PRIVACY NOTICE

Effective: January 1, 2021
Data Last Updated: March 1, 2023

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If you are a California resident, refer to section 12 for more information about your specific privacy rights.

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1. Introduction

Jetty Break Holdings, Inc. dba Jettywave Distillery (hereafter “Jettywave”), including all of its affiliated companies (“us,” “we,” or “our”) collects and processes information about you as described in this Privacy Notice (“Notice”). We are committed to protecting your privacy. This Notice contains details about how we collect, use, and share Personal Information that we obtain from and about you when you interact with us online (such as through our website and mobile app (“Digital Properties”), through email, or when you engage with us on social media) or interact with us offline (such as when you shop in our retail stores, interact with our delivery partners, attend our in-person events, or contact our customer service team by phone). Please read this Notice carefully.

Applicability: This Notice does not apply to the following information, which are all subject to separate privacy notices that we will make available to such individuals:

• Information about job applicants and employees.

• Information about independent contractors, including independent delivery partners.

• Information we collect from individuals with whom we engage in solely business-to-business communications and transactions, such as information about the employees of our Business Partners and customers.

Changes: We may update this Notice from time-to-time. The current Notice will be effective as of the Effective Date set forth above. Please check this Notice periodically for updates. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Notice by posting an update here. When required under applicable law we will seek affirmative consent from you before making material changes to the way we handle Personal Information previously collected from you. If you do not provide such consent, Personal Information will continue to be used in a manner that is consistent with the version of this Notice under which it was collected.

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2. Sources of Personal Information

“Personal Information” refers to any information relating to an identified or identifiable natural person or household.  We collect information about you and how you interact with us in several ways, including:

• Information you provide to us directly: We collect information you provide to us directly, such as:

  • when you communicate with us (e.g., by submitting information through our Digital Properties, via email or text correspondence, or through in-person interactions in our retail stores);

  • when you register, create an account, or transact with us;

  • when you leave a product review on our Digital Properties;

  • when you participate in our subscription programs, loyalty programs, or promotions; or

  • as otherwise described below.

• Information automatically collected or inferred from your interactions with us: We automatically collect technical information about your online interactions (i) with our Digital Properties (such as IP address, preferences, purchase history, etc.) and (ii) via your mobile device (e.g., through your precise geolocation when you have enabled location information in your device settings). We also automatically collect information in-person, such as via in-store technology (e.g., cameras and CCTV).

• Information from public sources, including government entities from which public records are obtained.

• Information from our affiliates and subsidiaries: We may receive information about you from our family of affiliated companies, which includes parents, subsidiaries, business units, and other companies that share common ownership for the purposes described below.

• Information from other third parties: We receive no information about you from third parties.

We may combine information that we receive from the various sources described in this Notice, including third party sources and public sources, and use or disclose it for the purposes identified below.

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3. Types of Personal Information We Collect

The types of Personal Information that we collect about you may include:

• Identifiers, such as your name, alias, postal address, country of residence, unique personal identifier, online identifiers (such as various advertising identifiers), internet protocol (IP) address, email address, account name, phone number, social media identifiers (e.g., Twitter handle, Instagram name, etc.), driver’s license number, passport number, or other similar identifiers.

• Customer Records, such as signatures, ID cards (including driver’s licenses), and bank account or other financial information used for transactions.

• Protected Class and Demographic Information, such as age, gender, disability (where allowed under local laws), or date of birth.

• Commercial Information and Preferences, including records of personal property, creditworthiness, products or services purchased (which may include health-related products), obtained, or considered, or other purchasing or consuming histories or tendencies.

• Internet or Other Electronic Network Activity and Device Information, such as your browsing history, search history, other information regarding your interactions with us (such as through our Digital Properties or the advertisements we place on third party platforms), and operating system/platform of your device.

• Geolocation Information, such as longitude and latitude from your IP address or mobile device location; your precise physical location and movements within our retail stores; or address information if you provide it.

• Audio, Electronic, Visual, and Other Sensory Information, such as full-face photographic images if you choose to provide them, such as when you save a copy of your ID card to your Jettywave online account or where we check your identity for delivery of age-sensitive products; video recordings/photos of our premises; call center recordings; or customer support chat logs.

• Biometric data used to establish identity.

• Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences or characteristics.

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4. How We Use Your Personal Information

We may use each category of your Personal Information described above in the following ways:

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• To enable interactions with you and provide our services, such as to:

  • facilitate your online and in-store purchases, returns, exchanges, and other transactions, including to:

    • process payments securely;

    • permit you to add and redeem offers;

    • process shipping and related location tracking; and

    • diagnose, repair and track service and quality issues;

  • register and administer your Digital Properties account;

  • communicate with you about:

    • purchases and other transactions;

    • recalls, warranties, and other similar issues;

    • your account or our data practices; and

    • your requests, complaints, inquiries, and other customer service issues;

  • to provide location related services, including to:

    • help you find nearby Jettywave product;

    • deliver orders; and

    • facilitate curbside/contactless/drive-up shopping capabilities (such as identifying when you have arrived to pick up an order);

  • authenticate those who interact with us (such as when we or our delivery partners request your ID before making age-sensitive products available, such as alcohol); and

  • facilitate subscription programs and loyalty programs, including programs that provide membership benefits or rewards when you fulfil the conditions outlined therein (and to verify you have done so), such as reduced delivery fees and other offers, as applicable from time-to-time.

• For our own internal business-improvement purposes, such as to:

• design, evaluate, and improve our products and services, including by (i) analyzing interactions with our in-store and online products and services; (ii) measuring the effectiveness of our marketing activities; (iii) tracking in-stock levels of our products; and (iv) evaluating the usage and performance of our programs and technologies;

  • perform research, such as:

    • facilitate surveys, questionnaires, or opinion polls to obtain input on our products, services, technologies, and your preferences (e.g., customer satisfaction reviews);

    • design, develop, or modify new products and services; and

    • measure analytics to reduce wait times at store checkout; and

  • maintain proper business records and other relevant records.

• To market our products or services or those of third parties, such as our Business Partners, including:

  • to provide you personalized content and experiences on our Digital Properties and in our retail stores;

  • to market products and services based on your precise location both within our stores and elsewhere, which may involve (i) sending you personalized offers and special promotions; (ii) helping you locate products in our stores; and (iii) showing you nearby products that may be of interest to you;

  • to deliver coupons, promotions, and newsletters (through push notifications, email, text, and other communication channels);

  • when you participate in marketing surveys, questionnaires, promotions, testimonials, online comments, product feedback, events, sweepstakes or other contests;

  • to audit aspects of our ad impressions;

  • for short-term transient use, including for contextual ad customization; and

  • for other marketing purposes using tracking technologies and analytics tools described in Section 6.

• For legal, safety, or security reasons, such as to:

  • comply with law or legal requirements;

  • enforce or apply our Terms of Use and other agreements;

  • establish, exercise or defend against legal claims that we may have against you/pursue together with you, whether in court proceedings or in an administrative or out-of-court procedure;

  • protect our rights and our property or safety of our users or third parties; and

  • detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity.

• As part of corporate transactions, including to comply with requests of a prospective or an actual purchaser interested in our companies and other assets, including in connection with a sale, merger, change of control, bankruptcy, or similar transaction, or due diligence related to such transactions.

• In a de-identified, anonymized, or aggregated format. Depending on the applicable law, when converted to a de-identified, anonymized, or aggregated format, data may no longer constitute Personal Information and we may use this information for any proper business purpose.

• For any other purposes for which you provide consent. 

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5. With Whom We Share Your Personal Information

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We may share your Personal Information with the categories of recipients described below:

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• Affiliates and subsidiaries: We may share your Personal Information within our group of companies, which includes parents, corporate affiliates, subsidiaries, business units, and other companies that share common ownership for the purposes described above.

• Service providers: We may share your Personal Information with service providers working on our behalf in order to facilitate our interactions with you or support our relationship with you, such as hosting service providers, IT providers, operating systems and platforms, internet service providers, data analytics companies, and marketing providers. We may contract with other companies to provide certain services, such as identity verification, email distribution, market research, promotions management, and payment processing. We provide these companies with only the information they need to perform their services.

• With third parties at your direction or that are necessary to complete transactions: We may provide your Personal Information or provide access to your Personal Information to entities that assist us in fulfilling your orders, such as shipping companies and partners that may supply part of your order. We may also disclose your Personal Information to third parties at your direction (such as if you choose to participate in offers or promotions that are jointly offered with third parties).  

• Professional advisors: We may share your Personal Information with various professional advisors such as lawyers, accountants, auditors, translators and where they advise us on our relationship.

• For legal, security, and safety purposes: We may share your Personal Information with third parties such as law enforcement or other government agencies and authorities and courts to comply with law or legal requirements; to enforce or apply our Terms of Use and other agreements; to protect our rights and our property or safety of our users or third parties; and to otherwise establish, exercise and defend against legal claims (including by sharing data with opposing or other related parties to the proceedings and their professional advisors). We may also share your Personal Information with government entities, such as where required to track over the counter medication usage.

• In connection with a corporate transaction: If we sell some or all of our assets or merge or are acquired by another entity, including in connection with a sale, merger, change of control, bankruptcy, or similar transaction, or due diligence related to such transactions, we will share your Personal Information with that entity.

• The public: There may be opportunities for you to make comments regarding us or our products that we may share with the public. For example:

  • You may provide testimonials which, with your consent, we will post along with your name. You may provide feedback which, with your consent, we will post along with your name. We may post anonymized testimonials and content feedback without your consent. Any Personal Information in posted testimonials or feedback, and any comments you otherwise post on a blog or forum, may be read, collected, or used by other users or the public.

  • You may post public content on our Digital Properties, such as by leaving product reviews on our website.

  • You may choose to post information or content on third party sites, such as by posting photos, commenting on a blog, or participating in online forums or communities, or when you interact with the Digital Properties through social media sites, plug-ins or other applications. If permitted by such third parties, we may collect and further share such information publicly.  Please refer to those third-party websites’ privacy policies and terms of use to learn more about their privacy practices, which we do not control.

• With any entity to which you consent to us sharing your Personal Information. 

We may also de-identity, anonymize, or aggregate Personal Information to share with third parties for any purpose, as legally permitted.

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6. How We Use Cookies, Automatic Data Collection Tools, and Other Tracking Technologies

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Cookies, Pixels, and Similar Tracking Technologies Used: We also collect information via cookies, web beacons, pixels, tags, embedded scripts, session replay tools, SDKs, or other tracking technologies (“Tracking Technologies”), such as your Internet Service Provider and IP address, device identifier, browser type, operating system, your device’s WiFi MAC address or Bluetooth MAC address, the date and time you access our Digital Properties, the pages you accessed while visiting our Digital Properties, and the Internet address from which you accessed our Digital Properties. Cookies are a type of technology that installs a small amount of information on a user's computer or other device when they visit a website. Cookies permit a website to, for example, recognize future visits using that computer or device. Some cookies exist only during a single session and some are persistent over multiple sessions over time. We and our partners use these Tracking Technologies to ensure basic functionality of our Digital Properties, to remember user preferences (including your preferences regarding Tracking Technologies), maximize the performance of our Digital Properties and services, provide you with offers that may be of interest to you, measure the effectiveness of our Digital Properties and marketing campaigns, and to personalize online content. These Tracking Technologies may be used to track you over time and across devices and services.

Additionally, we may employ, either directly or through trusted third parties, tracking pixels. Tracking pixels are tiny, transparent graphics with a unique identifier, similar in function to cookies, and are used to provide analytical information concerning the user experience as well as to support custom marketing activities for users of our Digital Properties. In contrast to cookies, which are stored on a user's computer hard drive, tracking pixels are embedded invisibly on web pages. Our Digital Properties may use tracking pixels to help us better manage content, such as by improving the user interface or improving our marketing programs or the marketing of our affiliates, Business Partners, and other third parties (including for interest-based advertising as described below). The Digital Properties may use information to create aggregate tracking information reports regarding user demographics, traffic patterns, and purchases. We may also link tracking information with Personal Information.

Cross Device Matching: We may now or in the future have the ability to match your devices using the data collected, making educated predictions, and, in some cases, using deterministic data (e.g., unique identifiers) or other content across devices.

Third-Party Companies and Your Choices: To provide you with a more relevant and interesting experience, we may work with third party companies to display ads or customize the content on our Digital Properties. These companies may use Tracking Technologies as described in this Notice to gather information about you, which may include your precise location, your visits to the Digital Properties, and your visits elsewhere on the Internet. These companies also may use this information to provide you with more relevant advertising known as interest-based advertising, which may include sending you an ad on another online service after you have left our Digital Properties (i.e., retargeting). You may choose whether to receive some interest-based advertising. The Digital Advertising Alliance ("DAA") and Network Advertising Initiative ("NAI") provide mechanisms for you to opt out of interest-based advertising performed by participating members at http://www.aboutads.info/choices/ and optout.networkadvertising.org. You can also visit http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads).  Opting out of interest-based advertising will not opt you out of all advertising, but rather only interest-based advertising from us or our agents or representatives. Similarly, asking our mobile apps not to track you/not agreeing to or rejecting Tracking Technologies in our cookie banner/preference center/mobile app selection screen will only opt you out of those technologies, but not all advertising. Further, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not necessarily be effective on your mobile device. DAA/NAI browser based opt-outs will not function or may no longer be effective if your browsers are configured to reject cookies, if you subsequently erase your cookies, or if you use a different device or web browser. We are not responsible for the effectiveness of these or any other third-parties’ opt-out options or programs.

Do Not Track: Some browsers have incorporated Do Not Track (“DNT”) preferences. Most of these features, when turned on, send signals to the website you are visiting that you do not wish to have information about your online searching and browsing activities collected and used. As there is not yet a common agreement about how to interpret DNT signals, we do not honor DNT signals from website browsers at this time. However, you may refuse or delete cookies. If you refuse or delete cookies, some of our website functionality may be impaired or some of the advertising served to you may not be relevant to you anymore. If you change computers, devices, or browsers, or use multiple computers, devices, or browsers, and delete your cookies, you may need to repeat this process for each computer, device, or browser. Please refer to your browser’s Help instructions to learn more about how to manage cookies and the use of other Tracking Technologies. You can also find more information on managing cookies at All About Cookies - Manage Cookies.

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7. Security

We maintain reasonable security procedures and technical and organizational measures to protect your Personal Information against accidental or unlawful destruction, loss, disclosure, alteration, or use.

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8. Children's Privacy

Interactions with us are intended for individuals 16 years of age and older (except where there are legal requirements restricting use of our products and services to those 18 or 21 years of age and older). Our interactions are not directed at, marketed to, nor intended for, children under 16 years of age. We do not knowingly collect any information, including Personal Information, from children under 16 years of age. If you believe that we have inadvertently collected Personal Information from a child under the age of 16, please contact us at the address below and we will use reasonable efforts to delete the child’s information from our databases.

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9. External Links

When interacting with us you may encounter links to external sites or other online services, including those embedded in third party advertisements or sponsor information, that we do not control. We are not responsible for their privacy practices or data collection policies for such third party services. You should consult the privacy statements of those third party services for details.

10. Terms of Use

The Terms of Use for interactions with us can be found on the Jettywave! website here.

​11. Contact Info and Your Choices

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Nevada Residents: If you are a Nevada resident, please call us at (888) 299 8177 to exercise your right to opt-out of sale under Nevada Revised Statutes §603A et seq.

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Communications with Jettywave: We want to communicate with you only if you want to hear from us. If you would like to update or correct your email address, mailing address home/work/mobile phone number, or other contact information with us please contact our Customer Service team at orders@jettywave.com or via http://www.jettywave.com/contact. You can opt out of receiving certain promotional communications (emails or text messaging) from us at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions provided in text messages from us to text the word, “STOP”; and (iii) for app push notifications, turn off push notifications on the settings of your device and/or the app, as applicable. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. Even if you opt out of receiving promotional communications, we may, subject to applicable law, continue to send you non-promotional communications, such as those about your transactions.

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12. Your California Privacy Rights

This section applies to certain California residents and supplements the rest of our Notice above. This section does not apply to the following information:

• Information about individuals who are not California residents.

• Information about our own employees, contractors, agents, and job applicants. Such information is subject to a separate privacy notice that we will make available to individuals.

• Information we collect from individuals with whom we engage in solely business-to-business communications and transactions, such as information about the employees of our Business Partners and customers; or

• Information that is otherwise exempt under the CCPA.

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the Personal Information we collect from consumers, the sources from which we collect the Personal Information, the business and commercial purposes for which the Personal Information is collected, and the categories of third parties with whom we share consumer Personal Information. The section references relate to the sections above in this Notice.

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Source of Your Personal Information

The categories of sources of personal information are detailed in Section 2 above and are summarized as follows: (a) directly from you, (b) through automated technologies or interactions, (c) public sources, and (d) from third parties.

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Uses of Your Personal Information

The business and commercial purposes for which we collect personal information are detailed in Section 4 above and include purposes, such as: (a) to enable interactions between you and us and to provide our services to you; (b) for our own internal business-improvement purposes; (c) to market our products or services or those of third parties, such as our Business Partners; (d) for legal, safety, or security reasons; (e) as part of corporate transactions; (f) in a de-identified, anonymized, or aggregated format; and (g) for any other purposes for which you consent.

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Sharing Personal Information

Our data sharing practices are detailed in the chart below and align with the information provided above in Section 3 (Types of Personal Information We Collect), Section 5 (Sharing), and Section 6 (How We Use Cookies, Automatic Data Collection Tools, and Other Tracking Technologies).

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To our knowledge, we do not sell Personal Information of anyone under 16 years of age.

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Your Rights

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• Right to Know: You have the right to request information about the categories of Personal Information we have collected about you, the categories of sources from which we collected the Personal Information, the purposes for collecting the Personal Information, the categories of third parties with whom we have shared your Personal Information, and the purpose for which we shared your Personal Information (“Categories Report”). You may also request information about the specific pieces of Personal Information we have collected about you (“Specific Pieces Report”).

• Right to Delete: You have the right to request that we delete Personal Information that we have collected from you.

• Right to Opt Out:  You have the right to opt out of the sale of your Personal Information.

Financial Incentives: We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights. However, we may offer you certain financial incentives permitted by the CCPA.

Verification: In order to exercise your rights, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request. If you are submitting a request on behalf of a household, we will need to verify each member of the household in the manner set forth above. If you maintain an account with us, we may verify your identity through existing authentication practices for the account (e.g., login and password). If you are not a registered member:

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• For a Specific Pieces Report, we will request your name, email, and phone number to verify your identity and seek a signed declaration, under penalty of perjury, that you are who you say you are.

• For a Categories Report, we will request name, email, and phone number to verify your identity.

• For a Right to Delete request, we will request your name, email, and phone number to verify your identity.

We may request alternative information under certain circumstances and will inform you if such information is needed in the verification process.

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Authorized Agents: Authorized agents may exercise rights on behalf of California consumers, but we reserve the right to also verify the consumer directly as described above. We will require the agent to demonstrate authority to act on behalf of the consumer by providing, for example, evidence of the agent’s identity, proof of registration with the California Secretary of State (if the agent is a business), and at least one of the following evidencing proof of the agent’s legal authority to act on the behalf of the individual consumer:

• Presenting a Power of Attorney granted under the Probate Code that we can reasonably verify; or

• Signed permission by the consumer. We may also require the consumer to verify their own identity directly with us and to directly confirm with us that they provided the authorized agent permission to submit the request.

Timing: We will address Requests to Opt-Out within 15 business days. We will respond to Requests to Delete and Requests to Know within 45 calendar days, unless we need more time in which case we will notify you and may take up to 90 calendar days total to respond to your request.

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California Shine the Light: If you are a California resident, you may opt out of sharing your Personal Information subject to California Civil Code §1798.83 (the “Shine the Light law”) with third parties for the third parties’ direct marketing purposes. Please call us if you would like to do so.

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California Eraser Law: Any California residents under the age of eighteen (18) who have posted content or information on our Digital Properties can request removal by calling us and detailing where the content or information is posted and attesting that you posted it. We will make reasonable, good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content that we do not control.