PRIVACY POLICY

Effective as of August 25, 2017
Welcome to the BottleCapps application (the “App”), a product of Critical Telephone Applications, Inc. d/b/a BottleCapps (“BottleCapps”, “we”, or “us”) that is being provided to you on behalf of our service partner retail liquor store (“Retailer”) to allow you to search your Retailer’s product inventory, order products and services from your Retailer, gain access to product and service promotions, and track your frequent shopper/loyalty credits all from the convenience of your iOS or Android mobile device. The following agreement (the “Privacy Policy”) governs BottleCapps’ use of all personal information collected about you when you use the App.
THIS PRIVACY POLICY GOVERNS BOTTLECAPPS’ USE OF YOUR PERSONAL INFORMATION COLLECTED BY THE APP. BY ACCESSING OR USING THE APP, YOU REPRESENT, WARRANT, AND COVENANT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS PRIVACY POLICY. YOUR USE OF THE APP AND ANY PERSONAL INFORMATION YOU PROVIDE THROUGH THE APP ARE SUBJECT AT ALL TIME TO THE PRIVACY POLICY AND THE TERMS OF USE. BY USING THE APP, YOU ARE ACCEPTING THE PRIVACY POLICY AND THE TERMS OF USE.

I. Eligibility. THE APP IS NOT INTENDED FOR CHILDREN. YOU MUST BE AT LEAST TWENTY-ONE (21) YEARS OF AGE TO USE THE APP. In accordance with the Terms of Use, by accessing the App, you agree that: (a) you are at least twenty-one (21) years of age; (b) you have the authority and capacity to enter into the Terms of Use and this Privacy Policy; and (c) such access is for your sole and personal use. When using the App, you agree to comply with all applicable laws of your home territory and the territory in which you are physically present from which you access the App, you thereby represent and warrant that you are not a competitor of BottleCapps, are not accessing or using the App on behalf of a competitor of BottleCapps, and will not use the App in a competitive atmosphere with BottleCapps.

II. Terms of Use. Access to and use of the App is governed by BottleCapps’ Terms of Use. This Privacy Policy incorporates by reference the Terms of Use and is incorporated by and subject to the Terms of Use in accordance with the Terms of Use.

III. Information Collection and Use. BottleCapps respects your privacy and is committed to protecting the personally-identifiable information we collect from you as you access and use the App. When you access or use the App, the App will automatically collect certain information, such as your IP address and GPS location. By accessing or using the App you are also agreeing to allow the App to directly call phone numbers, take pictures and videos, access your location via GPS, read the contents of your SD card, and modify or delete the contents of your SD card. When you use the App, you represent and warrant that you understand that BottleCapps and your Retailer will have access to the User Information that you Share with the App, and that BottleCapps, your Retailer, and other Users will have access to certain portions of Your Content that you Share via the App and may use and store such Content. By Sharing Your Content and your User Information via the App, you represent and warrant that you understand that BottleCapps may Share such Content with your Retailer, other Users, and any third party BottleCapps deems necessary or as required by applicable law or by proper legal, governmental, or regulatory authority. The User Information that you voluntarily provide via the App may be used by BottleCapps and your Retailer for administrative purposes; for demographic analysis; for authentication purposes; to properly operate, maintain, and provide you with the features and functionality of the App and the System; to customize and personalize features for you and otherwise enrich your experience when using the App and the System; to enable our affiliates to assist us in operating, maintaining, and providing products and services to you; to enable us to carry out our obligations arising from any contracts and subscriptions you entered into with BottleCapps or your Retailer; to notify you about changes to the Agreement, the App, the System, BottleCapps, or your Retailer; to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of the App, the System, or any BottleCapps IP; to investigate allegations of fraud or violations of the Agreement; to enforce or apply our rights under the Agreement or any cause of action at law or in equity; or to protect the rights, property, or safety of any of our Users, your Retailer, our affiliates, or other parties; to improve the quality and design of the App and our services; and to create new features, promotions, functionality, and services by storing, tracking, and analyzing your preferences and trends. Additionally, the Content that you share may be used by BottleCapps to determine your product and service preferences and tailor marketing of similar products and services to you and for demographic analysis.

IV. Security of Information. BottleCapps maintains our systems in accordance with commercially reasonable industry standards to preserve the integrity and security of your User Information and Your Content. BottleCapps is constantly seeking to improve the App, the Console, and the System and how the App, the Console, and the System Shares your User Information and Your Content. We cannot, however, ensure or warrant the security of any such information you Share via the App and you do so at your own risk. Once we receive your User Information and Your Content, we make commercially reasonable efforts to ensure the security of our systems. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. “Perfect security” does not exist on the Internet, and your use of the App is at your own risk.

Do Not Track (DNT) Compliance. Do Not Track (DNT) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, you acknowledge that your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. At this time, the BottleCapps site does not recognize automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions. However, you acknowledge that you can change your privacy preferences regarding the use of cookies and similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. You therefore also accept and understand that blocking all cookies will affect your online experience and may prevent you from enjoying the full features offered at www.bottlecapps.com. Please consult the ‘Help’ section of your browser for more information.

V. Children. PROTECTING THE PRIVACY OF YOUNG CHILDREN IS ESPECIALLY IMPORTANT. THE APP IS NOT DIRECTED TO PERSONS UNDER TWENTY-ONE YEARS OF AGE. IN ACCORDANCE WITH THE RELEVANT LAW BOTTLECAPPS DOES NOT KNOWINGLY COLLECT OR MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION FROM PERSONS UNDER THIRTEEN (13) YEARS OF AGE. IF BOTTLECAPPS LEARNS THAT PERSONALLY IDENTIFIABLE INFORMATION OF PERSONS LESS THAN THIRTEEN (13) YEARS OF AGE HAS BEEN COLLECTED ON OR THROUGH THE APP, THEN BOTTLECAPPS WILL TAKE THE APPROPRIATE STEPS TO DELETE THIS INFORMATION. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THIRTEEN (13) YEARS OF AGE WHO HAS PROVIDED US WITH PERSONALLY IDENTIFIABLE INFORMATION, THEN PLEASE CONTACT US AT INFO@BOTTLECAPPS.COM TO HAVE THAT INFORMATION DELETED IMMEDIATELY.

VI. Linked Sites. The App may include Linked Sites. Linked Sites are provided for your convenience and information only. BottleCapps does not control the availability and content of Linked Sites. Access to and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk. These Linked Sites may collect your personally identifiable information and BottleCapps has no control over this collection of personally identifiable information by Linked Sites. Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.

VII. Events Outside of Ordinary Business Practices. IN CONNECTION WITH AN EVENT OUTSIDE OF BOTTLECAPPS’ ORDINARY BUSINESS PRACTICES, INCLUDING BUT NOT LIMITED TO A SALE, MERGER, CONSOLIDATION, CHANGE IN CONTROL, TRANSFER OF SUBSTANTIAL ASSETS, REORGANIZATION, OR LIQUIDATION, BOTTLECAPPS RESERVES THE RIGHT TO TRANSFER, SELL, OR ASSIGN THE INFORMATION THAT BOTTLECAPPS HAS COLLECTED. BOTTLECAPPS ALSO RESERVES THE RIGHT TO DISCLOSE ANY PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY THE APP OR ANY OTHER BOTTLECAPPS IP IN THE GOOD-FAITH BELIEF THAT IT IS REQUIRED TO DO SO PURSUANT TO JUDICIAL OR OTHER GOVERNMENTAL SUBPOENAS, WARRANTS, OR ORDERS, OR TO DISCLOSE SUCH DATA TO A GOVERNMENTAL INSTITUTION THAT HAS ASSERTED ITS LAWFUL AUTHORITY TO OBTAIN THE INFORMATION. BOTTLECAPPS ALSO RESERVES THE RIGHT TO DISCLOSE ANY PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY THE APP OR ANY OTHER BOTTLECAPPS IP THAT BOTTLECAPPS BELIEVES, IN GOOD FAITH, IS APPROPRIATE OR NECESSARY: TO TAKE PRECAUTIONS AGAINST LIABILITY; TO PROTECT BOTTLECAPPS FROM FRAUDULENT, ABUSIVE, OR UNLAWFUL USES; TO INVESTIGATE AND DEFEND BOTTLECAPPS, BOTTLECAPPS IP, OR BOTTLECAPPS’ AFFILATES, OFFICERS, MANAGERS, MEMBERS, AGENTS, JOINT VENTURERS, EMPLOYEES, CONTRACTORS, RETAILERS, AND SUPPLIERS AGAINST THIRDPARTY CLAIMS OR ALLEGATIONS; TO ASSIST GOVERNMENT ENFORCEMENT AGENCIES; TO PROTECT THE SECURITY OR INTEGRITY OF THE APP, THE SYSTEM, OR ANY OTHER BOTTLECAPPS IP; OR TO PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF BOTTLECAPPS OR BOTTLECAPPS’ AFFILATES, OFFICERS, MANAGERS, MEMBERS, AGENTS, JOINT VENTURERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, RETAILERS, OR OTHER THIRD PARTIES.

VIII. NON-U.S. USERS. FOR USERS FROM THE EUROPEAN ECONOMIC AREA OR OTHER NONU. S. TERRITORIES, PLEASE NOTE THAT ANY CONTENT YOU VOLUNTARILY SHARE WILL BE TRANSFERRED OUTSIDE THE EUROPEAN ECONOMIC AREA OR SUCH OTHER NON-U.S. TERRITORY FOR USE BY US FOR ANY OF THE PURPOSES DESCRIBED HEREIN.

IX. Change of this Privacy Policy. By using the App, you are accepting this Privacy Policy and the Terms of Use. BottleCapps reserves the right, in BottleCapps’ sole discretion, to modify, alter, or otherwise update this Privacy Policy at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing this Privacy Policy. Your continued access of or use of the App constitutes your agreement to all such modifications.

X. Hierarchy of Documents. For the purposes of the Privacy Policy, in the event of a direct conflict between the provisions of this Privacy Policy and the Terms of Use, the Terms of Use and then this Privacy Policy in that order of priority will control.

XI. Construction. The heading references herein are for convenience purposes only, do not constitute a part of this Privacy Policy, and will not be deemed to limit or affect any of the provisions hereof. Any capitalized term in this Privacy Policy shall have the meaning herein defined. Any capitalized term not herein defined, shall have the meaning given to such term in the Terms of Use. Any capitalized term not defined in any of the afore mentioned documents shall be given it by context in the common technical parlance of the Texas technology community. Any hyperlinked term in this Privacy Policy shall refer to the hyperlink. Any term in this Privacy Policy written wholly in small capitalized letter shall be deemed a legal citation to relevant statutory law or a name of a third party entity. Additionally, throughout this Privacy Policy when context requires, capitalized terms, singular nouns, and pronouns include the plural and possessive.

XII. Notices. All notices, requests, demands, consents, permissions, and other communications hereunder shall be in writing by email: a) to BottleCapps at info@bottlecapps.com; b) to you via the App or at the email address or phone number listed in Your Profile and shall be deemed received when transmitted and confirmation of delivery or receipt is received.

XIII. Contact Information. Any comments, complaints, or requests for further information can be directed to info@bottlecapps.com.