Terms & Conditions
Read the full details of our terms & conditions below.
Last Updated: June 27, 2020
By using the Services, downloading, installing or using the App, visiting the Website, and/or enabling Bluetooth on your Appliance, you accept and consent to all of the terms of this Policy. If you do not agree with any terms of this Policy, please do not USe the services, download, install, CREATE AN ACCOUNT WITH, ACCESS or use the App, Visit the Website or enable bluetooth on your appliance.
We offer the Services to those individuals who are 21 years of age or older. Do not use the Services if you are not at least 21 years old.
CHANGES TO THIS POLICY. Drinkworks reserves the right to modify or replace this Policy at any time at our sole discretion. We will reflect any such modifications to this Policy in our App and will indicate at the top of this page the date this Policy was last amended. Any changes to this Policy will become effective upon posting. Your continued access to and/or use of the Services after any such changes constitutes your acceptance of, and agreement to be legally bound by, this Policy as revised. Please periodically review this Policy so that you know, among other things, what information we collect, how we use it, and with whom we may share it.
If you have any questions, comments, or requests specific to this Policy, please contact us as outlined in Section 10 below.
WHAT INFORMATION DO WE COLLECT? We, or our service providers, may collect information from or about you that you provide to us directly or that we receive automatically from your use of the Services.
Information We Collect From You Directly
When you download the App, create an account, make a purchase, or otherwise use our Services, we or one of our third-party service providers may collect certain personal information from you.
When you download the App for the first time, we will ask you to create an account and to provide certain information, including your name, email address, state of residence, and date of birth.
If you are making a purchase, you will be asked to provide payment information (e.g., credit card information) and order fulfillment information (e.g., billing and delivery addresses). Payment information is collected by our third-party payment processor, and order fulfillment information for alcohol products (e.g., drink pods) is collected by our third-party service provider for alcohol sales. We do not collect, access, store, or process any payment information, nor any order fulfillment information for alcohol sales. We strongly suggest that you read the privacy policies of those third-party service providers to learn more about the use, storage, and protection of your payment information and order fulfillment information for alcohol sales. However, we do collect, access, store, and process order fulfillment information for non-alcohol products (e.g., the Appliance). This would include, for example, your name, the product information, delivery address, and shipping details.
When you download the App, we will request permission to send you push notifications in the App. We may also use App features to provide you with the opportunity to contact us to ask questions, request information, or provide comments or suggestions. We may send you in-App notifications, requesting you to rate our products with a star rating and to tell us more about why you gave a particular star rating. We may also ask you for information if you have entered a contest or promotion sponsored by us, or if you have responded to one of our surveys. You may be offered the opportunity to have one of our representatives contact you to provide you additional information about our App, products or services (e.g., if we request feedback about the App).
We may ask if you would like to receive communications from us about special offers from us when you create an account and at other times. If you would like to opt-out of such communications, see Section 7 below (“Your Choices; Opt-Out; Do-Not-Track Requests; and Third-Party Tracking”).
Information We Receive from Your Use of Our Services
Appliance Information. The Appliance collects data including Appliance system performance, dispense records, pod IDs, runtime, water temperature, and errors (“Appliance Information”). If you opt-in to share Appliance Information from your Appliance to the App via Bluetooth, and your Appliance syncs with our App, data recorded on your Appliance will be transferred from your Appliance to our servers and will be used in accordance with this Policy.
Usage Information. When you access or use our Services, we or our service providers automatically collect and receive usage information (e.g., when you view or search the Website or install the App, create any account or use features in the App). We also collect data about the devices you use to access the Services (e.g., IP addresses, device type, mobile network information, unique device identifier, operating system, browser type, application version, pages visited, and referring web pages). This information is sometimes called “log data” and helps us improve and customize the Services. This information is generally non-identifying, but if we associate it with you as an identifiable person, we will treat it as personal information.
Technologies We Use to Collect Information. Technologies we use to collect log data, directly or through our service providers, may include cookies (data files placed on your mobile device used to access the Services), analytics software, and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). A pixel tag may tell your browser to get content from another server. We, or our service providers, may place cookies or similar files on your device used to access the Services for security purposes, to facilitate navigation, and to personalize your experience while using the Services. It may be possible to refuse to accept cookies by activating the appropriate setting on your device. However, if you select this setting, you may be unable to access all or parts of our Services, and some of our feature and services on the Services may not operate as intended.
Third-Party Information Collection and Cross-Device Collection
When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include your mobile service provider, your mobile device manufacturer, and third parties engaged by us to host or store information, including information obtained through the Services, or provide certain services for us, including promotional campaigns, fulfillment and loyalty/rewards programs. These third parties may use tracking technologies to collect information from you when you use the Services. The information they collect may be associated with your information or they may collect information, including personal information, about your online activities over time and across different websites, apps, or other online services websites. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
HOW WE USE YOUR INFORMATION. We may use your information for the following:
- Communicating with you: This includes to notify you when regular maintenance is due on your Appliance, to respond to your questions or inquiries; to supply you with requested information; and to provide you with informational or promotional communications about our products and services we think might interest you.
- Providing and improving the Services: This includes to facilitate a purchase and payment you choose to make using the Services; to conduct market research and surveys; to conduct promotional activities, including contests, in association with the Services; and to improve our Services and other products.
- Identifying product and service preferences
- Preventing harm: This includes to validate credentials, authenticate customers and prevent fraudulent transactions.
- Other purposes permitted or required by law
HOW YOUR INFORMATION IS SHARED. When you provide information to us during your use of the Services, that information may be shared with our service providers and other partners that provide business, professional, or technical support functions for us. Our service providers include website host provider, data warehouser, analytics provider, third-party payment processor, order fulfillment provider, customer management provider, customer support provider, and marketing provider.
We may share information with our parent companies. We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. We may also share your information when you authorize us to share your information with others.
We may also use, or disclose your information to third parties if we have reason to believe that using or disclosing such information is necessary to (i) investigate possible unlawful activity or security breaches; (ii) identify, contact, or bring legal action against someone who may be violating one of our agreements; (iii) cooperate with lawful requests from law enforcement or other government authorities, such as valid subpoenas or court orders; or (iv) protect our rights, safety or property.
HOW WE PROTECT INFORMATION. We protect your information by maintaining physical, administrative and technological safeguards intended to help protect against unauthorized use, disclosure or access. Information may only be accessed by persons within Drinkworks, or our affiliates, or our third party service providers, who require such access to carry out the purposes indicated above. We retain information that we collect for as long as reasonably necessary to fulfill the purposes for which it was collected or to meet any legal requirements.
Although we have taken commercially reasonable measures to help protect our Services, computer systems, and any information that we have collected against unauthorized use, access, disclosure, misuse, alteration, or destruction, there are no security measures that can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.
We are headquartered in the United States. Information may be accessed or used by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. If you are located outside the United States, be advised that any information you provide to us will be transferred to and stored in the United States and that, by submitting information to us, you explicitly authorize its transfer and storage within the United States. We will treat the information subject to this Policy according to this Policy regardless of where it is processed or stored. Information may be subject to access requests from governments, courts, or law enforcement in jurisdictions outside the United States according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the information.
YOUR CHOICES; OPT-OUT; DO-NOT-TRACK DISCLOSURES; THIRD-PARTY TRACKING. If you have submitted information to Drinkworks and would like to have it updated, corrected, or removed, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request. However, we may not be able to allow you to update, correct or remove certain information in certain circumstances, for example if it contains information of other persons, or for legal reasons. In such cases, we will provide you with a reasonable explanation of why it is not possible.
Opt-Out: If you have opted-in to share Appliance Information with us, you may opt-out at a later stage by turning off data sharing within the App. If you receive any promotional email communication from us, you will be given the option to “unsubscribe” from receiving further email communications from us at any time. Your option not to receive promotional and marketing material from us will not preclude us from corresponding with you, by email or otherwise, regarding existing or past business relationships with us, and will not preclude us from accessing and viewing your information in the course of maintaining and improving the Services.
Do-Not-Track: You can also manage how your mobile device, browser, computer, and other platforms and software share information by adjusting your privacy, security, WiFi and related settings. For example, some browsers and devices have a Do Not Track feature that sends a signal to website, analytics companies, ad networks, plug-in providers and other web services to stop tracking your activity. Unless your browser or device settings are configured to make your activities invisible to usage analytics tools, we do not presently have the capability to omit you from usage analytics to the extent your browser only sends a “do not track” message and does not otherwise screen you from tracking without any action on our part. For information regarding how to enable a Do Not Track setting if available on your devices, please see https://allaboutdnt.com.
Third-Party Tracking: Third parties, other than our service providers, do not have authorization from us to track which websites, apps, or other online services you visit prior to and after visiting the App or the Website. Please note, however, that we cannot control third-party tracking and there may be some third-party tracking that occurs without our consent or knowledge.
UNDERAGE USE. Drinkworks does not knowingly collect information from persons under the age of 21. If you are under 21 years old and have gained access to the Services by providing false information about your date of birth, leave the Services immediately.
YOUR CALIFORNIA PRIVACY RIGHTS. Pursuant to California’s “Shine the Light” statute, Section 1798.83 ofthe California Civil Code residents have the right to request from a businesswith whom the California resident has an established business relationship: (1)what types of personal information, if any, of the California resident thebusiness shares with third parties for direct marketing purposes of those thirdparties; and (2) the identities of the third parties with whom the business hasshared such information in the immediately preceding calendar year.
We do not currently share any personal information with third parties for their direct marketing purposes. If you have any questions, comments, or requests related to this section of the Policy, please contact us by email at email@example.com. A number of states are currently considering enacting laws similar to the California law mentioned above. If you are a resident of a state that enacts such a law, please use the contact information above to contact us with any questions, comments, or requests.