Last Updated: March 3, 2025
Please read these Terms of Service (this “Agreement”) carefully. This Agreement is between you and The Wine Group LLC doing business as Madly Wines (“Company” or “we” or “us”) concerning your use of (including any access to) Company’s website, currently located at https://www.madlywine.com/ (together with any materials and services available therein, and successor website(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Site posted by Company to the Site, or otherwise made available to you by Company.
By clicking or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term) in connection with this Agreement, or by using the Site, you agree to be bound by this Agreement and affirm that you are of legal drinking age where you live and have the legal capacity to enter into this Agreement.
This Agreement contains a mandatory arbitration provision that, as further set forth in Section 19 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions or class arbitrations of any kind.
1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your clicking or tapping any button or box marked “Accept,” “Agree” or “OK” (or a similar term) in connection with this Agreement, or your use of the Site, in each case following any changes to this Agreement will constitute your acceptance of such changes. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. We reserve the right to introduce new features or functionality for which the payment of fees may be required.
2. Information Submitted Through the Site. Your submission of information through the Site is governed by this Agreement and the Site’s Privacy Policy, located at https://www.madlywine.com/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.
3. Jurisdictional Issues. The Site is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Rules of Conduct. In connection with the Site, you must not:
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Site (including any applicable device data transmission charges).
5. Resources. The Site may make available information, data, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”), as well as references and links to such Resources. Resources may be made available by Company or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of any or all of the Resources and the Site, or any intellectual property rights therein. Resources are subject to change at any time without notice. To the fullest extent permitted under applicable law, we disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the Site, or by anyone who may be informed of the content of any Resources.
Certain weights, measures and other descriptions of products and services referenced on the Site (“Products”) are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors and appearance, however the actual colors and appearance you see will depend on your device, software and settings, and we cannot guarantee that such colors and appearance will be accurately displayed. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.
6. Third Party Resources; Links. Certain Site functionality may make available access to Resources made available by third parties, including Submissions (“Third Party Resources”), or allow for the routing or transmission of Third Party Resources, including via links; by using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Resources.
We neither control nor endorse, nor are we responsible for, any Third Party Resources, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Resources, or any intellectual property rights therein. Certain Third Party Resources may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Company with respect to any Third Party Resources. We have no obligation to monitor Third Party Resources, and we may block or disable access to any Third Party Resources (in whole or part) through the Site at any time. In addition, the availability of any Third Party Resources through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Resources other than any of our affiliates (including The Wine Group and the other brands presented here), nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Resources is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Resources (such as terms of service or privacy policies of the providers of such Third Party Resources).
7. Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as details regarding your method of payment (e.g., your credit or debit card number and its expiration date, or your selection of a payment service), your billing address and, if applicable, your shipping information. You represent and warrant that you have the right to use any payment method (e.g., credit or debit card or payment service) with respect to which you submit information in connection with a Transaction. By submitting payment information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
Company reserves the right (but has no obligation), at any time and without liability or prior notice, to limit the availability of or discontinue making available any Product; to change any Product prices; to impose conditions on the honoring of, or discontinue, any coupon, discount, rebate or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies. The receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Transactions may be subject to additional terms, conditions and policies; if, with respect to a Transaction, any such terms, conditions and policies conflict with these Terms of Service, such Transaction terms, conditions and policies will govern with respect to such Transaction to the extent of such conflict.
Tangible Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. All Transactions with respect to tangible Products are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
8. Registration; User Names and Passwords. You may need to register or otherwise enter a user name, password or other data, information or credential with respect to the Site, whether provided by you or provided to you (collectively, “Access Credentials”), to use all or part of the Site. We may reject, or require that you change, any Access Credential that you provide, and we may change or terminate any Access Credential that we may provide to you, in each case in our sole discretion. Your Access Credentials are for your personal use only in accordance with this Agreement and you should keep them confidential; you, and not Company, are responsible for any use or misuse of your Access Credentials, and, in each case, you must promptly notify us of any actual or suspected confidentiality breach or unauthorized use of your Access Credentials or your Site account.
9. Submissions. Certain Site functionality may provide users with the ability to make available certain Resources through or in connection with the Site (each, a “Submission”). Company has no control over and is not responsible for Submissions, any use or misuse (including any distribution) by any third party of Submissions or for any of your interactions with other Site users. If you choose to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk.
10. Your Submissions, Your Product Photos and Feedback. For purposes of clarity, you retain ownership of each Submission that you post or submit to, or otherwise make available through or in connection with, the Site (each, “Your Submission”). You hereby grant to us a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit Your Submissions, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). In addition to the foregoing, if you choose to publicly share any images of any Product through any social media website or online service or other publicly available online service (any such image, “Your Product Photo”), including any such image accompanied by a hashtag (i.e., a word or phrase preceded by “#”) reference using any of our trademarks or any other terms, slogans or keywords referencing Company or its products and/or services, you hereby grant to Company a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit Your Product Photo (including any name, signature, voice, image, likeness, performance, movements, personal characteristics, gestures and mannerisms (collectively, “Likeness”) of a natural person included in Your Product Photo), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Your Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that (a) you have all rights necessary to grant the licenses granted in this section; (b) Your Submissions are complete and accurate; and (c) Your Submissions and your provision thereof to us (whether through and in connection with the Site or otherwise), and Your Product Photos and your provision thereof to any social media website or online service or other publicly available online service, are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party (including any intellectual property, publicity or privacy rights). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law under any legal theory.
Without limiting the foregoing, you specifically represent and warrant that you have all rights necessary to grant the licenses granted in this section with respect to any Likeness of a natural person included in Your Submissions or Your Product Photos.
11. Monitoring. We may (but have no obligation to) monitor, moderate and/or analyze your use of the Site, and monitor, moderate, analyze, alter and/or remove Submissions before or after they appear on the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
12. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view and use any portion of the Site to which we provide you access under this Agreement, solely in accordance with the functionality that we make available to you, solely for your personal, non-commercial use.
13. Company’s Proprietary Rights. As between you and us, we own the Site, which is protected by proprietary rights and laws. All trade names, trademarks, service marks, logos and copyrightable works available through the Site are the property of their respective owners and nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, logos or copyrightable works without the express prior written consent of the owner. Our trade names, trademarks and service marks include Madly Wines and any associated logos. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.
14. Promotions. Any sweepstakes, contests, raffles, surveys, games, coupons, rebates or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will govern with respect to such Promotion to the extent of such conflict.
15. Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Site and any Resources (including any Third Party Resources and Products) are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties with respect to the Site and any Resources (including any Third Party Resources and Products), including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective owners, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns (collectively, the “Company Parties”).
While we seek to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at info@madlywines.com with a description of such alteration and its location on the Site.
16. Limitation of Liability. To the fullest extent permitted under applicable law: (a) no Company Party will be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind arising out of or in connection with the Site or this Agreement, under any contract, tort (including negligence), strict liability or other theory, including damages for diminution of value, loss of profits, loss of revenue, loss of business, loss of use or data, loss of goodwill, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, no Company Party will be liable for damages of any kind resulting from your use of or inability to use the Site or from any Resources (including any Third Party Resources or Products), including from any Virus that may be transmitted in connection therewith; (c) except as set forth in Section 7 above (including in accordance with Company’s return or exchange policies), your sole and exclusive remedy for dissatisfaction with the Site or any Resources (including any Third Party Resources or Products) is to stop using the Site; and (d) the maximum aggregate liability of all Company Parties, collectively, for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be equal to the greater of (i) the total amount, if any, paid by you to Company in connection with this Agreement during a twelve (12)-month period; and (ii) twenty U.S. dollars ($20). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the each of the other Company Parties.
Applicable law, other than any applicable law in the State of New Jersey, may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights. For the avoidance of doubt, if you are a resident of the State of New Jersey, the immediately preceding sentence does not apply to you.
17. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless each Company Party from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of or relating to (a) your use of, or activities in connection with, the Site (including Your Submissions); or (b) any violation or alleged violation of this Agreement by you.
18. Termination. This Agreement is effective until terminated. Company may terminate this Agreement or suspend your right to use the Site at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your Access Credentials, Your Submissions and all associated materials, without any obligation to provide any further access to such materials. The preamble and Sections 2-11 and 13-24 will survive any termination of this Agreement.
19. Governing Law; Arbitration; Class Action Waiver. This Agreement, your use of (including any access to) the Site (including all Transactions) and all related matters are governed solely by, and construed solely in accordance with, the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law that would cause the application of the laws of any other jurisdiction, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement, your use of (including any access to) the Site (including all Transactions) and all related matters, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class arbitration or class action. If you do not want to be bound by this arbitration provision, you may opt out. In order to opt out of this arbitration provision, you must notify us in writing that you do not want to resolve disputes with us by arbitration, and such notice should be delivered by mail to The Wine Group LLC, Attn: General Counsel, 17000 East Highway 120, Ripon, CA 95366 94550, within 30 days of the earlier of (a) the date you first use the Site; and (b) the date you click or tap any button or box marked “accept,” “agree” or “ok” (or a similar term) in connection with this Agreement. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.
20. Parental Control Protections. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
21. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to info@madlywines.com. You may also contact us by writing to Madly Wines’s Information Request/Complaint, 17000 East Highway 120, Ripon, CA 95366, or by calling us at (925) 456-2500. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. Copyright Infringement Claims. We are committed to respecting the legal rights of copyright owners, including those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available from the Site infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or disable access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Site, you may send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998 (the “DMCA”). See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our designated DMCA agent as follows: By mail to Anna Catarina, The Wine Group LLC, 17000 East Highway 120, Ripon, CA 95336; by e-mail to copyright@TheWineGroup.com; or by fax to 209-836-6355. You can also reach our DMCA agent at the following telephone number: 925-456-2500.
We suggest that you consult your legal advisor before sending a DMCA notice or counter-notice. It is Company’s policy to terminate, in appropriate circumstances, a Site user’s right to use the Site if they are deemed by Company to be repeat infringers.
23. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
24. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail to the most recent email address that you have provided to us (including in each case via links), or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
SUPPLY CHAIN TRANSPARENCY: http://thewinegroup.com/supply-chain-transparency/
Site © 2018-2025 The Wine Group LLC unless otherwise noted. All rights reserved.
The Wine Group LLC wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect or you provide through our websites that link to this Privacy Policy (the “Sites”). By using our Services, you agree to this Privacy Policy.
Last Updated: March 3, 2025
Personal Information
“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. Personal Information we may collect includes:
Use of Personal Information
We and our service providers may use Personal Information:
Disclosure of Personal Information
Your Personal Information may be disclosed:
We may also use and disclose your Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law and respond to requests from public and government authorities; (b) to enforce our terms and conditions; and (c) to protect and/or defend our rights, privacy, safety or property, and/or that of our affiliates, you, or others.
Online Activity Information
“Online Activity Information” means the following:
Collection of Online Activity Information
We and our service providers may collect Online Activity Information:
Other Information
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. Other Information we may collect includes:
Please note that we may use and disclose Other Information for any purpose.
Collection of Other Information
Third Party Advertisers
We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites, based on information relating to your access to and use of the Services and other websites. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice and to learn about your choices in connection with these practices, please visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/.
Third Party Services
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site, social media platform or service to which the Services link. Please review any third-party privacy policies to learn how they handle your Personal Information. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
Security
We use reasonable organizational, technical and administrative measures designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.
Choices and Access
If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by using the opt-out mechanism contained in each such email.
If you would like to update Personal Information that you have provided to us, you may contact us in accordance with the “Contacting Us” section below.
Use of Services by Minors
The Services are not directed to individuals under the age of twenty-one (21). We do not knowingly collect Personal Information from individuals under 21, and we request that individuals under 21 do not use or access the Services and that they do not provide Personal Information through the Services.
Jurisdictional Issues
The Services are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.
Last Updated: March 3, 2025
Madly Wines has prepared this California Consumer Privacy Act (“CCPA”) Privacy Notice (the “Notice”) to inform California residents of (1) the information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household (“Personal Information”) that we collect and how we use and disclose that information, and (2) the privacy rights California residents may have relating to their Personal Information and how those rights can be exercised.
This Notice is incorporated into and forms part of our Privacy Policy. By accessing or using the Service, you agree to the practices described in this Notice. If you do not agree to this Notice, please do not access the Site or otherwise use the Services.
Personal Information Collection and Disclosure
The following tables below are intended to provide additional information about our collection and disclosure of Personal Information which we may have collected from you within the past 12 months. Nothing in this Notice limits our ability to use or disclose information as described in our Privacy Policy.
Personal Information Collected From Customers and Site Visitors
| Category of Personal Information | Categories of Sources From Which Personal Information May Have Been Collected | Business or Commercial Purpose for Collecting and Sharing the Category of Personal Information | Categories of Other Entities We Share Personal Information With |
| Identification Information
Examples: real name, postal address, email address, phone number, account name and signature |
Directly from you when you interact with the Services
From social media platforms and similar services |
For our business purposes, such as to respond to your inquiries, fulfill your requests, and complete your purchases.
To send administrative information to you, such as changes to our terms, conditions, and policies, as well as marketing communications that we believe may be of interest. To personalize your experience on the Services by presenting products and offers tailored to you. To facilitate social sharing functionality. To allow you to participate in sweepstakes, contests, surveys and similar promotions and to administer these activities. For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, improving or modifying our Services, identifying usage trends, determining the effectiveness of promotional campaigns, and operating and expanding business activities, and similar purposes. |
Our affiliated companies and brands
To our service providers who provide services on our behalf for example website hosting, data analysis, payment processing, order fulfillment, outbound telesales, and other similar services. For more information on service providers see our privacy policy To third-party sponsors of sweepstakes, contests, surveys and similar promotions you choose to enter. To your friends associated with your social media account, to other website users and as well as to your social media account provider, when you choose to use the social sharing functionality. To providers of social media platforms and advertising networks in order for them to target and serve advertisements on our behalf. |
| Category of Personal Information | Categories of Sources From Which Personal Information May Have Been Collected | Business or Commercial Purpose for Collecting and Sharing the Category of Personal Information | Categories of Other Entities We Share Personal Information With |
| Identification Information
Social Security number (for sweepstakes and contest winners) |
Directly from you when you interact with the Services | To provide 1099 tax form for prizes over $600 | Prize fulfillment service providers for prizes over $600 |
| Online Activity Information
Examples: device identifiers; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; other forms of persistent or probabilistic identifiers; Internet Protocol address; browsing and search history; and other information regarding your interaction with websites, applications or advertisements |
From you using cookies and similar technologies
From service providers and advertising networks collecting such information |
For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, improving or modifying our Services, identifying usage trends, determining the effectiveness of promotional campaigns, and operating and expanding business activities, and similar purposes. For more information of how we use online activity information see our privacy policy | To our service providers who provide services such as website hosting, data analysis, information technology and related infrastructure provision, and other similar services.
To providers of social media platforms and advertising networks in order for them to target and serve advertisements on our behalf. |
| Category of Personal Information | Categories of Sources From Which Personal Information May Have Been Collected | Business or Commercial Purpose for Collecting and Sharing the Category of Personal Information | Categories of Other Entities We Share Personal Information With |
| Financial Information
Examples: credit card number and/or debit card number |
Directly from you.
Outbound telesales and customer service provider |
To process your orders.
For our business purposes, such as fraud monitoring and prevention and security. |
To our service providers who provide services such as, payment processing, order fulfillment, credit card processing, auditing and other similar services.
Note: credit card/debit card information is tokenized and goes directly to service providers. |
| Demographic Information
Age |
Directly from you | For our business purposes, such as to respond to your inquiries, fulfill your requests, and complete your purchases; to personalize your experience on the Services by presenting products and offers tailored to you; and to allow you to participate in sweepstakes, contests, surveys and similar promotions and to administer these activities. | To our service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, outbound telesales, email delivery, credit card processing, auditing and other similar services. |
| Category of Personal Information | Categories of Sources From Which Personal Information May Have Been Collected | Business or Commercial Purpose for Collecting and Sharing the Category of Personal Information | Categories of Other Entities We Share Personal Information With |
| Commercial Information
Examples: records of products purchased, obtained, or considered, and other purchasing histories or tendencies |
Directly from you
Outbound telesales and customer service providers |
To respond to your inquiries, fulfill your requests, and complete your purchases.
To send marketing communications that we believe may be of interest. To personalize your experience on the Services by presenting products and offers tailored to you. For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, improving or modifying our Services, identifying usage trends, determining the effectiveness of promotional campaigns, and operating and expanding business activities, and similar purposes. |
To our service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, outbound telesales, email delivery, credit card processing, auditing and other similar services. |
Additionally, we may disclose each of the above categories of Personal Information for Customers, Site Visitors and Applicants for Employment:
Your rights under the CCPA
Where provided for by law and subject to any applicable exceptions and exclusions, California residents may have the following rights:
How can a consumer with a disability access this Notice?
Consumers who have a visual disability may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review the contents of this Notice.
How to Submit a Request
To submit a request, click here or call our toll-free phone number 1-844-524-4386.
Verifying Requests
To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your Personal Information or complying with your request. If you have an account with us, we may verify your identity by requiring you to sign into your account. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may require you to provide additional Personal Information for verification and, in certain circumstances, sign a declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. If we cannot verify your identity, we will not provide or delete your Personal Information.
Authorized Agents
You may submit a request through an authorized agent using the same methods available to you. If you designate an authorized agent to make an access, deletion or opt-out of sale request on your behalf (1) we may require you to provide the authorized agent signed permission to do so, and (2) for access and deletion requests, we may require you to verify your own identity directly with us (as described above), and confirm that you have provided the agent permission to submit the request.
Additional Information
Employees and contractors are provided notice via different statements.
Contacting Us
If you have questions or concerns regarding this Notice or the practices described, please email us at privacy@madlywines.com or call our toll-free phone number 1-844-524-4386.
Updates to this Privacy Policy
We may change this Privacy Policy from time to time without notice. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Sites. Your use of the Services following these changes means that you accept the revised Privacy Policy.
Contacting Us
If you have any questions about this Privacy Policy, please contact us at PrivacyPolicy@TheWineGroup.com.