Privacy Notice

Effective Date: February 28, 2023

Delivery Solutions Privacy Notice

We understand that you care how information about you is used and shared and we appreciate your trust that we will do so carefully and sensibly. This Privacy Notice describes our practices in connection with privacy and the Personally Identifiable Information (as defined below) that we collect through this website, the related mobile sites and mobile application(s), and selected other domains (collectively the "Services"). Except as indicated below, this Privacy Notice does not address the collection, use, or disclosure of information by any of our affiliates or by other third parties on any websites other than the Services.

By accessing or using the Services, you agree to all the terms and conditions of this Privacy Notice. We may change this Privacy Notice from time to time and without prior notice. If we make a change to this Privacy Notice, it will be effective as soon as we post it, and the most current version of this Privacy Notice will always be posted under the Terms of Service and/or Privacy Notice tab of this website. If we make a material change to this Privacy Notice, we may notify you. You agree that you will check out this Privacy Notice periodically. By continuing to access or use the Services after we make changes to this Privacy Notice, you agree to be bound by the revised Privacy Notice. You agree that if you do not agree to the new terms of the Privacy Notice, you will stop using the Services.

ARTICLE I

NOTICE OF INFORMATION WE COLLECT

We may have collected the following information about you in the last 12 months:

1.01 Personally Identifiable Information. 

Personal Identifiable Information (or "PII") is information that identifies you as an individual. In order for you to use the Services, we will request that you furnish certain PII. For example, we may ask you to complete a registration form that asks for contact information (such as name, date of birth, address, telephone number, and e-mail address) or an order form that asks for financial information (like credit card number, expiration date, and billing address). Additionally, when you order from the Services, we may collect certain consumer information (such as products ordered and relevant promotion codes) and delivery information (such as an alternate contact, address, and telephone number in the event you are not available to accept delivery). If you communicate with us by e-mail, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as PII. You may choose not to provide us with certain Personal Information. In such an event, you can still access and view much of the Services; however, you may not be able to order any products or use the Services. In addition, you can choose not to provide certain optional information, but then you might not be able to take full advantage of many of the features of the Services.

1.02 Driver’s License Information. 

As part of the registration process, we may require that you upload a clear photo of the front and back of your state-issued driver’s license, and we, or our partners, may at any time scan the barcode and review your personal information on your driver’s license, or we may take a photograph of your driver’s license, to ensure that your registration information is accurate and that you are of the appropriate age to purchase alcohol.

1.03 Device Type. 

When you register to use the mobile application, we will collect your device type and UUID, a unique identifier generated within the mobile application. We use this information to maximize your user experience.

1.04 Geolocation Data. 

If you choose to pick up your order with our partners, we will collect your precise geolocation information from your browser or mobile device to help make sure your order is ready when you arrive. In some circumstances, such as if you forget to pick up your order, we may collect this information for a longer period of time. However, you can always turn off geolocation tracking in the application or post-order webpage. If you choose to make a product return, we may also collect precise geolocation information so we can route your order to the appropriate return delivery partner. 

For drivers that work with our delivery partners, we collect geolocation information that our delivery partners send to us in order to optimize the customer drop-off experience and fulfill the order.

1.05 Non-Personally Identifiable Information. 

Non-Personally Identifiable Information (or "Non-PII") is aggregated information, demographic information, and any other information that does not reveal your specific identity. We and our third-party service providers may collect your Non-PII, including information about the device you are using in accessing or using the Services, information from referring websites, and your interaction with the Services. We and our third-party service providers also may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Services, for example, by using PII to calculate the percentage of our users who have a particular telephone area code.

1.06 Cookies and Other Technology. 

A cookie is a small piece of data that is sent to your Internet browser and stored on your computer's hard drive, and that delivers information about you and your activity on the Services. Pixel tags and web beacons are small graphic files that can function in various ways (such as allowing us to track how you view an email that we send you and track your activity on the Services) and are commonly used in conjunction with cookies. We, our third-party service providers, and other third parties detailed below under Article II "How We Use The Information We Collect”, may use cookies, pixel tags, web beacons, and other similar technologies to better serve you with more tailored information and facilitate your ongoing use of the Services. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to decline the use of cookies. To learn more about cookies, please visit the third-party site http://www.allaboutcookies.org/.

1.07 Google Analytics. 

We use Google Analytics Demographics and Interest Reporting on this site in order to learn about the kind of users that visit our site and to possibly target future advertising or tune our content to benefit users. All data is anonymized and we don't match it to usernames, email addresses, or any other personally-identifying information. You may use the browser add-on https://tools.google.com/dlpage/gaoptout/ to opt out of Google Analytics entirely.

1.08 IP Addresses. 

IP Addresses are the Internet Protocol addresses of the computers that you are using. Your IP Address is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). Your IP Address is identified and logged automatically in our server log files whenever you visit the Services, along with the time(s) of your visit(s) and the page(s) of the Services that you visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites.

ARTICLE II

HOW WE USE THE INFORMATION WE COLLECT

2.01 Personally Identifiable Information. 

We and our third-party service providers may use your PII and any third party PII that you may provide, as applicable:

·       (a) to fulfill your requests, e.g., to allow you to order alcohol and other products offered through our partners and have it delivered to you or ready when you arrive, or to provide you with information that you request;

·       (b) to fulfill your purchases (e.g., to process credit card payments in connection with your alcohol order);

·       (c) to customize content on our Services (e.g., the stores that will deliver to your location);

·       (d) to send you important information regarding the Services, such as certain changes to our terms, conditions, policies, and other administrative information. Because this information may be material to your use of the Services, you may not opt out of receiving such communications;

·       (e) to inform you of products, programs, services, and promotions that we believe may be of interest to you;

·       (f) to permit you to send messages regarding Service-related content to a friend through the Services. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's email address to facilitate your sending of such a message. By using this functionality, you affirm that you are entitled to use and provide us with your friend's name and email address for this purpose. We will not use your friend's PII for any purpose other than to allow your message to be sent and/or to troubleshoot any issues with respect to the sending of your message unless we disclose such other purpose to you at the time you provide your friend's PII to us;

·       (g) to permit you to participate in sweepstakes, contests, and similar promotions (collectively, "Promotions"); and

·       (h) for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving the Services, identifying usage trends, and determining the effectiveness of our promotional campaigns.

 2.02 Non-Personally Identifiable Information. 

Because your Non-PII does not personally identify you, we and our third-party service providers may use such information for any purpose. In addition, we reserve the right to share your Non-PII with our affiliates and with other third parties, for any purpose. In some instances, we and our third-party service providers may combine Non-PII with PII. For example, on your personal profile page, we may display your user name (first name and last initial), “member since” date, and the date range of when you last ordered. If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder (as long as it is so combined).

2.03 IP Addresses. 

We and our third-party service providers use IP addresses for purposes such as calculating Site usage levels, diagnosing server problems, and administering the Services. Please note that we treat IP addresses, server log files, and related information as Non-PII, except where we are required to do otherwise under applicable law. Accordingly, in general, we may use and disclose IP Addresses for all the purposes for which we use and disclose PII.

ARTICLE III

WHEN AND HOW WE SHARE YOUR INFORMATION

3.01 We and our third party service providers may disclose PII to third parties such as our affiliates, partners, advertising networks, data analytics providers, and government entities:

·       (a) as required to fulfill your purchase (e.g. to our partner stores to enable them to fulfill your order and/or have it ready for pick up);

·       (b) to provide services such as payment processing, website hosting, data analysis, infrastructure provision, IT services, customer service, email delivery services, and other similar services;

·       (c) to identify you to any person to whom you send messages through the Services;

·       (d) to an affiliate or other third party in evaluating or executing  any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including without limitation in connection with any bankruptcy and/or similar proceedings); and

·       (e) as we believe to be appropriate: (i) under applicable law, including laws outside your country of residence; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iv) to enforce our terms and conditions; (v) to protect our operations and those of any of our affiliates; (vi) to protect our rights, privacy, safety and property, and that of our affiliates, you and others; (vii) to permit us to pursue available remedies and limit the damages that we may sustain; and (viii) for record-keeping purposes.

 

ARTICLE IV

OTHER IMPORTANT NOTICES REGARDING OUR PRIVACY PRACTICES

4.01 Third-Party Services. 

Except as expressly set forth herein, this Privacy Notice does not address, and neither we nor our third-party service providers are responsible for, the privacy, information, or other practices of other websites or any third parties, including without limitation any of our affiliates and any third party operating any site to which the Services contains a link. The inclusion of a link to a third-party website on the Services does not imply endorsement of the linked site by us or by our affiliates. Please note that your access or use of any third-party websites, including by providing any information, materials, or other content to such sites, is entirely at your own risk.

4.02 Security. 

We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use.

4.03 Unsubscribe. 

If you do not wish to receive marketing-related emails from us, you may unsubscribe from receiving them by clicking on the “unsubscribe” link at the bottom of any of those emails. To unsubscribe from our text messages, you may reply with any one of the following keywords like STOP, END, CANCEL, UNSUBSCRIBE, and QUIT.

4.04 Retention Period. 

We and our third-party service providers will retain PII for the period reasonably necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. We retain most information associated with orders for at least one year.

4.05 Note Regarding the Use of the Site by Minors. 

The Services are not directed to nor intended for use by individuals under the age of twenty-one (21), and we request that such individuals not use the Services and not provide PII through the Services.

4.06 Disclaimer. 

If you choose to access the Services, you do so at your own risk and are responsible for complying with all local laws, rules, and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area, and/or jurisdiction we choose, at any time and at our sole discretion. By using the Services and submitting any PII, you consent to the transfer of PII to other countries, such as the United States, which may provide a different level of data security than your country of residence provides.

4.07 Contacting Us. 

If you or your authorized agent have any questions regarding this Privacy Notice or wish to exercise your rights, listed below, please contact us by e-mail at privacynotice@deliverysolutions.co regular mail at: 

6009 W Parker Rd, #149 & 370, Plano, TX 75093

If you are seeking to exercise any of the below rights, we may request additional information from you to verify your identity. This may include confirming recent activity with our Services or additional information, like providing identifiers such as your name, address, date of birth, etc.

ARTICLE V

YOUR PRIVACY RIGHTS

Your specific privacy rights depend on where you live. We will endeavor to respect these rights for everyone, but we reserve our right to respond to requests to exercise these rights as permitted by law.

5.01 Right to Know and Access.

You have a right to confirm whether we are processing data about you. You have a right to request that we disclose your personal information that we collect, use, disclose, and sell.

5.02 Right to Correct.

You have a right to request that we correct inaccurate personal information about you. 

5.03 Right to Request Deletion.

You have a right to request that we delete your personal information that we collected. 

5.04 Right to Opt-Out of the Sale or Sharing of Personal Information.

Apart from the business reorganization context identified in 3.01(d), above, we do not sell your personal information. To our knowledge, we do not sell the personal information of consumers under the age of 16.

5.05 Right to Non-Discrimination.

You have a right to exercise the foregoing rights without receiving discriminatory treatment by us. Please note that we may request additional information to verify your request to exercise the above rights, and we may charge reasonable fees to fulfill requests as permitted by law.

Disclaimers 

Logos of Delivery Providers and Customers mentioned on our site are registered trademarks and copyrights owned by the respective companies. Nothing on this website should be construed to indicate any partnership or relationship between Delivery Solutions and these companies. Please contact us at privacynotice@deliverysolutions.co for more information.

ARTICLE VI

Additional Notice for California and Virginia Consumers

This Addendum applies to consumers who reside in the State of California or Virginia.

1.     Personal Information We Collect about California and Virginia Consumers

We describe the personal information we have collected about consumers in the twelve (12) months preceding the effective date of the Delivery Solutions Privacy Notice in the part titled, “Notice of Information We Collect.” The information we have obtained includes the following:

·       Identifiers such as name, physical address, email address, username, password and other credentials used to access Delivery Solutions products and services, social media handles, and, when you visit our websites, use our apps or interact with Delivery Solutions-related tools, widgets or plug-ins, Internet Protocol address and universal unique identifier.

·       The following categories of personal information described in California Civil Code § 1798.80(e): (1) the personal information listed in the preceding bullet point as “identifiers,” (2) signature, (3) telephone number, (4) payment information (including payment card details or online payment services number and invoicing address) and financial information (such as bank account numbers), and (5) the other information that identifies, relates to, describes, or is capable of being associated with, a particular individual that we describe in “Notice of Information We Collect.”

·       Commercial information, including (1) records of products purchased or received from Delivery Solutions and relevant promotion codes, (2) delivery information provided to us including alternate contact, address, and telephone number, (3) information on actions taken on Delivery Solutions websites or mobile apps, which may include information about Delivery Solutions services considered, and (4) information about consumer preferences and behavior that we collect on our websites and mobile apps or purchase from third parties in order to target consumers for digital advertisements or to personalize content we deliver on our websites and mobile apps.

·       Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with Delivery Solutions websites and mobile apps, and Delivery Solutions advertisements that we display on Delivery Solutions websites or mobile apps or on third party sites and apps.

·       Geolocation data.

·       Audio information from calls placed with customer service which may be recorded, and electronic information in the form of Internet or other electronic network activity information as described above.

·       Professional or employment-related information in the form of business contact information such as name, company name, physical address and email address and telephone or fax number.

·       Inferences drawn from (1) the information we collect when you visit our websites, use our apps, or interact with Delivery Solution-related tools, widgets or plug-ins or our official social media pages, (2) information we collect, including through third-party suppliers, regarding content and other data posted on the Internet (such as public locations on the Internet), and (3) information about consumer preferences and behavior that we collect on our websites and mobile apps or purchase from third parties in order to create a profile about a consumer reflecting the consumer’s preferences, characteristics, predispositions, behavior, and attitudes.

·       Sensitive personal information such as account login information allowing access to an account, driver’s license, state identification card, or passport number, and precise geolocation data, in each case as further described above in the relevant categories.

We collect this personal information from sources including yourself directly and others (e.g., ecommerce retailers) whom you instruct to interact with us on your behalf, shippers, consignees and other customers, including public databases, social networks, and third party partners such as analytics or marketing providers. For more information, please see “Notice of Information We Collect” in the Delivery Solutions Privacy Notice.

2. Disclosures of Personal Information for Monetary or Other Valuable Consideration or for Business Purposes

We have not disclosed any personal information of Delivery Solutions customers for monetary or other valuable consideration within the twelve (12) months preceding the effective date of the Delivery Solutions Privacy Notice.

We have disclosed personal information in all or substantially all of the categories identified in this Addendum for various business purposes within the twelve (12) months preceding the effective date of the Delivery Solutions Privacy Notice. For more information about the categories of personal information we have disclosed, the categories of entities with which we have disclosed this information and the purposes for which we have disclosed the information, please see “When and How We Share Your Information” in the Delivery Solutions Privacy Notice.

We do not disclose personal information of individuals we know to be under the age of 16 to business or third parties for monetary or other valuable consideration as a “sale” of personal information or for cross-context behavioral advertising as the “sharing” of personal information under California or Virginia law, without affirmative authorization.

3. Use of Personal Information about California or Virginia Consumers

We use the personal information we collect about California and Virginia consumers for the business purposes disclosed within the Delivery Solutions Privacy Notice.  For more information, please see “How We Use the Information We Collect” in the Delivery Solutions Privacy Notice. 

The business purposes for which we may use personal information about California and Virginia consumers include:

·       Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;

·       Helping to ensure security and integrity to the extent the use of a consumer's personal information is reasonably necessary and proportionate for these purposes;

·       Debugging to identify and repair errors in our systems;

·       Short-term, transient use including non-personalized advertising shown as part of a consumer’s current interaction with us;

·       Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services. This includes:

o   Conducting internal research to develop and demonstrate technology; and

o   Conducting activity to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide.

We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, purposes disclosed elsewhere in this Addendum or the Delivery Solutions Privacy Notice, or for purposes compatible with the context in which the personal information was collected.

4. Your Privacy Rights

If you are a resident of California or Virginia, you may have one or more of the following rights. We will honor requests received to the extent required by applicable law and within the time provided by law.

·       Right to Know. You have the right to request that we disclose to you the categories and specific pieces of personal information we have collected about you. Specifically, you have the right to request that we disclose what personal information we have collected, used, disclosed, including:

o   Whether we are processing personal information about you;

o   Specific pieces of information that we have collected about you;

o   Categories of personal information we have collected about you;

o   Categories of sources from which the personal information is collected;

o   Categories of third parties to whom we disclose personal information; 

o   The business or commercial purpose for collecting, selling, or sharing personal information;

o   Categories of personal information about you, if any, that we have sold or shared and the categories of third parties to whom we have sold or shared the information, by category or categories of personal information for each category of third party to whom we sold or shared the personal information; and

o   Categories of personal information about you that we disclosed for a business purpose and the categories of recipients to whom we disclosed the information for a business purpose.

As used above, “sale,” “sold,” “selling,” “shared,” and “sharing” have the meanings provided in the California Consumer Privacy Act of 2018 and the Virginia Consumer Data Protection Act, each as amended.

·       Right to Correct. You have the right to request that we correct inaccurate personal information that we have collected about you.

·       Right to Delete. You have the right to request that we delete personal information that we have collected about you. Please note if you have requested a service that requires the use of your personal information, we may not be able to provide that service if you choose to delete your personal information.

·       Right to Appeal. If we decline to take action on a request that you make in accordance with the foregoing to exercise the foregoing privacy rights, then you may appeal our decision by contacting us at privacynotice@deliverysolutions.co.

5. Verification Process

For requests made in connection with the Right to Know, Right to Correct, and/or Right to Delete, please note:

·       as required or permitted under applicable law, we may take steps to verify your request before we can provide personal information to you, correct or delete personal information, or otherwise process your request.  To verify your request, we may require you to provide your name, physical address, email address, contact information, and information about your account or previous transactions with us. If we believe we need further information to verify your request as required by law, we may ask you to provide additional information to us.  

·       We will deliver personal information that we are required by law to disclose to you in the manner required by law within 45 days after receipt of a verifiable request, unless we notify you that we require additional time to respond, in which case we will respond within such additional period of time required by law. We may deliver the personal information to you through your account, if you maintain an account with Delivery Solutions, or electronically or by mail at your option. If electronically, then we will deliver the information to you or, at your request, to another entity, in a portable and, to the extent technically feasible, in a structured, commonly used, machine-readable format that allows you to transmit the information from one entity to another without hindrance.

6. Nondiscrimination

We may not discriminate against you because of your exercise of any of the foregoing privacy rights, or any other rights under the California Consumer Privacy Act or the Virginia Consumer Data Protection Act, including by:

·       Denying you goods or services;

·       Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

·       Providing you a different level or quality of goods or services; or

·       Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to Delivery Services by your personal information. We may limit our response to your exercise of rights as permitted by law.

7. Requests to Exercise Your Rights

You may request to exercise the foregoing rights by:

Submitting an email request to privacynotice@deliverysolutions.co

Submitting a regular mail request to 6009 W Parker Rd. # 149 & 370, Plano, TX 75093.

8. Agent Authorization

You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf.  Your agent may contact us via the information provided in the “Requests to Exercise Your Rights” section above to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require:

·       The authorized agent to provide proof that you provided signed permission to the authorized agent to submit the request;

·       You to verify your identity directly with us; or

·       You to directly confirm with us that you provided the authorized agent permission to submit the request.

10. Data Sharing for Direct Marketing Purposes (California)

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your personal information with certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us as specified below. To make such a request, please tell us your preference by contacting us as specified in the “Requests to Exercise Your Rights” section above.

11. Do Not Track

Please note that our Web sites and mobile apps are not designed to respond to "do not track" requests from Web browsers.

12. Data Retention

Your personal information will not be stored for longer than necessary for the purposes for which they were collected or as required under applicable retention policies and/or in accordance with applicable law.  Our retention policies reflect local statute of limitation periods and national statutory obligations of Delivery Solutions.