Last Updated: December 18, 2024

Effective Date: May 13, 2024

Del Mar Food and Wine, LLC, its brands, affiliates, and subsidiaries (collectively, “Del Mar Food and Wine,” “we,” “our,” or “us”) adheres to this Privacy Policy (“Policy”), which describes how we collect, use, disclose, and otherwise process personal information (meaning any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household), when you interact with us through our website (https://delmar.wine) or in some other way, as well as the rights and choices individuals have regarding such personal information.

By interacting with us (e.g., visting our website and/or creating an account on our website), you agree that your personal information will be handled as described in this Policy. This Policy does not apply to websites, products and services of third parties which are subject to their own privacy policies. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our services or interact with our website. This Policy may change from time to time. Your continued use of our services or website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

1. SCOPE OF THIS POLICY

Except as otherwise described below, this Policy applies to the personal information we collect and process related to:

• Visitors of our website where this Policy is posted, including https://delmar.wine (the “Site”), and any other application or any other software, applications, or products we provide, and individuals who otherwise interact or engage with us or the services available through our website, application, or other downloadable content;
• Individuals who subscribe to receive news, information, and marketing communications and materials from us;
• Individuals who attend our wine and food events; and
• Current, former and prospective customers, agents, vendors, and business partners, including those who support our events.

2. PERSONAL INFORMATION COLLECTION, USE AND DISCLOSURE

Del Mar Food and Wine has collected the following categories of personal information about you and shared it as follows:

In addition to the uses described above, Del Mar Food and Wine may also use your personal information for the following purposes:

• To investigate and help prevent fraud or otherwise ensure compliance with policies and procedures.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our systems, services, databases and other assets.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Del Mar Food and Wine’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Del Mar Food and Wine is among the assets transferred.

Additionally, Del Mar Food and Wine obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or by communicating with us by post, phone, email or otherwise.
• Indirectly from you. For example, from observing your actions on our Site, computer systems or other platforms.
• Third parties. For example, from our service provider that facilitates ticket purchases.

3. DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

In addition to the disclosures identified in the chart above, we may disclose personal information that we collect or you provide as follows:

• To our subsidiaries, affiliates, and related entities, including their respective managers, directors, investors and/or employees.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Del Mar Food and Wines assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Del Mar Food and Wine is among the assets transferred.
• To fulfill the purpose for which you provide it. For example, if you give us an email to sign up for our newsletter, we will use your email to provide you with our newsletter.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To business partners, including those who are hosting events relating to our annual Wine and Food Festival.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Website Terms of Use or Festival and Ticket Sales Terms And Conditions and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Del Mar Food and Wine, our customers, or others.

4. COOKIES AND OTHER TRACKING TECHNOLOGIES

We and our providers may automatically collect personal information related to your use of our Site or other services, including through the use of cookies and other similar technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Site according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Site.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
• Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of our the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We also use cookies and similar tracking technologies that enable certain advertising partners, networks, social media companies, analytics services, and other third-party businesses to collect and disclose your personal information directly from your browser or device when you visit or interact with our Services or otherwise engage with us online. In some cases, we may upload personal information to certain of these partners for advertising or analytics purposes.

To opt out of these “sales” or “sharing” of personal information (as these terms are defined under the California Consumer Privacy Act (CCPA) or other applicable US state privacy laws), you may visit our cookie management platform platform toggle cookies off.

5. RETENTION PERIODS

Del Mar Food and Wine will generally retain information about you for so long as we have a legal or business purpose for it or a legal requirement to maintain it.

6. DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you, including protecting your own personal information where appropriate. Additionally, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

7. CHILDREN UNDER THE AGE OF 21

Our food and wine events are available only to individuals 21 years and over. As such, our website and services are not intended for children under 21 years of age. No one under age 21 may provide any information to us or on our Site. We do not knowingly collect personal information from children under 21. If you are under 21, do not use or provide any information on this website or provide any information about yourself to us, including your name, address, telephone number, email address you may use. If we learn we have collected or received personal information from a child under 21 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 21, please contact us at privacy@delmar.wine.

8. YOUR PRIVACY CHOICES

We note that Del Mar Food and Wine shares your personal information for business purposes by disclosing it to the categories of third parties identified in the chart above in Section 2. Where appropriate, we make these business purpose disclosures to third parties under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract.

A. Opting Out of Receiving Electronic Communications. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you other messages in connection with providing our Site and services.

B. Tracking Technologies and Sales/Sharing of Personal Information for Targeted Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Site may then be inaccessible or not function properly. Under certain privacy laws, including the CCPA, the use of cookies or other website tracking technologies for targeted or cross-context behavioral advertising are considered a “sale” or “sharing” of personal information. You have the opportunity to opt-out of the use of these tracking technologies by visiting our cookie management platform.

C. Sensitive Personal Information. We do not collect nor use data that may be deemed “sensitive personal information” under applicable privacy laws.

D. Rights and Choices. You may have specific rights regarding your personal information, including under the CCPA. This section describes the rights you may have and explains how to exercise those rights.

Right to Know and Data Portability Rights

In certain circumstances, you have the right to request that we disclose certain information to you about our collection and use of your personal information.

Right to Delete

You may have the right to request that we delete your personal information that we collected from you and retained, subject to certain exceptions.

Right to Correct

You may have the right to request that we correct any inaccurate personal information we may hold about you. We will use commercially reasonable efforts to correct inaccurate personal information, taking into account the nature of the personal information and the purpose for our processing.

Right to Opt Out of the “Sale” or “Sharing” of Personal Information for Cross-Context Behavioral Advertising

You have the right to opt out of the “sale” or “sharing” of your personal information for cross-context behavioral advertising. We may opt out by visiting our cookie management platform and toggling off cookies.

Exercising Privacy Rights

To exercise the rights described above, please submit a request to us by one of the following methods:

• Emailing us at privacy@delmar.wine.

• By mail: Attn: Privacy Officer; PO Box 2609 Rancho Santa Fe, CA 92067-2609.

• To opt out of the “sale” or “sharing” of your personal information for cross-context behavioral advertising, please visit our cookie management platform platform and toggling off cookies.

For requests, other than a request to opt out, we may need to verify your identity before processing your request. Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. To designate an authorized agent to make a request on your behalf, please provide us with a power of attorney or other legally binding written document signed by you and identifying your agent. We may also verify the identity of your designated agent.

Non-Discrimination

We will not discriminate against you for exercising any of your rights.

Appeal

You may have the right to appeal a refusal to take action on a request by contacting us at privacy@delmar.wine.

 

E. Additional California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@delmar.wine.

9. CHANGES TO THIS POLICY

The Policy is current as of the date set forth above. We may change, update, or modify this Policy from time to time, so please be sure to check back periodically. We will post any updates to this Policy here. If we make any changes to this Policy that materially affect our practices regarding our use of the personal information we previously collected, we will endeavor to provide you with notice, such as by posting prominent notice on our Site.

10. CONTACT US

If you have any questions or concerns regarding this Policy or our privacy practices, you may contact us at Attn: Privacy Officer; PO Box 2609 Rancho Santa Fe, CA 92067-2609 or email us at privacy@delmar.wine.