Privacy Policy

Effective Date: September 2, 2026 Last Updated: September 2, 2026

Elk ("Elk," "we," "us," or "our") operates the website elkwine.com (the "Site") and sells kosher wine at retail from our Miami, Florida warehouse, with delivery in Florida and shipping to other states where we are legally permitted to do so. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit the Site, place an order, join a subscription ("Cellar"), message us on WhatsApp or SMS, or otherwise interact with us.

By using the Site, you agree to the collection and use of information as described in this Privacy Policy. If you do not agree with our practices, please do not use the Site.

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1. Age Restriction

Our products are alcoholic beverages. The Site and our services are not directed to, and we do not knowingly collect personal information from, anyone under the age of 21. By using the Site or placing an order, you represent that you are at least 21 years old. We verify age at checkout (date of birth) and may verify age again at delivery, including an ID check by our delivery personnel or common carrier, consistent with state law requiring an adult signature for alcohol deliveries.

2. Information We Collect

a. Information you provide directly

• Name, billing and delivery address, phone number, and email address
• Date of birth (for age verification)
• Payment information (processed by our third-party payment processor — see Section 5; we do not store full payment card numbers)
• Order history, preferences, subscription/"Cellar" selections, and any information you submit through contact forms, account registration, or customer service communications (including via WhatsApp)
• Information you provide if you sign up for our email, SMS, or WhatsApp marketing (e.g., phone number, opt-in preferences)

b. Information collected automatically

• IP address, browser type, device identifiers, and operating system
• Pages visited, time spent on the Site, referring/exit pages, and clickstream data
• Approximate location derived from your IP address or delivery address (used to confirm we can legally deliver to you and that you are of legal drinking age in that jurisdiction)
• Cookies, pixels, and similar tracking technologies (see Section 4)

c. Information from third parties

• Our e-commerce platform (Shopify) and the apps installed on our store, used for functions such as marketing automation, loyalty/subscription management, reviews, and analytics
• Advertising and analytics partners, including Meta (Facebook/Instagram) and Google, through pixels, conversion APIs, or similar technologies
• Shipping and delivery partners (e.g., UPS, FedEx, and our own delivery drivers), to fulfill and confirm delivery
• WhatsApp / Meta Business messaging, if you contact us or opt in through WhatsApp

3. How We Use Your Information

We use the information we collect to:

• Process and fulfill orders and subscriptions, including age and delivery-address verification
• Communicate with you about orders, subscription renewals, account activity, and customer service requests
• Send marketing communications (email, SMS, WhatsApp) where you have opted in, and allow you to opt out at any time
• Personalize your shopping experience and recommend products
• Operate, maintain, and improve the Site and our services
• Detect, prevent, and address fraud, security issues, or violations of our terms
• Comply with legal obligations, including alcohol sale/delivery regulations, age-verification requirements, and tax reporting
• Analyze Site usage and advertising performance

4. Cookies, Pixels, and Similar Tracking Technologies

We and our service providers use cookies, tracking pixels (including the Meta/Facebook Pixel and similar tools from other advertising or analytics providers), and related technologies to:

• Keep your cart and session active and support checkout
• Remember your preferences
• Analyze traffic and Site performance (analytics)
• Deliver and measure targeted advertising, including retargeting through Meta/Facebook, Instagram, and Google

Consent and controls. Where required by law, we display a cookie/tracking consent banner before non-essential trackers load, and we honor the choices you make. You can also control cookies through your browser settings, and where available, we honor opt-out preference signals such as the Global Privacy Control (GPC). Disabling cookies may affect Site functionality, such as your ability to complete a purchase.

Note for the business: website tracking pixels have become one of the most heavily litigated privacy issues for e-commerce sites in 2025–2026, particularly under California's Invasion of Privacy Act (CIPA) and similar state wiretapping statutes, and Florida has become the second most active state for these claims after California. Naming the specific tools in use here, using a consent banner that blocks non-essential trackers until consent is given (not just discloses them), and keeping this section current with whatever pixels/analytics are actually installed are important practical steps beyond the policy text itself.

5. How We Share Your Information

We do not sell your personal information for money. We may share information with:

• Service providers, including our e-commerce platform (Shopify) and its installed apps, payment processors, SMS/WhatsApp/email marketing platforms, and analytics providers, solely to help us operate the Site and fulfill orders
• Delivery and logistics partners, to deliver your order and confirm age/ID at delivery, including our licensed third-party shipping/compliance partner and common carriers (e.g., UPS) who require an alcohol shipping agreement and adult signature
• Advertising partners (e.g., Meta/Facebook, Google), which may use identifiers such as your email (in hashed form) or device ID to serve or measure ads. You can opt out of interest-based advertising through your Meta ad preferences, your Google ad settings, or aboutads.info
• Legal and regulatory authorities, where required to comply with law (including state alcohol beverage control agencies), respond to legal process, or protect our rights, property, or safety, or that of others
• Professional advisors and successors, in connection with a merger, acquisition, financing, or sale of assets

6. Your Privacy Choices and Rights

Marketing opt-out. You may unsubscribe from marketing emails using the link in any email, reply "STOP" to opt out of SMS/WhatsApp marketing, or contact us directly. We will honor opt-out requests made through any reasonable method, not only the word "STOP."

SMS/WhatsApp consent. We only send marketing text messages or WhatsApp messages to numbers that have affirmatively opted in (a separate, clear opt-in — not simply provided at checkout for order purposes). Message and data rates may apply. Consent to marketing messages is not required as a condition of purchase.

California residents (CCPA/CPRA). If you are a California resident, you may have the right to: know what personal information we collect and how it is used and shared; request deletion of your personal information; correct inaccurate information; and opt out of the "sale" or "sharing" of personal information for cross-context behavioral advertising (which can include the use of advertising pixels). We do not sell personal information for monetary consideration. To exercise these rights, contact us using the information in Section 10, or use any opt-out link provided on the Site. We will not discriminate against you for exercising your privacy rights.

Other U.S. state privacy laws. Depending on your state of residence, you may have similar rights to access, correct, delete, or limit the use of your personal information, and to opt out of targeted advertising, "sale" of data, or certain profiling. Contact us to make a request, and we will respond consistent with applicable law.

Do Not Track. Our Site does not currently respond to browser "Do Not Track" signals (separate from GPC, addressed above).

7. Subscriptions ("Cellar") and Recurring Orders

If you subscribe to a recurring wine box ("Cellar" or similar subscription), we use your payment, address, and preference information to process recurring charges and shipments. Recurring/auto-renewing subscriptions sold to consumers — including in California and other states with automatic-renewal disclosure laws — must clearly and conspicuously disclose the price, frequency, and cancellation method before purchase, obtain affirmative consent to the recurring charge, and provide an easy way to cancel. This Privacy Policy addresses how we handle your data in connection with a subscription; the specific billing, cancellation, and renewal terms belong in your Terms of Service / Subscription Terms, not this Policy, and should be reviewed separately for compliance with California's Automatic Renewal Law, the FTC's Negative Option Rule, and ROSCA, given wine subscription companies have been specifically targeted in enforcement actions on this issue.

8. Data Retention

We retain personal information for as long as necessary to fulfill the purposes described in this Policy, including to complete transactions, comply with legal, tax, and alcohol-regulatory recordkeeping requirements, resolve disputes, and enforce our agreements.

9. Data Security

We use commercially reasonable administrative, technical, and physical safeguards designed to protect your information, including relying on our e-commerce platform's and payment processor's security measures (e.g., PCI-DSS compliant payment processing). No method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

10. Children's Privacy

The Site is not intended for individuals under 21. We do not knowingly collect personal information from anyone under 21. If we learn we have inadvertently collected such information, we will take steps to delete it.

11. Where We Ship and Deliver

We deliver within Florida and ship to other U.S. states through a licensed third-party shipping/compliance partner and common carriers (such as UPS), who are responsible for holding the applicable state licenses and permits and for ensuring shipments comply with destination-state alcohol laws. We do not knowingly ship to states or communities where delivery is prohibited, and we reserve the right to cancel or refuse any order that cannot be lawfully fulfilled to the destination address.

To fulfill your order, we share the information necessary for compliant shipping — such as your name, delivery address, and date of birth — with this third-party shipping/compliance partner and with the common carrier. They use this information solely to verify legal eligibility to ship to your address, confirm age at delivery, and complete delivery, and are contractually required to protect it. See Section 5 for more on how information is shared with service providers generally.

12. Website Accessibility

We are committed to making the Site accessible to all users, including individuals with disabilities, and aim to follow the Web Content Accessibility Guidelines (WCAG). If you experience difficulty accessing any part of the Site, please contact us using the information in Section 13.

Note for the business: alcohol e-commerce sites have been a specific, named target of ADA Title III website-accessibility demand letters and lawsuits in the last two years, with California, Florida, and New York — Florida in particular, given your location — cited as the most active jurisdictions. An accessibility statement alone does not create legal compliance; genuine WCAG 2.1/2.2 AA conformance (not just an accessibility "widget," which courts and the FTC have both criticized as an inadequate fix) is the real risk-reduction step.

13. Contact Us

If you have questions about this Privacy Policy or would like to exercise your privacy rights, contact us at:

Elk 487 Northeast 189th Street, Miami, Florida 33179, United States Email: contact@elkwine.com Phone/WhatsApp: +1 (786) 750-1019

14. Changes to This Policy

We may update this Privacy Policy from time to time. The "Last Updated" date above reflects the most recent changes. Material changes will be posted on this page, and where required by law, we will provide additional notice.