Privacy Policy

January 1, 2023

West Wind Drive-In and Public Markets (“West Wind”) takes your privacy seriously. Earning and maintaining your trust is important to us. We want you to understand what information we gather from you, how it is used and protected, and what choices you have about how your information is used. This Privacy Policy discloses the privacy practices of www.westwinddi.com (the “Website”). By using the Website, you agree, without limitation or qualification, to be bound by this Privacy Policy.

If you access a third party website from a link on the Website, any information you reveal on that site is not subject to this Privacy Policy. You should consult the privacy policy of each website you visit.

Note to California residents: Please scroll down for additional rights afforded to you under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”).

INFORMATION COLLECTED ABOUT YOU

West Wind collects two kinds of information: (1) Personally identifiable information (“Personal Information”) voluntarily provided by visitors through optional registration or other methods; and (2) non-personally identifiable information routinely gathered as visitors navigate through our Website.

You are free to visit and use our Website without providing any Personal Information. However, West Wind offers services on our Website that require registration and/or submission of Personal Information. In order to register or otherwise take advantage of the personalized services that we offer on our Website, you will have to provide Personal Information. The Personal Information that we request from you may include your name, address, and email address. Providing West Wind with your Personal Information is strictly voluntary.

EMAILS AND NEWSLETTERS

You may register to receive email subscriptions and newsletters from West Wind. To receive emails and newsletters from West Wind you must provide your email address.
You may use our Website without registering or submitting any Personal Information. In that case, the only information we will collect from you is general, aggregated, demographic, or other non-personal information. We use a third-party tracking service that uses cookies and log files to track non-personal information about visitors to our Website in the aggregate. We may also share non-personal information with third parties such as advertisers and partners. This non-personal, aggregate data is used to analyze trends, to track user movement around the Website, and to gather demographic information about how members, subscribers, and/or visitors use our Website.

In some cases, when you click on a link or an advertisement in an email or newsletter you may receive from us, your browser may be momentarily directed to the site of a third party which, acting on West Wind’s behalf, notes or “counts” your response to the email or newsletter before re-directing your browser to its proper destination. This re-direction process will not be apparent to you. Your Personal Information will not be recorded by this third party.

TEXT MESSAGING

West Wind may provide you with an opportunity to opt in to receive special offers and other text messages on your wireless telephone. By providing West Wind with your wireless telephone number, you (1) consent to receiving autodialed, telemarketing text or e-mail messages at the telephone number, including Short Message Service (SMS) messages, and understand that your consent is not required as a condition of subscribing, (2) accept and agree to be bound by this Privacy Policy and any other applicable terms and conditions, and (3) consent to the processing of your information as set forth in those policies.
 
You also agree to be bound by the following terms and conditions:

  • Standard carrier data and message rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages.
  • How to opt out: You can opt out from future messages at any time by replying STOP to the text message. You agree that if you request to opt out from future messages, we may send you a one-time opt-out confirmation text message.
  • How to get help or support: To get help or support, email us at global@westwinddriveins.com.
  • This text messaging program may not be available on all wireless carriers. West Wind may add or remove any wireless carrier from this program without notice.
  • Under normal circumstance, you will receive no more than 2 messages per week.

COOKIES

A cookie is a small text file stored on a user’s computer for record-keeping purposes. We use cookies on our Website to determine the number of unique visitors, to personalize your online experience, to identify returning visitors, and to provide you with advertisements and messages of interest to you. West Wind does not store any Personal Information in any cookies on your computer. However, we do link the non-personal information we store in cookies to your Personal Information. Also, companies offering products or services through our Website may use their own cookies. This Privacy Policy covers the use and placement of cookies by West Wind only, and does not cover the use or placement of cookies by any third party.

Your browser may be set to reject all cookies. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookie(s), you may not be able to utilize some of the features of our website.

LOG FILES

As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information (which does not identify individual users) to analyze trends, to administer the Website, and to identify and solve hardware and software problems as they arise. We may link this automatically-collected data to your Personal Information for the purpose of determining your interests and to offer you goods or services that we believe may be of interest to you.

If you register on our Website and provide us with Personal Information, we may link non-personal, aggregated tracking data with your online Personal Information through use of cookies, log files and other non-personal information collection. We may also supplement the Personal Information we collect from you with non-personal or personal information from other, third party sources (e.g., Experian Information Solutions, Inc.). We will merge this third party information with Personal Information you have provided to us. The composite information about you will be treated in accordance with this privacy policy.

Sponsors, partners or advertisers on the Website or in emails, special promotions, or newsletters we send you may also use their own cookies or web beacons when you click on their advertisement or link to their website or service, or even if the advertisement simply appears on a page or in an email that you are viewing.

We do not control third parties’ use of cookies or web beacons, or how they manage the non-personal information they gather through them. Please review the privacy policy of other sites you visit or link to from our site to understand how these other sites use cookies and how they use the information they collect through the use of cookies or web beacons on their own sites.

We are committed to protecting the privacy of children. This Website is not designed for, nor is it intended to attract, children under the age of 13. We do not knowingly collect Personal Information directly from any person under the age of 13, and if we do inadvertently collect information from a person under the age of 13, we delete it as soon as we discover it.
This Privacy Policy does not protect you when you send business information, ideas, concepts or inventions to West Wind by email to the contacts listed on the “Contact Us” link on our Website. If you want to keep business information, ideas, concepts or inventions private or proprietary, do not send them in an email to West Wind.

DISCLOSURE OF YOUR INFORMATION

Except as set forth in this Privacy Policy or as specifically agreed to by you, West Wind will not disclose any Personal Information it gathers from you on our Website without your prior permission. Except as set forth herein, you will have the opportunity to opt-in to West Wind sharing your Personal Information with third parties, and you can withdraw your consent to West Wind sharing your information at any time.

In some circumstances, we must disclose your Personal Information to third parties who help us administer our Website or our services. These third parties are required to keep your information confidential and do not use your information for any purpose other than the purpose under which your information was collected.

We may also release Personal Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, court order, or legal process; or (2) in special cases, such as a physical threat to you or others, or to protect the rights and/or property of West Wind. Additionally, in the unlikely event that the entirety of our business is sold, liquidated, merged, or transferred to a third party, we may transfer all personal and non-personal information to the party purchasing or merging with us.

DISCLOSURE TO THIRD PARTIES GENERALLY

Occasionally we may invite you to be contacted by third parties whose goods or services may be of interest to you. We will only share your Personal Information with these third parties if you grant us permission to do so. If you opt-in to such sharing, we may also share your Personal Information with licensors of golf products, and/or health-related programs offered on or through our Website.

We may provide third parties with non-personal information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website. For example, we provide our advertisers and other third parties with aggregate, non-personal information about our Website users, including the number of unique users who visit our Website, the demographic breakdown of the registered users of our Website, or the activities that visitors to our Website engage in while on our Website.

DISCLOSURE TO OUTSIDE CONTRACTORS

We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to our Website, including but not limited to maintaining an email suppression list as required by state and/or federal law, providing credit card processing and shipping fulfillment, fraud screening, testing and implementation of special services such as those for contacting members, and developing applications for our Website and email services. These Outside Contractors may sometimes have limited access to information collected on our Website, including your Personal Information, in the course of providing products or services to us. Access to your Personal Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us.

DISCLOSURE TO THIRD PARTY SELLERS

Through our Website, you may be given the opportunity to purchase (or to obtain more information) regarding certain content, products or services which are sold through a person or company other than us or our Affiliates (collectively, “Third Party Sellers”). In addition, if you purchase a product or service through one of our co-branded stores (rather than through our Online Store), you will likely be purchasing the product through a Third Party Seller, not from us. We will attempt to notify you when you are dealing with a Third Party Seller by opening a new browser or otherwise notifying you that you are leaving our Website. For example, if you see a phrase such as “powered by” or “brought to you by” followed by the name of a person or company other than West Wind , then you are likely on, or about to enter, a website hosted or operated by a person or company other than us. Third Party Sellers may request that you submit certain Personal Information (e.g., name and address for shipment purposes) to them in order to purchase their products or services or to obtain additional information from them. Alternatively, we may offer the products or services of these Third Party Sellers elsewhere on our Website. If you should make a purchase of these products or services, we will transmit your purchase data and your Personal Information to the Third Party Seller so that the transaction can be processed.

If you do not wish for a Third Party Seller to have access to your Personal Information, please do not make a purchase in our Online Store (or elsewhere on our Website). By submitting the requested information, you affirmatively consent to have that information shared with the Third Party Seller. This information is used by the Third Party Seller and may be subject to a different privacy policy. We do not otherwise share or disclose your Personal Information to Third Party Sellers unless you give us permission to do so.

DISCLOSURE TO LINKED SITES

In addition to the third party websites that you may access as described above, for your convenience there may be links to websites operated by companies other than West Wind (“Third Party Websites”) that are not contractors who provide content or services through our Website. These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors. West Wind does not disclose your Personal Information to these Third Party Websites without obtaining your consent. In addition, West Wind does not endorse and is not responsible for the privacy practices of these websites. If you choose to link to one of these Third party Websites, you should review the privacy policy posted on the other site to understand how that Third Party Website collects and uses your Personal Information.

OTHER DISCLOSURES

We reserve the right to transfer information to a third party in the event of a sale, liquidation, merger, or other transfer of all or substantially all of the assets of West Wind . We will endeavor, in good faith, to gain the third party’s agreement and adherence to the terms of this Privacy Policy. In addition, we will notify users of any such transfer through notice on our Website and through email.

HOW WEST WIND HANDLES SECURITY

The security of your Personal Information is important to us. When you enter sensitive information we follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

YOUR PRIVACY CHOICES

Except as otherwise described in this Privacy Policy, we will only use Personal Information for the purposes described above or as otherwise disclosed at the time we request such information from you. You may also change your preference and “opt-out” of receiving voluntary, non-transactional communications by contacting global@westwinddriveins.com. You may also change your mind as to whether West Wind may share your information with third parties by sending an email to global@westwinddriveins.com.

West Wind operates in the United States and all of our servers are located in the United States. Privacy laws differ in jurisdictions outside the United States. If you are located in a country outside the United States, please be aware that your Personal Information will be collected and stored in compliance with United States laws.

UPDATING YOUR PERSONAL INFORMATION AND CONTACTING WEST WIND

You can always contact us in order to (1) update or correct your Personal Information, (2) change your preferences with respect to communications and other information you receive from us or third parties, or (3) delete the Personal Information maintained about you on our systems, by contacting global@westwinddriveins.com. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change, or deletion. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to West Wind from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that will be difficult or impossible for us to locate.

CALIFORNIA RESIDENTS

Under the CCPA, California residents have certain rights around West Wind’s collection and use of their personal information. West Wind does not sell your personal information and will not do so in the future without updating this policy and an opportunity to opt-out of such sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information. West Wind collects various categories of personal information, including, but not limited to, identifiers and commercial information. A more detailed description of the information West Wind collects and how we use it is provided above If you are a resident of California, you have the right to request to know what personal information has been collected about you, and to access that information. You also have the right to request deletion of your personal information, though numerous exceptions under the CCPA may allow West Wind to retain and use certain personal information notwithstanding your deletion request, including, without limitation, completing your transaction (including providing you a good or service or to otherwise perform a contract between us), protect your security, fix our system in the case of a bug, comply with a legal obligation, or to enable solely internal uses reasonably aligned with consumers expectations that are compatible with the context in which the information was provided. As of January 1, 2023, you have the right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of West Wind and its users relating to content on West Wind’s platform, including, without limitation, legally protected rights related to freedom of speech, freedom of the press, or freedom to information. You can submit your data rights request by mailing us a letter via the United States Post Office to West Wind Drive-In and Public Markets, 150 Pelican Way, San Rafael, CA 94901, Attn: Legal – CCPA Privacy Related Request, sending us an email to global@westwinddriveins.com and in the subject line write Attn: Legal – CCPA Privacy Related Request, or calling us at (833) 222-8471 . Information on the number of data rights requests West Wind has received in California can be learned by using the same methods described immediately above. We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so. West Wind does not knowingly sell or share the personal information of consumers under 16 years of age. Separate from the CCPA, California’s Shine the Light law gives California residents the right to ask companies what personal information they share with third parties for those third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at global@westwinddriveins.com and in the subject line write Attn: Legal – CCPA Privacy Related Request. West Wind retains information for as long as reasonably necessary for the purposes for which it was collected, or as otherwise permitted or required by law . Unless defined elsewhere in this policy, the terms referenced above in this section have the meanings ascribed to them under the CCPA.

CONTACT US WITH PRIVACY-RELATED QUESTIONS

If you have a complaint or problem, you may email us at global@westwinddriveins.com and we will forward your complaint to the appropriate internal West Wind department for a response or resolution. We try to answer every email in a timely manner but are not always able to do so. If you have any questions about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact us by sending an email to global@westwinddriveins.com and including Privacy/Legal in the subject line.

CHANGES TO THIS PRIVACY POLICY

We may occasionally update this Privacy Policy. When we do, we will also revise the “last updated” date at the top of the privacy statement. For material changes to this Privacy Policy, we will notify you either by placing a prominent notice on the home page of the Website or by sending you a notification directly. We encourage you to review this Privacy Policy periodically to stay informed about how we are helping to protect the Personal Information we collect. Your continued use of the service constitutes your agreement to this Privacy Policy and any updates.