Privacy Policy Effective Date: 23-10-2024 We are committed to protecting Your privacy. This Privacy Policy describes how We collect, use, store, share and protect the information collected through our Loyalty and online ordering application  (the “Application”).
In this Privacy Policy, "We", "Us", and "Our"refer to Agave and Rye. For more information about Us, see “Our Details” at the end of this Policy.This Privacy Policy is incorporated into and subject toOur Terms and Conditions. Capitalized words used but not defined in this Privacy Policy have the meaning given to them in the Terms and Conditions.Please be advised that the practices described in thisPrivacy Policy apply only to information gathered online through the Application.This Privacy Policy applies where We are acting as a data controller with respect to the Personal Data of visitors, users, clients and customers (“You,”or “Your”); in other words, where We determine the purposes and means of the processing of that Personal Data. PLEASE READ THIS PRIVACY POLICY CAREFULLY because it affectsYour rights under the law. You confirm that You have read and agreed to be bound by this Privacy Policy. If You do not agree with this Privacy Policy, You cannot use, access, create or publish in the Application. This Privacy Policy may change as We continuously improve the Application, so please check it periodically. We reserve the right to modify or amend the Privacy Policy from time to time without notice. Your continued use of the Application following the posting of changes to these terms will mean You accept those changes. If We intend to apply the modifications or amendments to this Privacy Policy retroactively or to Personal Data already in Our possession, We will provideYou with notice of the modifications or amendments.

‍Contents:

‍Your Data
‍Personal Data   
Data We Collect  
How We Collect Data
‍Personal Data On Or From Social Media
‍Use of Personal Data
‍Retaining and Deleting Personal Data
‍Data Security Non-Personal     
Data Use of Non-Personal Data
‍Personal & Non-Personal Data From Other Sources
‍Account Data
‍User Content Data
‍Enquiry Data
‍Transactions And Payment Data
‍Notifications Data
‍Correspondence  Data
‍Your Choices
‍Your Right to Withdraw Consent
‍California Privacy Rights
‍No Personal Data From Children
‍Cookie Policy   
Cookie We Use  
Purpose Of Using Cookies  
Cookies Used by Our Service Providers  
Managing Cookies  
‍Links To Or From Another Application
‍Changes And Updates
Our Details

1 Your Data Agave and Rye strives to provide you with the best possible service. In order to provide this service we may need to collect information from you from time to time. At all times we try to only collect the information we need for the particular function or activity we are carrying out and use it in accordance with this privacy policy.We collect two basic types of information from You from Your use of the Application: Personal Data and Non-Personal Data.

2 Personal Data "Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.As a general matter, You can browse the Application without submitting Your Personal Data to Us. However, there are a number of circumstances in which You may supply Us with Your Personal Data.

2.1 Data We CollectWe collect the following Personal Data from You: Full     Name; E-mail; Phone     Number; Date     of Birth; Mailing     Address; Usage     DataUsage DataUsage Data is collected Automatically while using theApplication.Usage data may include information such as your device’sInternet Protocol address, browser type, browser version, the pages of our website and Application that you visit, the time spent on those pages, and unique device identifiers or other diagnostic data.When you access the service by or through a mobile device, we may collect certain information automatically.  Including but not limited to the type of mobile device you use, your mobile device unique identifier, the IP address of your mobile device, the type of mobile internet browser you use and your mobile operating system, unique device identifiers and other diagnostic data.  

 2.2 How We Collect DataThe following are the most common ways in which You giveYour Personal Data: Participating     in communities, chat rooms and comment threads, other fora, and other     interactive services in the Application; Submission     of User Content on any part of the Application that permit it; Any     other place in the Application where You knowingly volunteer to give     Personal Data. Registration     for an Account on the Application; Registration     for a Subscription; Signing     up to receive e-mail newsletters or e-mail alerts from Us; Participating     in special events and promotions in the Application; 

2.3 Information Collected while Using the Application While Using Our Application, in order to provide features of Our Application, we may collect, with Your prior permission-Information regarding your locationWe use this information to provide features of OurApplication, to improve our customize Our Application.  The information may be uploaded to theCompany’s servers and /or a service providers server or it may be simply stored on Your device.You can Enable or Disable access to this information at anytime through Your device settings.

3 Personal Data On Or From Social Media When You interact with the Application or Your Account through a social media platform, such as Facebook, Twitter, Tumblr, LinkedIn,YouTube, or Pinterest, We may collect the Personal Data that You make available to Us on that page including Your account ID or handle. We will comply with the privacy policies of the corresponding social media platform and We will only collect and store such Personal Data that We are permitted to collect by these social media platforms.Please do NOT supply any other person's Personal Data to Us, unless We prompt You to do so.

4 Use of Personal DataWe do NOT sell or license Your Personal Data to any third party. We may process any of Your Personal Data identified in thisPrivacy Policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is Our legitimate interests, namely the protection and assertion of Our legal rights, Your legal rights and the legal rights of others.In addition to the specific purposes for which We may process Your Personal Data set out in this clause, We may also process any ofYour Personal Data where such processing is necessary for compliance with a legal obligation to which We are subject, or in order to protect Your vital interests or the vital interests of another natural person.Specifically, We use Your Personal Data for the following: responding     to Your queries and requests; investigating     complaints; enforcing     Our Terms and Conditions; as otherwise     required or authorized by law or government agency. providing     Goods and Services to You; rewards,     competitions, marketing or other promotional materials; processing     Your feedback on Goods and Services; creating     personalized offers;

5 Retaining and Deleting Personal DataPersonal Data that We process for any purpose shall not be kept for longer than is necessary for that purpose or those purposes.We will retain Your Personal Data for a maximum period of 6 months.In some cases, it is not possible for Us to specify in advance the periods for which Your Personal Data will be retained. In such cases, We will determine the period of retention based on our legitimate interests, namely the proper administration of Our Application and business.Notwithstanding the other provisions of this Section, We may retain Your Personal Data where such retention is necessary for compliance with a legal obligation to which We are subject, or in order to protect Your vital interests or the vital interests of another natural person.

6 Data SecurityWe follow generally accepted industry standards to protect the information submitted to Us, both during transmission and once We receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in Our possession.This includes, for example, firewalls, password protection and other access and authentication controls.We use HTTPS HTTPS (Hypertext Transfer Protocol Secure) is an internet communication protocol that protects the integrity and confidentiality of data between your computer and www.agaveandrye.com. The use of HTTPS makes sure your communication with us is:Encrypted — The data you exchange with us is secure from eavesdroppers. That means that when you are browsingwww.agaveandrye.com, nobody can track your activities across multiple pages, or steal the data exchange between your computer and www.agaveandrye.com.Integral — The use of HTTPS preserves the integrity of data. Your data cannot be modified or corrupted during transfer.Authenticated — HTTPS protocol authenticates your communication with us. This ensures that you are always communicating with our servers. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information You transmit to Us or store on the Application, andYou do so at Your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Our physical, technical, or managerial safeguards. If You believe Your PersonalData has been compromised, please contact Us at Privacypolicy@agaveandrye.com.If We learn of a security systems breach, then We attempt to notify You electronically so that You can take appropriate protective steps. We may post a notice through the Application if a security breach occurs.

7 Non-Personal DataNon-Personal Data includes information that does not personally identify You, but may include tracking and usage information aboutYour location, demographics, use of the Application and the internet.When You interact with the Application, We may collectNon-Personal Data and Our servers may automatically keep an activity log ofYour use of the Application.

7.1 Generally, We collect and store the followingNon-Personal Data: Demographic     information such as age, gender, and five-digit zip code as part of     collecting Personal Data; Device     information about Your computer, mobile device, or other device that You     use to access the Application. This information may include IP address,     geolocation information, unique device identifiers, browser type, browser     language, and other transactional information; Additional     “traffic information” such as time of access, date of access, software     crash reports, application errors, session identification number, access     times, and referring site addresses. Other     information regarding Your use of the Application.

8 Use of Non-Personal DataWe may disclose or share Non-Personal Data (or other information, other than Personal Data) in any other manner that We deem appropriate or necessary.Among other things, We will disclose Non-Personal Data to third parties to help Us determine how users use parts of the Application and who Our users are so We can improve the Application.We will also disclose Non-Personal Data to Our partners and other third parties about how Our users collectively use the Application.

9 Personal & Non-Personal Data From Other SourcesWe may also collect and store information about You that We receive from other sources to, among other things, enable Us to update and correct the information contained in Our database and to better customize Your experience on the Application.

10 Account DataWe may process Your Account Data ("Account Data"). The Account Data may include Your name and email address. The source of theAccount Data is You. The Account Data may be processed for the purposes of operating Our Application, providing Our Services, ensuring the security of OurApplication and Services, maintaining back-ups of Our databases and communicating with You. The legal basis for this processing is our legitimate interests, namely the proper administration of Our Application and business.

11 User Content DataWe may process information that You post for publication onOur Application or through Our Services ("User Content Data").The User Content Data may be processed for the purposes of enabling such publication and administering Our Application and Services. The legal basis for this processing is consent.

12 Enquiry DataWe may process information contained in any enquiry You submit to Us regarding Our Goods and/or Services ("Enquiry Data").The Enquiry Data may be processed for the purposes of offering, marketing and selling relevant Goods and/or Services to You. The legal basis for this processing is consent.

13 Transactions And Payment DataWe may process information relating to transactions, including purchases of Goods and Services, that You enter into with Us and/or through Our Application (“Transaction Data”). The Transaction Data may include Your contact details, Your card details, the transaction details, and/or your authentication details. The Transaction Data may be processed for the purpose of supplying the purchased Goods and Services and keeping proper records of those transactions. The legal basis for this processing is our legitimate interests, namely the proper administration of Our Application and business and a contract between user and you or taking steps at user request to enter a contract.

14 Notifications Data We may process information that You provide to Us for the purpose of subscribing to Our email notifications and/or newsletters ("NotificationData"). The Notification Data may be processed for the purposes of sending You the relevant notifications and/or newsletters. The legal basis for this processing is consent.Subscribers can opt-in for SMS messages from Agave & Rye as a part of the loyalty registration process at (LINK TO ENROLLMENT PAGE). By doing so, you agree to receive automated promotional and personalized marketing text messages from Agave & Rye to the mobile phone number you provided when signing up. Messages may pertain to promotional programs, new menu items, etc.Messages for this program will be sent from (513)970-7829) and begin with “EPICRewards Program” Consent to receive automated marketing messages is not a condition of any purchase. Message frequency varies. Message and Data rates may apply. To opt-out of the text messaging program, text the keywordSTOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our (513)970-7829 to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our (10DLC/Short Code) you will receive one additional message confirming that your request has been processed. For more information, text the keyword HELP to our (513)970-7829 for customer care information. You can also contact us at loyaltysupport@agaveandrye.com,  or agaveandrye.com for additional assistance.

15 Correspondence DataWe may process information contained in or relating to any communication that You send to Us ("Correspondence Data"). TheCorrespondence Data may include the communication content and meta data associated with the communication. Our Application will generate the meta data associated with communications made using the Application contact forms. TheCorrespondence Data may be processed for the purposes of communicating with You and record-keeping. The legal basis for this processing is Our legitimate interests, namely the proper administration of Our Application and business and communications with users.

16 Your Choices In general, if You register on the Application, You may update the information You have provided to Us.When You register on the Application, You may be able to indicate Your preferences regarding marketing communications. You may be able to change those preferences and select the categories of communications that interest You.You will not be able to opt-out of receiving certain service-related or transactional communications relating to the Application unless You cancel Your registration or subscription.Even after Your account is cancelled, We may retain Your information for the purposes set forth in this Privacy Policy.

17 Your Right to Withdraw ConsentAt any time, You may legitimately object to the processing of Your Personal Data, except if otherwise provided by applicable law. You may decline to share certain Personal Data with Us, in which case We may not be able to provide to You some of the features and functionality of the Application.

18 California Privacy RightsIf You are a California resident, California Civil CodeSection 1798.83 permits You to request and obtain from We, information regarding the disclosure of Your Personal Data to the third parties for direct marketing purposes in the preceding calendar year, free of charge, once a year.We do not share Your Personal Data with third parties for those parties' direct marketing use. For more information about Our privacy and data collection policies, You may wish to review Our Privacy Policy. California residents, who are under 18 and are registered users of We, are allowed to request and have removed, any content or information that they have posted publicly. However, in cases where the law does not require or allow the removal of information, this may not be applicable. This is under California Business and Professions Code Section22581.California Do Not Track Disclosure: We do not track the personally identifying information of Our users and visitors overtime and across third party websites to provide targeted advertising. We do not respond to Do Not Track (DNT) signals. However, some other third-party websites do keep track of Your browsing activities so that they can tailor the information or advertising they present to You. If You wish to opt out of this tracking, You can enable privacy settings in Your browser.

19 No Personal Data From ChildrenWe do not knowingly collect Personal Data from children under 13 years of age in the USA or 16 years of age in the European Union. The Application is not directed to children under the age of 13 in the USA or 16 in theEuropean Union. We will not knowingly allow children under 13 in the USA or 16in the European Union to register for or become users of the Application.If You are under 13 in the USA or 16 in the European Union years of age, You should not provide Personal Data to Us.If We discover that a child under the age of 13 in the USA or 16 in the European Union has provided Us with Personal Data and We do not have parental consent, We will immediately delete that child’s information.

20 Cookie PolicyA cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.Cookies may be either "persistent" cookies or"session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.Cookies do not typically contain any information that personally identifies a user, but Personal Data that We store about You may be linked to the information stored in and obtained from cookies.

20.1 Cookie We UseSession CookiesThese are temporary cookies that contain no expiration date and  are deleted after the users browser is closed. You will be required to log in again at the next session, where you will be treated as a new user Session cookies examples: Shopping cart, remembering previous actions, managing and passing security tokens, multimedia content player session cookies, load balancing session cookies and third party social content plug in sharing cookies Persistent CookiesThese are cookies which are saved in your browser until they are deleted by the you or are deleted by your browser after they reach their expiration date. Persistent cookies examples: Authentication, language selection, theme selection, favorites, internal site bookmarks, menu preferences, address and payment information. Functionality CookiesFunctionality cookies allow us to remember choices that have been made by you in order to create an experience that’s made to fit. These cookies safely store authentication and identification information, for example your language selection or region.Performance Cookies Performance cookies allow us to collect information, such as the most used pages or error messages, in order to understand how you use our application and enable us to create a better user experience. All information collected by performance cookies in anonymous.

20.2 Purpose Of Using CookiesAuthentication - We use cookies to identify You when You use our Application and as You navigate Our Application;Status - We use cookies to help Us determine ifYou are logged into Our Application; Personalization - We use cookies to store information about Your preferences and to personalize the Application for You; Security - We use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect Our Application andServices generally; Analysis - We use cookies to help Us to analyze the use and performance of Our Application and Services;Cookie Consent - We use cookies to store Your preferences in relation to the use of cookies more generally.

20.3 Cookies Used by Our Service ProvidersOur service providers use cookies and those cookies may be stored on Your computer when You use Our Application.Google Analytics. We use Google Analytics to analyze the use of Our Application. Google Analytics gathers information about Application use by means of cookies. The information gathered relating to Our Application is used to create reports about the use of Our Application. Google's privacy policy is available at: https://www.google.com/policies/privacy/.

20.4 Managing CookiesThe Application may contain links to other sites operated byOur affiliates or third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other sites. We are not responsible for the actions and privacy policies of third parties and other sites. The Application may contain links to other sites operated byOur affiliates or third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other sites. We are not responsible for the actions and privacy policies of third parties and other sites. Third PartyOpt Out PagePrivacy PolicyAdobe Analytics Opt Out Privacy PolicyGoogle Analytics Opt Out Privacy Policy 
21 Links To Or From Another ApplicationThe Application may contain links to other sites operated byOur affiliates or third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other sites. We are not responsible for the actions and privacy policies of third parties and other sites. 

22 Changes And Updates We may change Our ownership or corporate organization while providing the Application and Services. We may also sell certain assets associated with the Application. As a result, please be aware that in such event, We may transfer some or all of Your information to a company acquiring all or part of Our assets or to another company with which We have merged.Under such circumstances We would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, We cannot promise that an acquiring company or the merged company will have the same privacy practices or treat Your information the same as described in this Privacy Policy. 

23 Assignment We may change Our ownership or corporate organization while providing the Application and Services. We may also sell certain assets associated with the Application. As a result, please be aware that in such event, We may transfer some or all of Your information to a company acquiring all or part of Our assets or to another company with which We have merged.Under such circumstances We would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, We cannot promise that an acquiring company or the merged company will have the same privacy practices or treat Your information the same as described in this Privacy Policy.  

24 Our Details If you have questions or concerns regarding this policy or if you need to make a request please contact us at: Contact URL:https://www.agaveandrye.com/contact