Privacy Policy

Privacy Policy September 2023

Topics

This Privacy Policy (“Policy”) describes the data that Beer Pass, LLC (we, us, or our) gather on or through the Service (“Data”), how we use and disclose Data, and the steps we take to protect Data. By visiting the App, or by purchasing or using the Service, you accept the privacy practices described in this Policy. This applies to our web App at www.beerpassapp.com (the “App”), and all related web Apps, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to this Privacy Policy is displayed, and all other communications with individuals though from written or oral means, such as email or phone (collectively, together with the App, our “Service”).

This Policy is incorporated into, and is subject to, the Beer Pass Terms of Service. Capitalized terms used but not defined in this Policy have the meaning given to them in the Beer Pass Terms of Service.

1.The Data We Collect on the Service

We only collect the Data specified in Section 2, as well as where and when a free beer is provided to a Subscriber, the IP address and device information generated when you use the Service,  and the geographic locations collected from or through the Service (“Personal Data”). We collect no other personal data. The legal bases for Beer Pass’s processing of personal data are primarily that the processing is necessary for providing the Service in accordance with Beer Pass’s Terms of Service and that the processing is carried out in Beer Pass’s legitimate interests, which are further explained in the section “How We Use the Data We Collect” of this Policy.

2. User-provided Data

When you use the Service, you may provide Personal Data, including your name, email address, phone number, city and state, zip code, gender, city preference, your credit card type and issuer, last 4 digits of the card number and expiration date,  and whether you are 21 and over.  If you permit us access to your location, we may collect location data.  You may provide us with Personal Data in various ways on the Service. For example, when you register for an Account, use the Service, or send us customer service -related requests, or respond to surveys we may send you. When a User uses the Service, we may automatically record certain information from the User’s device. This “automatically collected” information may include IP address, location, device address or ID, web browser and/or device type, and the dates and times of the visit, access, or use of the Service, including generation of notifications, subscription enrollment or cancellation, account deletion, or user interaction with advertisements to the Site.  We may further use Google Analytics for the purposes of optimization of the Services and our systems.

3. How We Use the Data We Collect

We use the Data that we collect for the purposes of the delivery and optimization of the Service, including tailoring the delivery of those Services to you, as well as the optimization of our marketing strategies. Data is used to send and receive BeerPass electronic codes for a daily free beer from a Participating Bar and updates on promotions and events relating to products and services offered by us and by third parties we work with. In furtherance of this purpose, we use the Data to ensure our subscribers receive their daily free beer and other subscription and membership benefits. For the optimization of the Service, we also collect and log any error codes that appear through your use of the Service. We also use the Data to maintain information on our Partnering Bars.

4. Communications

We may use a User’s email address to contact that User for administrative purposes such as customer service or with updates on promotions and events, relating to products and services offered by us and by third parties we work with. You may also receive promotional communications from us related to the Service. You have the ability to opt-out of receiving any promotional communications as specified in Section 9.

5. To Whom We Disclose Data

Unless we say differently in Sections 6, 7, or 8, we do not disclose Data to third parties. However, if you use third-party services related to your use of the Service, such as Google Maps, such apps may collect information about your location and IP address as well as other information. As part of your use of Google Maps, you will be subject to Google’s Terms of Service and Privacy Policy. Partnering bars and social media are other third-party apps and websites you may access through or using our app directly or indirectly. You should review the privacy policies of those third-party apps and websites before accessing and using them.

6. Service Providers

We work with third party service providers, such as Stripe, who provide credit card processing, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information.

7. Law Enforcement, Legal Process and Compliance

We may disclose Personal Data or other information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws; in response to a facially valid court order, judicial or other government subpoena or warrant; or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to disclose Personal Data or other information that we believe, in good faith, is appropriate or necessary to: (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available; or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.

8. Advertising Purposes

We may disclose Personal Data to advertising partners, such as Meta through Facebook SDK. To the extent such Personal Data is disclosed, we offer you the opportunity to opt out of its disclosure to our advertising partners.

9. Access, Correction, Deletion

We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. If you wish to access or amend any other Personal Data we hold about you, or to request that we delete or transfer any Data about you that we have obtained, you may contact us as set forth in the “Contact Us” section. At your request, we will have any identifiable reference to you deleted or blocked in our database.

You may update, correct, or delete your Account information and preferences at any time by accessing your Account settings page on the Service. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

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 Service.

At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law. If you believe your right to privacy granted by applicable data protection laws has been infringed upon, please contact Beer Pass’s Data Protection Officer at dpo@beerpassapp.com. You might also have a right to file a complaint with applicable data protection authorities.

10. Opting out of Promotional Communications

You may unsubscribe at any time from receiving promotional communications from us by following the instructions contained within the email or by sending an email to the address provided in the “Contact Us” section.

Users are able to view and modify settings relating to the nature and frequency of promotional communications that they receive from us by accessing the “Account functionality” tab on the Service.

Please be aware that if you opt-out of receiving promotional communications from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request. Additionally, even after you opt-out from receiving promotional communications from us, you will continue to receive administrative messages from us regarding the Service.

11. Privacy Shield

While we believe we are compliant with EU privacy laws and regulations, we cannot certify to that at this time. Our app is currently hosted in the EU.

12. Data Privacy Laws

We will not share any Personal Data with third parties to the extent prohibited by state and federal law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.

13. Do Not Track Policy

Some state laws require that operators of webApps and online services disclose how they respond to a Do Not Track signal. Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the webApp or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signal. We continue to work with the online industry to define a common understanding of how to treat Do Not Track signals.

In the meantime, you may opt out of receiving interest-based advertising from advertising networks that may be delivered on our platform and other webApps by visiting the following webApps. If you want to opt out of this online behavioral advertising, visit the following Apps: http://www.aboutads.info/consumers and http://www.networkadvertising.org.

14. Cookies

Some state laws require that operators of webApps and online services disclose whether other third parties may collect personally identifiable information about an individual’s online activities from their App or service. Unless otherwise specified in this Privacy Policy, we do not, nor do we allow third parties, to use cookies and other technologies to collect information about your use of the App.

15. Minors and Children’s Privacy

Protecting the privacy of young children is especially important. Our Service is not directed to user      under the age of 21, including minor children, and we do not knowingly collect Personal Data from anyone under the age of 21. If you are under 21 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Data has been collected on the Service from persons under 21 years of age, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your minor child has obtained an Account on the Service, then you may alert us via email (support@beerpassapp.com) and request that we delete that child’s Personal Data from our systems.

The Service is not intended to be used by minors, and it is not intended to be used to post content to share publicly or with friends. To the extent that a minor has posted such content on the Service, the minor has the right to have this content deleted or removed using the deletion or removal options detailed in this Privacy Policy. If you have any question regarding this topic, please contact us as indicated in the “Contact Us” section. Please be aware that, although we offer this deletion capability, the removal of content may not ensure complete or comprehensive removal of that content or information.

16. Data Security

We 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. Administrative protections include limiting the number of users with administrative access to Personal Data. Technical safeguards include, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and application-layer security features. As a physical safeguard, the servers containing Personal Data are housed in a secured facility in France.

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 Service, and you 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 Personal Data has been compromised, please contact us as set forth in the “How to Contact Us” section.

If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.

17. Data Retention

We only retain the Personal Data collected from a User for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

• the contents of closed accounts are deleted within 2 years of the date of closure;
• backups are kept for 2 years;
• billing information is retained with Stripe according to its data retention policies. Please review the following resources for additional information. https://stripe.com/legal/privacy-center#how-long-will-stripe-keep-my-data and https://stripe.com/privacy.
• information on legal transactions between Client and Beer Pass is retained for a period of 10 years

18. Settings

Although we may allow you to adjust your privacy settings to limit access to certain Personal Data, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.

19. Data Transfer

The Service is hosted in the EU (France).  We may transfer, process and store Personal Data we collect through the Services in centralized databases and with service providers located in the U.S. The U.S. may not have the same data protection framework as the country from which you may be using the Services. When we transfer Personal Data to the U.S., we will protect it as described in this Privacy Policy.

20. Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

21. Contact Us

Please contact us with any questions or comments about this Policy, your identifying Personal Data, our use and disclosure practices, or your consent choices by email at support@beerpassapp.com. If you have any concerns or complaints about this Policy or your Personal Data, you may contact Beer Pass’s Data Protection Officer by email at dpo@beerpassapp.com.