PRIVACY POLICY

Big Storm Brewing’s Privacy Policy

 

Effective Date: July 15, 2021

 

This Privacy Policy describes the types of information that we collect on our website and how we use that information.

By visiting the Big Storm Brewing Co. website, you are accepting the practices described in this Privacy Policy. This Privacy Policy governs the URL https://www.bigstormbrewery.com/ (“the Site”), certain electronic communications sent out by Big Storm Brewing, and information you provide in any manner to Big Storm Brewing.

 

The Site is owned and operated by Big Storm Brewing or its affiliates. If you choose to visit the Site, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages and application of the law of the state of Florida. This Privacy Policy and the Terms of Use may change at any time and for any reason. The use of information that we gather now is subject to the Privacy Policy in effect at the time of use unless you are otherwise notified. You should check the Site frequently to see recent changes.

 

Our Commitment to Privacy

 

Big Storm Brewing is committed to your right to privacy and to keeping your personal information private. You can visit the Site without telling us who you are. However, because the Site includes areas in which visitors can provide personally identifying information, we have developed this Privacy Policy to inform you of our policies and practices regarding information we collect about you. The information we learn from customers helps us personalize and continually improve your experience at the Site.

 

Information You Voluntarily Provide

 

On some pages of this site, you can purchase products from us. Personal information may be collected on these pages, including your name, billing and/or mailing address, email address, phone number, and payment information (including credit card number).

On certain pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In these circumstances, the personal information collected about other people may include their names, mailing addresses, email addresses, and phone numbers.

 

Automatic Information

 

Big Storm Brewing also collects certain other information that cannot identify you personally when you visit the Site. This information is collected using log files and includes your IP address and your domain name. Big Storm Brewing logs these IP addresses as well as other information (e.g., date, time, click path, etc.) and aggregates them for system administration and to monitor the use of the Site.

 

We use the aggregated information to measure the number of visits to the Site, the average time spent on the Site, the number of pages viewed, geographic location, and various other Site statistics. This monitoring helps us to provide a more useful and engaging online experience to visitors to the Site and helps us to improve the quality of our content.

 

We use cookies and other tracking beacons in order to manage user accounts, to track actions, and for re-marketing purposes. Cookies and tracking beacons are not used for any other reason on the Site. A cookie is a small file that is sent out by a website, accepted by the user’s browser, and placed on the user’s hard drive. It is a common practice, and you can always set your browser to warn of cookies being placed, and then choose which cookies you want to accept. However, please note that you may not be able to use certain parts of the Site if you decide not to accept cookies. A cookie cannot read data off your hard disk or read cookie files created by other sites. The Site uses cookies to track user traffic patterns when you click on various links and promotions throughout the Site.

 

Information From Other Sources

 

For reasons such as improving personalization of our service (for example, providing better product recommendations or special offers that we think will interest you), we might receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.

 

Ways Information About You Is Used

 

Your information will be used or disclosed in connection with any order you contemplate. When you place an order with us, we obtain certain information from you including, but not limited to, your name, billing and/or mailing address, email address, and phone number.

 

We may employ other companies and individuals to perform functions on our behalf, including but not limited to fulfilling orders, delivering packages, sending postal mail and email, analyzing data, and providing customer service. These companies and individuals have access to personal information needed to perform their function, but they may not use it for other purposes.

 

You can register with the Site if you would like to receive electronic communications (emails) from Big Storm Brewing. Information you submit on the Site will not be used for this purpose unless you fill out the registration form. Every recipient of our electronic communications can quickly and easily “opt out” of future such communications by following the instructions on any email we send.

 

We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order as described above and as otherwise required or provided by law.

 

As we continue to develop our business, we might sell or buy assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that either Big Storm Brewing or substantially all of its assets are acquired, customer information will be one of the transferred assets.

 

From time to time, we release account and other personal information when we believe it is appropriate to comply with the law or valid legal process (such as a search warrant, subpoena, or court order); enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Big Storm Brewing, our users, or others. This includes exchanging information with other companies and organizations for fraud protection.

 

Security

 

Big Storm Brewing uses generally accepted, industry-standard security systems, software, and encryption technologies to protect against unauthorized access to the Site servers, equipment, and other components of our online presence. Big Storm Brewing also takes security measures to protect any information passed between the Site and your computer during ordering sessions; however, the Site cannot guarantee that any electronic commerce is totally secure. Big Storm Brewing will take measures to secure and protect all customer-specific information from loss, misuse, and alteration. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

 

We also have in place privacy protection control contractual obligations with our vendors designed to ensure that personal data is protected from unauthorized access or disclosure. All employees of Big Storm Brewing must abide by its Privacy Policy. Only authorized employees are permitted to have access to personally identifiable data about website visitors, and that access is limited to what is reasonably needed to perform an employee’s responsibilities, such as providing updates or notices or customer service.

 

Your Rights Pursuant to California Consumer Protection Act

 

If you are a resident of California, you have the following rights:

 

  1. You may request what type of data Big Storm Brewing has collected about you and may have disclosed to third parties; and
  2. You may request to have your personal information, as defined under the CCPA, deleted.

 

For requests related to the rights enumerated above, please contact Big Storm Brewing by submitting an inquiry on the Contact Us page of the Site.

 

Your Rights Pursuant to the General Data Protection Regulation

 

If you are a resident of the European Union, you have the following rights:

 

  1. The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
  2. The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
  3. The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
  4. The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
  5. The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
  6. The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

 

If you make one of the foregoing requests, we have one month to respond to you. If you would like to exercise any of these rights, please contact us by submitting an inquiry on the Contact Us page of the Site.

 

Minors

 

We never collect information from anyone we know to be under 21, and no part of the Site is designed to attract or market to anyone under 21.

 

Other Sites

 

From time to time, the Site may link to other websites not affiliated with Big Storm Brewing. Big Storm Brewing is not responsible for the content or policies of these third-party websites. Please check with these third parties for their specific privacy policies. If you find inoperable links or are concerned about any of the sites that the Site currently links to, please inform Big Storm Brewing by submitting an inquiry on the Contact Us page of the Site.

 

Contacting Big Storm Brewing

 

If you would like to contact Big Storm Brewing about correcting information we might have collected, or if you have any questions about this Privacy Policy, please contact us by submitting an inquiry on the Contact Uspage of the Site. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access to your information or making corrections.

TERMS OF USE

Big Storm Brewing’s Terms of Use

 

Effective Date: July 15, 2021

 

Legal Notices

 

Big Storm Brewing Co. provides its website, https://www.bigstormbrewery.com/ (“the Site”), as a public service to its customers and users.

 

Please carefully review the following basic rules that govern your use of the Site. Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not agree to them, do not use the Site, provide or download any information, content, or materials to or from the Site.

 

Big Storm Brewing reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as they have been changed. For this reason, Big Storm Brewing encourages you to review these Terms of Use whenever you use the Site.

 

These Terms of Use of Use apply to the use of the Site and do not extend to any linked third-party sites. These Terms of Use and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement between you and Big Storm Brewing with respect to the Site and supersede any and all oral or written agreements or understandings between the parties, as to their subject matter. Any rights not expressly granted herein are reserved.

 

Prohibited Uses

 

You may not use the Site to violate any applicable local, state, national, or international law, including, but not limited to, any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.

 

You may not upload or transmit any information, content, or material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the Site any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

 

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Site’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Site.

 

You are strictly prohibited from communicating on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

 

User Submissions

 

Big Storm Brewing does not want to receive confidential or proprietary information from you through the Site. Any information, content, material, or other communication you post or transmit (“Contributions”) to the Site will be considered non-confidential.

 

All Contributions to this site are licensed by you to anyone who wishes to use them, including Big Storm Brewing.

 

User Discussion Lists and Forums

 

Big Storm Brewing may, but is not obligated to, monitor or review any information, content, or material posted or transmitted to the Site, including, but not limited to, product reviews and responses thereto. Big Storm Brewing, however, will have no liability related to any such information, content, or material posted or transmitted, whether or not arising under the laws of copyright, libel, privacy, obscenity, tort, or otherwise. Big Storm Brewing may edit or remove any information, content, or material on the Site at its discretion at any time.

 

Use of Personally Identifiable Information

 

Information submitted to the Site is governed according to Big Storm Brewing’s current Privacy Policy.

 

You agree to provide true, accurate, current, and complete information when registering for an account through the Site. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or Big Storm Brewing has reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, Big Storm Brewing reserves the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Site by you.

 

Although sections of the Site may be viewed simply by visiting the Site, in order to access some content and/or additional features offered at the Site, you may need to sign on as a guest or register an account. If you create an account on the Site, you may be asked to supply your name, address, a User ID, and password. You are responsible for maintaining the confidentiality of the User ID, password, and account and are fully responsible for all activities that occur in connection with your User ID, password, and account. You agree to immediately notify Big Storm Brewing of any unauthorized use of either your User ID, password, or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Site using your User ID or account.

 

You grant Big Storm Brewing and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site and in the provision of services to you. Big Storm Brewing cannot and does not assume any responsibility or liability for any information you submit, or for your or third parties’ use or misuse of information transmitted or received using the Site. To learn more about how we protect the privacy of the personal information in your account, please visit Big Storm Brewing’s Privacy Policy.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Big Storm Brewing, its affiliates, agents, vendors, and suppliers, from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Site, including, but not limited to, your violation of these Terms of Use, the infringement by you, or any other user of your account, of any intellectual property right or any other right of any person or entity.

 

Termination

 

These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease use of the Site. If you are dissatisfied with the Site, its content, or any of these terms, conditions, or policies, your sole legal remedy is to discontinue using the Site. Big Storm Brewing reserves the right to terminate or suspend your access to and use of the Site, or parts of the Site, without notice, if Big Storm Brewing believes, in its sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to Big Storm Brewing’s interests or the interests, including intellectual property or other rights, of any other person or entity; or (iii) where Big Storm Brewing has reason to believe that you are in violation of these Terms of Use.

 

WARRANTY DISCLAIMER

 

THE SITE AND ASSOCIATED PRODUCTS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIG STORM BREWING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BIG STORM BREWING MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BIG STORM BREWING MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE. BIG STORM BREWING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE.

 

IN NO EVENT SHALL BIG STORM BREWING OR ANY OF ITS AFFILIATES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR MISUSE OF, OR INABILITY TO USE, THE SITE, EVEN IF BIG STORM BREWING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. BIG STORM BREWING SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, REFERENCED IN, OR APPEARING ON THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH BIG STORM BREWING, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL BIG STORM BREWING OR ANY OF ITS AFFILIATES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF, OR INABILITY TO USE, THE SITE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE, OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF BIG STORM BREWING HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

BIG STORM BREWING’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR ANY PRODUCT(S) PURCHASED THROUGH THE SITE OVER THE PREVIOUS SIX MONTHS, OR $100.00, WHICHEVER IS GREATER. YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN, AND THAT BIG STORM BREWING WOULD NOT PROVIDE THE SITE ABSENT SUCH LIMITATION.

 

General

 

The Site is hosted in the United States. Big Storm Brewing makes no claims that the Content on the Site is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.

 

You may give notice to Big Storm Brewing only in writing at Big Storm Brewing’s principal place of business, attention Big Storm Brewing’s principal legal officer, or at such other address or by such other method as Big Storm Brewing shall specify in writing. Big Storm Brewing may give notice to you at your mailing address or email address.

 

If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision.

 

Section headings are for reference purposes only and do not define, limit, construe, or describe the scope or extent of such section.

 

The failure of Big Storm Brewing to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Big Storm Brewing’s rights with respect to such breach or any subsequent breaches.

 

Any action or proceeding arising out of or related to these Terms of Use or your use of the Site must be brought in the state court in Pinellas, Florida or in the Federal Court located in Hillsborough, Florida, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

 

Links to Other Materials

 

The Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. Big Storm Brewing does not control such sites and, therefore, Big Storm Brewing is not responsible for any content posted on these sites. The fact that Big Storm Brewing offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content, or the companies or products referenced therein, and Big Storm Brewing reserves the right to note its lack of affiliation, sponsorship, or endorsement on the Site. If you decide to access any of the third-party sites linked to by the Site, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Big Storm Brewing cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against Big Storm Brewing with respect to such sites.

 

Notification of Possible Copyright Infringement

 

In the event you believe that material or content published on the Site may infringe on your copyright or that of another, please contact Big Storm Brewing’ designated agent in writing at:

 

Big Storm Brewing Co.
Copyright Manager
12707 49th Street North, Suite 500
Clearwater, FL 33762-4604

 

In your notification, please include:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
  • Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
  • A statement that the information in your notification is accurate.
  • If the notification is submitted by someone on your behalf, the notification must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.