them to do the same, no transmission via the internet or storage of data can be guaranteed to be 100% secure. As a result of this and other factors beyond our control, we cannot guarantee the security of the information that you transmit to or through our Site. Therefore, you assume that risk by using the Site.

If you have any questions about the security of our Site, please feel free to contact us at info@fairestcreature.com.

How We Share Your Information

We value your privacy, and we will never sell or rent any personal information to any third party for that third party’s marketing purposes unless we are given explicit and affirmative authority to do so by you. Certain of our Affiliates have access to your personal information in the same systems as Fairest Creature, are part of the same business, and subject to the same privacy policies and practices, and will also never sell or rent your personal information.

We work with service providers and third parties to assist us to fulfill our sales and services to you and to process your data, including shipping companies, data hosts, credit card processors, and email management companies to host our databases, ship orders, process credit cards, bill users for goods and services.We require all such service providers and third parties to keep any information they receive confidential, maintain the privacy of all our customers, and to use any information provided to only provide services on behalf of us and you.

From time to time, we may also employ other companies and individuals to perform services, to maintain and operate the Site, and to maintain certain features on the Site. To such parties, we may disclose non-personal information such as traffic patterns and website usage data, but in no event will we disclose any personal information. Third parties may also acquire browsing data or other information about your activity on the Site through cookies, as discussed below. We also may employ service providers and third parties to analyze our sales data for internal purposes, in which case we may disclose information to such parties such as the wines purchased, the location of shipment, and the frequency of purchases. We additionally may enlist a service provider or third party to assist with marketing and sending member e-mails, in which case we will provide these third party vendors only with member e-mail addresses. Again, we require all such service providers and third parties to keep any information they receive confidential, maintain the privacy of all our customers, and to use any information provided for services on our and your behalf.

Cookies

Our Site uses cookies to speed navigation, keep track of items, and provide you with custom-tailored content. We also use cookies to remember some of the information you’ve given us so you don’t have to reenter it each time you visit the Site. By showing us how and when shoppers use the Site, cookies also help us see which areas are popular and which are not. Many improvements and updates to the Site are based on data such as total number of visitors and pages viewed. Most browsers are initially set to accept cookies. You may manage how your browser handles cookies and related technologies by adjusting your browser’s security and privacy settings. Refer to instructions related to your browser to learn about privacy and security settings that are available to you. The cookies that we use do not allow other parties to collect personally identifiable information about your online activities over time and across different Web sites. Those third parties are discussed above. If you reject, block or delete cookies, you may not be able to use particular features of the Site or take full advantage of features offered on the Site, and you will not be able to place an order on the Site.

Do Not Track Signals

Some browsers have incorporated “do not track” features to enable users to make privacy and security choices. By using these settings, your browser may send a signal to our website not to collect tracking information. The Site does not track information from users through cookies if a “do not track” signal is received. Information tracked by the Site through cookies is discussed above.

Data of Minors

The Site is not directed at children and cannot be accessed by persons who do not verify that they are of legal drinking age. As a result, we will not knowingly collect information from minors of any age in the U.S., including those under 13, with or without consent from their parents or guardians.

Protecting the privacy of children is very important to us.If we learn that we collected the personal information of a minor, we will take steps to delete the information as soon as possible.If you believe we have inadvertently collected the personal information of your minor child, please contact us at info@fairestcreature.com.

Legal Disclaimers

In addition to the use of your personal information as described above, we reserve the right to disclose your information as allowed or required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site.

This Site may contain links to other sites. We are not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each site that collects personally identifiable information. This privacy policy applies solely to information collected by this Site.

As set forth above, the Site is in, and this Privacy Policy is governed under the laws of California and the United States.Residents of the European Union may have certain additional rights, including the ability to request corrections to your personal data, which we will recognize if you contact us at info@fairestcreature.com.

Privacy Policies Update

We reserve the right to modify this privacy policy at any time.We may periodically revise this privacy policy without notifying you of the changes. It is up to you to consult this page to become aware of the changes. However, if we have your email address, we will notify you in the event we make any changes that substantially affect your rights to your personal data, specifically, if we intend to change our policy that we do not sell your personal information to any third party.

If you have any questions about this policy, you can reach us at info@fairestcreature.com.

August 16, 2021