Broadway Wine Club + Broadway On Demand

Terms of Use and Privacy Policy

Welcome to the Broadway Wine Club website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions, which together with our privacy policy govern your relationship with the Broadway Wine Club in regards to this website.

Terms of Use

The content of the pages of this website is for general information and use only. It is subject to change without notice.

Neither the Broadway Wine Club nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. Users acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Any use of information or materials from this website is entirely at the user’s own risk, for which we shall not be liable. It shall be the responsibility of all users to ensure that any products, services or information available through this website meet any specific requirements.

This website contains material which is owned by or licensed to the Broadway Wine Club. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the Broadway Wine Club are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that the Broadway Wine Club endorses the website(s) and the Broadway Wine Club accepts no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.

Alcoholic Beverages

All alcoholic beverages are sold in California where title passes to the buyer. Broadway Wine Club makes no representations to the legal rights of anyone to ship or import wines into any state outside of California. The buyer is solely responsible for the shipment of alcoholic beverages and products.

By placing an order, you authorize Broadway Wine Club to act on your behalf to engage a common carrier to deliver your order to your address of record. Wines may only be sold and delivered to persons who are at least 21 years of age. In placing an order, you represent to us that you are at least 21 years of age.

The person receiving the wine will be required to show identification proving they are of legal age to do so. Due to the legal restrictions on wine and other alcoholic beverages, we are only permitted to ship to certain states. We do not offer shipping outside of the United States. Wines purchased from the Broadway Wine Club are not for resale, and are for personal consumption only.

Credit Card Charges

Orders are by credit card only. We accept Visa, MasterCard, American Express, and Discover.

Shipping

Due to the ever-changing nature of wine shipping laws, the list of states that the Broadway Wine Club can ship to is subject to change.  If our website does not currently allow for shipment to your state, please contact us at info@broadwaywineclub.com to discuss potential options.

Shipping Costs

When placing an order from the Broadway Wine Club, the purchaser is responsible for providing an accurate delivery address and delivery timing. Members of the Broadway Wine Club are responsible for all fees associated with returned packages or reshipping of wines. For that reason, the Broadway Wine Club highly recommend shipping wine to a business address as alcoholic beverages cannot be left without the signature of someone over the age of 21.

Shipping Risks

Wine is a perishable product that is sensitive to extreme temperatures; hot humid summer and cold winter weather may adversely affect the condition of wine during shipment. The Broadway Wine Club is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment.

It is the responsibility of the purchaser to provide accurate address and contact information when ordering. All fees related to re-routing and returned shipments are the responsibility of the club member.

The purchaser is responsible for selecting ship dates that are conducive to safe transport and delivery of wine. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser.

The Broadway Wine Club reserves the right to delay or expedite any/all shipping orders in order to provide safe temperature conditions for wine shipments.

Returns & Cancellations

We believe in our wines and stand firmly behind their quality. We will replace or refund the cost of any bottle of wine that is flawed or that the customer finds unsatisfactory. We ask the customer return the unfinished portion of the original bottle for replacement. By law, the Broadway Wine Club cannot accept returns of alcoholic beverages unless the product is corked, or flawed. The Broadway Wine Club is also unable to accept return of wine that was damaged due to adverse weather conditions during shipment, or wine that is ordered in error. Please send an email to info@broadwaywineclub.com to arrange for the return of corked or flawed wine.

Once the wine is received and the quality issue has been verified, we will refund your credit card account for the cost of the wine, less shipping and handling. Please contact the Broadway Wine Club at info@broadwaywineclub.com for return instructions.

Broadway Wine Club Privacy Policy

Last Updated: September 1, 2020

YOUR ACCEPTANCE OF THESE TERMS

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEB SITE.

By visiting this website, you consent and agree to the terms of this Privacy Policy and to the collection, use and storage of your information by us. From time to time, we may change this Privacy Policy. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing this Privacy Policy. Your continued use of this website following the posting of a changed Privacy Policy indicates your acceptance of the changes. Unless we provide you with specific notice, no changes to our Privacy Policy will apply retroactively.

INFORMATION WE COLLECT AND HOW WE USE IT

Personal Information. Your provision of your Personal Information to us is completely voluntary; it is not a statutory or contractual requirement. “Personal information” is information that is uniquely identifiable to you, such as your name, address, email address, phone number, credit card number and other personal information that is not otherwise publicly available. Using certain features of our website may require that you provide us with your personal information. For example, our website may include the following features:

  • Contests/Sweepstakes
  • Surveys
  • Newsletter Sign-Up
  • Mobile Alert Sign-Up (SMS)
  • Contact Us (email)
  • Public forums (e.g. message boards)

To use these features, we may require you to provide your email address, mobile number, name and/or address and certain demographic information (e.g. gender, age, income level, etc.). When you give us personal information to use the features above, you expressly consent to our collection, storage, use and disclosure of this information as described in this Privacy Policy. We may use your personal information to communicate with you about:

  • Your use of any of the features above;
  • New content on our website;
  • New contests;
  • Prize information;
  • News that we think may interest you about us; and
  • Responses to your questions/comments to us.

We may use your demographic information for in-house statistics, advertising, and marketing target information.

The legal basis for our processing of your Personal Information is that it is necessary for the performance and fulfilment of the contract between us and to provide you with our services. We will also process, transfer, disclose and preserve Personal Information when we have a good faith belief that doing so is necessary.

You can always opt-out of receiving future communications from us; see the Choice/Opt-out section below.

Other Information. Even if you don’t use any of the features above, when you visit our website, we may collect certain information about you.

From your Browser. For example, our servers keep an activity log that tracks all visitors to the website. The information in the activity log does not identify you individually. The information collected may include among other data: your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, software crash reports, type of browser used, session identification number, search terms, search results, access times and referring website’s address. We use your IP address to help diagnose problems with our server and to administer our website. Your IP address is also used to gather broad demographic information, such as country of origin and geographic location. We use such data in the aggregate to run internal analyses to improve upon your experience on our website.

Cookies. “Cookies” are small text files that are stored on your computer and record your preferences when you visit certain online pages. Our website uses cookies to track your use of the site and its features and links. We may also use cookies to monitor traffic, improve our website and make it easier to use or more relevant to you. If you provide us with personal information, cookies may be linked to that information.

You may occasionally get cookies from third parties with links (e.g. merchandise retailers and ticket vendors) on our website. We do not control these cookies, and these cookies are not subject to our Privacy Policy. An example of a partner of ours that uses cookies on our side is Ad Swerve. To review their terms, please visit: https://www.adswerve.com/privacy-policy/.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

Tracking Tags (also known as “web beacons,” “action tags” or “single-pixel gifs”). Our website may also use tracking tags. Tracking tags are invisible graphics embedded in the pages of our website that are programmed to collect non-personal information about your use of our website. Like cookies, tracking tags provide overall usage patterns for our website that we use for analysis and to provide personalized services and advertising content.

We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. 

INFORMATION COLLECTED BY/SHARED WITH THIRD PARTIES.

Other than as provided in this Privacy Policy, we do not share your personal information with third parties.

Advertising. We partner with advertising companies who may use information from cookies and the tracking tags they place on our website to provide you with targeted advertisements about goods and services that may be of interest to you based on your use of our website and to track the effectiveness of ads served to you. These advertising company partners may anonymously track your Internet usage across other websites in their networks beyond our website. Any information that these advertising companies collect via cookies and tracking tags is generally not personally identifiable (unless, for example, you provide personal information to them through an ad or email message). If you wish at any time to opt-out of the collection of information by these advertising companies, please contact us at info@broadwaywineclub.com. If you would like more information about the use of cookies and tracking tags and to know your choices about not having this information used by these companies, see the Network Advertising Initiatives consumer Web site at http://www.networkadvertising.org/consumer/.

Third Parties Doing Work for Us. We may employ other companies or individuals to perform functions on our behalf, such as sending postal mail, email, and text messages, conducting sweepstakes/contests, prize fulfillment and promotional activities, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. These outside suppliers, agents and vendors have access to your personal information only as needed to perform their functions.

Third Parties with Links from Our Website. From our website, you may be able to click on links to third party sites to buy tickets and merchandise and for other purposes. These third-party sites may collect information, including personal information. We are not responsible for, nor do we have access to the information they collect. The collection of this information is governed by the privacy policies on the applicable third-party sites.

Social Networking Services. Our website may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our website, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.

When necessary. We may also release personal information when we believe, in good faith, that such release is reasonably necessary to protect the rights, property or safety of ourselves, our clients, our users, or others. Of course, we may disclose any personal information about you to law enforcement, other government officials, or other third parties, as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose us to legal liability.

MOBILE MESSAGE SIGN-UP

If you subscribe to receive messages and alerts from us on your mobile device, by providing us with your mobile number, you acknowledge and agree:

  • We are authorized to send you text messages which may include news, promotions and offers at the number you provide for such purposes until you opt-out as provided in the Choice/Opt-Out section
  • You are the owner or authorized user of the wireless device number you provide to us You are at least 18 years of age
  • You reside in the U.S.
  • Your wireless carrier’s standard messaging rates apply
  • Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies
  • We do not guarantee the privacy or security of your wireless network or the messages you receive
  • We may access the content of your wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints
  • We are authorized to use the information we obtain in connection with providing mobile messages to you as described in this Privacy Policy

PUBLIC FORUMS

At times, this website may contain message boards, and/or news groups available to its users. We request users to give us contact information, such as name, email, address, occupation, and interests to be a registered bulletin board user. This information is optional and not necessary to post messages. This information may be used by the administrator to send the user email notices. However, users may opt-out of receiving future mailings; see the Choice/Opt-out section below. Please remember that any information that is disclosed in these areas becomes public information and users should exercise caution when deciding to disclose personal information.

DIRECTED AT ADULT MARKET

This website’s products and services are directed at an adult market, and therefore this website is intended for use by adults only.  No information should be submitted to or posted on this website by users under 21 years of age.

CALIFORNIA VISITORS

California Civil Code section 1798.83 permits California residents to request information about whether we have disclosed personal information to any third parties for the third parties’ direct marketing purposes. California residents have the right to request in writing: (a) a list of the categories of Personal Information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To make a request, please contact us at the following email address: info@broadwaywineclub.com.

EUROPEAN UNION VISITORS

If you are located within the European Union, you should be aware that your personal information will be transferred to the United States, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this privacy policy and to the transfer of that information to, and/or storage of that information in, the United States. We transfer Personal Information from the European Economic Area and Switzerland to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Personal Information of EU residents will be transferred in compliance with the requirements of the General Data Protection Regulation (“GDPR”).

RIGHTS OF EUROPEAN UNION DATA SUBJECTS

If you are a resident of the European Union, under the GDPR, European Union residents, as data subjects, have the following rights:

  • Right to access – This right allows individuals to obtain confirmation as to whether or not Personal Information concerning him or her is being process and provide access to such Personal Information. It also allows individuals to request details of the processing of his or her Personal Information, including, without limitation, categories of recipients to whom the Personal Information have been or will be disclosed and purposes of processing.
  • Right to rectify – This right allows individuals to rectify any inaccurate Personal Information about him or her.
  • Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances.
  • Right to be forgotten – This right is also known as the “right to erasure”. It is an individual’s right to have personal data erased or to prevent processing in specific circumstances.
  • Right of data portability – This right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information.
  • Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.

To exercise your rights under the GDPR, please contact us at info@broadwaywineclub.com. 

SECURITY

This website has commercially reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. Personal Information collected by our website is stored in secure operating environments that are not available to the public. While we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. 

RETENTION

We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Website and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties. 

CHOICE/OPT-OUT

This website provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor or email us at info@broadwaywineclub.com.

This website gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service.

Users can send email to: info@broadwaywineclub.com

Users can send mail to the following postal address: 92 2nd St., Buellton, CA 93427

Users can call the following telephone number: (844) WINE-BWC

Users can opt-out of receiving future newsletter emails from us by selecting the “unsubscribe” link at the bottom of our newsletter

Mobile message subscribers can respond to a text from us with the message “unsubscribe” to stop receiving text messages from us

However, we are not responsible for removing your information from the lists of any third party who has previously been provided with your information or is collecting your information through their cookies.

You have the right to withdraw your consent for our processing for your Personal Information by contacting us at info@broadwaywineclub.com.

CORRECT/UPDATE

This website gives users the following options for changing and modifying information previously provided.

Users can send email to: info@broadwaywineclub.com

Users can send mail to the following postal address: 92 2nd St., Buellton, CA 93427

Users can call the following telephone number: (844) WINE-BWC 

SUCCESSORS

In the event that we are, or any component of our operations is, merged with, or is acquired by, another entity, then any such successor or acquiring entity may become the successor to our obligations with respect to the personal information that you have provided to us, which would be necessary for the entity to effectively continue our business. By using this website, you consent to any transfer and use of such personal information by an entity assuming control of our operations as a result of a merger, purchase of assets, or liquidation in bankruptcy or insolvency.

CONTACTING THE WEBSITE

If you have any questions about this Privacy Policy, the practices of this website, or your dealings with this website, you can send an email to info@broadwaywineclub.com.

If you are a European Union resident and have any complaints regarding our privacy practices, you have the right to complain to a supervisory authority