Terms and Conditions
TERMS OF USE OF WWW.ORIGINALPATTERNBEER.COM PLEASE READ THE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE.
1. DEFINITIONS A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our,” or “Original Pattern” refer to Original Pattern, Inc., a California corporation. “Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display. “Original Pattern Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than Original Pattern or its users, such as data providers who license data to Original Pattern for use on the Site.
2. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.originalpatternbeer.com (collectively, the “Site”) or any service connected with the Site (the “Services”), you agree to abide by these Terms of Use, as they may be amended by Original Pattern from time to time in its sole discretion. Original Pattern will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site. YOU AGREE THAT BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
3. PRIVACY POLICY. Original Pattern respects your privacy and permits you to control the treatment of your personal information. A complete statement of Original Pattern’s current privacy policy can be found below, immediately following these Terms and Conditions. Original Pattern’s privacy policy is expressly incorporated into this Agreement by this reference.
When you are required to open an account to purchase goods or products via the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Original Pattern immediately on any unauthorized use of your account, user name, or password. Original Pattern shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Original Pattern, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. USER CONTENT. You grant Original Pattern a license to use the materials you post to the Site. Any and all User Content posted to the Site may first be reviewed and approved by Original Pattern, which reserves the right, in its sole discretion, to modify, edit, or refuse to post any and all User Content. By posting, displaying, or otherwise transmitting User Content to the Site, you are granting Original Pattern , its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Original Pattern , its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Original Pattern may publish or otherwise disclose your name, if given, in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
6. INTELLECTUAL PROPERTY OWNERSHIP. All Original Pattern Content included on the Site, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Original Pattern and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of Original Pattern and protected by U.S. and international copyright laws. All software used on this site is the property of Original Pattern or its software suppliers and protected by United States and international intellectual property laws. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Original Pattern or our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Original Pattern name or trademarks without the express written consent of Original Pattern. You may not use any direct linking or source-calling of any media presented on this website.
7. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Original Pattern has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. Original Pattern’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Original Pattern to delete, edit, or disable the material in question, you must provide Original Pattern with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Original Pattern to locate the material; (d) information reasonably sufficient to permit Original Pattern to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Original Pattern at info@originalpatternbeer.com.
8. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Original Pattern reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Original Pattern intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
9. PROHIBITED USES. Original Pattern imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Original Pattern in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
10. ALLEGED VIOLATIONS. Original Pattern reserves the right to terminate your use of the Site, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site for any reason. To ensure that Original Pattern provides a high quality experience for you and for other Users of the Site, you agree that Original Pattern or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Site. Original Pattern does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Original Pattern reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Original Pattern believes that you have violated any of the Terms of Use, furnished Original Pattern with false or misleading information, or interfered with use of the Site by other Users. Original Pattern assumes no responsibility for monitoring the Site for prohibited Content or conduct. If at any time Original Pattern chooses, in its sole discretion, to monitor the Site, Original Pattern assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct. If you become aware of misuse of the Site or Services or of any prohibited Content or conduct, please report it to Original Pattern at info@originalpatternbeer.com.
11. RETURN POLICY. We want you to be completely satisfied with your purchase of Original Pattern merchandise on www.originalpatternbeer.com. We will gladly replace, exchange, or return any damaged, defective or unused item, provided the following conditions are met: (a) The product has not performed within reasonable expectations. An exchange or refund will not be given for products that have been used or products that have been damaged as the result of customer misuse or neglect. (b) Please enclose the sales receipt and return information. (c) We are not able to return or exchange any food or personal care items unless they are damaged or defective upon receipt.
12. NO WARRANTIES. ORIGINAL PATTERN HEREBY DISCLAIMS ALL WARRANTIES. ORIGINAL PATTERN IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORIGINAL PATTERN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ORIGINAL PATTERN DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITED LIABILITY. ORIGINAL PATTERN’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORIGINAL PATTERN BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ORIGINAL PATTERN. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
14. AFFILIATED SITES. Original Pattern has no control over, and no liability for any third party websites or materials. Original Pattern works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Original Pattern nor the Site has control over the content and performance of these partner and affiliate sites, Original Pattern makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Original Pattern assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Original Pattern makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
15. INDEMNITY. You agree to indemnify Original Pattern for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Original Pattern , its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Original Pattern will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
16. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Alameda, California, USA in all disputes arising out of or related to the use of the Site.
17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. NO LICENSE. Nothing contained in these Terms of Use or on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Original Pattern or by any third party.
19. MODIFICATIONS. Original Pattern may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Original Pattern shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
20. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. Original Pattern also reserves the right to terminate your use of the Site for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.
21. COPYRIGHT. All contents of Site or Service are: Copyright © 2018-2024 Original Pattern. All rights reserved.
22. LIMITATIONS ON EXCLUSIONS FROM LIABILITY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO ANY SUCH EXCLUSIONS CONTAINED HEREIN MAY NOT APPLY TO YOU. By way of example, and not of exhaustive list of jurisdictions, any such exclusions of liability contained herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, we shall not be liable for any damages resulting from the use of this Site or Services unless such damages are the result of our negligent or reckless acts or omissions or as damages may otherwise be allowed pursuant to New Jersey law.
23. ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Privacy Notice
1. INTRODUCTION
Original Pattern, Inc. (” us,” “we,” “our,” or “Original Pattern”) is committed to respecting the privacy rights of our customers, visitors, and other users. This Privacy Notice (“Privacy Notice”) describes how we collect, use, disclose, and protect your information, as well as what rights you have with regard to the information we maintain about you, when you:
Use our websites (www.originalpatternbeer.com) and any other website that we operate and that link to this Privacy Notice (collectively referred to as our “Sites”);
Communicate with us electronically, such as via email;
Interact with us offline, including in person at our taprooms, over the phone, or at an event (all three bullet points together, referred to as our “Services”); and
Apply for a job with us.
Please read this Privacy Notice carefully before using our Sites and Services. If you have any questions or complaints about this Privacy Notice or our information practices, please contact us using the information in the Contact Us below.
Original Pattern, Inc. is the data controller of the Personal Information collected under this Privacy Notice. Contact information for Original Pattern, Inc. can be found in the Contact Us section below.
If you are a California resident, and a current or former employee or contractor, please be sure to consult our separate privacy policy, available by contacting us using the information in the Contact Us section below or located on our intranet site.
2. NOTICE CONCERNING UNDERAGE USERS.
Because Original Pattern is an alcoholic beverage company that is based in the United States, you must be at least twenty-one (21) years of age to access, use, or make purchases from our Sites. We do not direct any content at, or knowingly collect Personal Information from or about, persons less than 21 years of age. If we learn or have reason to suspect that a user of our Sites is under age 21, we will promptly delete the Personal Information that we collected. If you believe a child under 21 has provided us with Personal Information, please contact us using the information in the Contact Us section below.
3. HOW WE COLLECT YOUR PERSONAL INFORMATION.
In order for you to receive certain Services and interact with our Sites, we may require you to provide us with Personal Information. “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. We may collect the following categories or Personal Information from you in the following ways:
(3.1) PERSONAL INFORMATION COLLECTED DIRECTLY FROM YOU. When you make purchases from our Services, send us messages online, sign up for our newsletters, communicate with us through e-mail, phone, or in person, participate in our insight groups and fill out our surveys, participate in our text-to-win programs, attend our tours and events, or visit our Taprooms, we may collect the following categories of Personal Information from you:
Identifiers , such as your name, mailing address, billing address, phone number, e-mail address, and account user name (if you create an account with us). We may also ask you to provide your photograph and/or government-issued identification card, but only for identity or age verification purposes. We may provide this information to service providers and contractors, regulatory authorities, or to other third parties as required by law ;
Information Subject to Protection Under California Law, such as the Identifiers above, your signature, and we or our service providers may collect your bank account number, credit card number, or debit card number. We use this information to provide you with our services, maintain your account, and to otherwise communicate with you. We may provide this information to service providers, regulators or to other third parties as required by law;
Commercial Information, such as a record of products purchase or considered, or other information related to purchasing or consumer histories. We use this information to better understand our product offerings and for our internal business purposes. We may provide this information to service providers and contractors, regulatory authorities, or to other third parties as required by law.
Non-Precise Geolocation Data, which we may derive from your IP address. We use this to provide you with information relevant to your location. We may provide this information to service providers, contractors, regulatory authorities or to other third parties as required by law.
Communication Data, such as the content of your communications when you complete surveys and online forms, provide us feedback, or otherwise email us with a comment or complaint. We may provide this information to service providers and contractors, regulatory authorities, or to other third parties as required by law.;
Audio, Electronic or Visual Information, such as images of you that may be captured through our security cameras in our Taprooms, or photographs or videos taken of you when you interact with us at our events. If you participate in a focus or marketing research group for our products, we may also obtain a recording of your image and/or voice from the third-party organizer in order to analyze your comments and reactions and improve our products. We may provide this information to service providers and contractors, regulatory authorities, or to other third parties as required by law;
Sensitive Personal Information, such as your driver’s license or government issued identification number, account log-in information, and if you are a job applicant, we may also collect information about your racial or ethnic origin. We do not use or disclose your sensitive personal information for any purpose other than as permitted by applicable law. We do not sell or share your sensitive personal information as those terms are used in the California Consumer Privacy Act. We may provide this information to service providers and contractors, or to other third parties as required by law.
Professional Information, including information relating to your role as a representative or agent of a company or business, such as your work title and contact information. We use this to conduct business with you or your employer and provide you with services and otherwise communicate with you. We may provide this information to service providers and contractors or with other third parties as required by law.
If you are a job applicant, we may collect additional personal information including:
Education data, including your education history and background and professional qualifications.
Inferences drawn from any of the information we collect in order to create a profile about you. Examples of inferences would be your intelligence, abilities, aptitudes, behavior, and attitudes.
(3.2) PERSONAL INFORMATION COLLECTED AUTOMATICALLY WHEN YOU USE OUR SITES. When you visit the Sites, we automatically track and collect your user data through cookies and other data tracking technologies. You can learn more about our use of cookies and data tracking technologies in the Cookies and Other Data Collection Technology section below. Some of this data is considered Personal Information under certain privacy laws. When you visit our Sites, we may collect the following Internet or other electronic network activity information from you:
Identifiers, such as your IP address, and unique identifiers generated by cookies.
Internet and other Electronic Activity Information, such as your domain servers, device types, browser types, search terms, operating systems, browsing history and other information about your use of the Sites. We cannot identify you by this information alone, but it is helpful for understanding our audience generally and improving your experience on the Sites. We may provide this information to service providers and contractors, regulatory authorities, or to other third parties as required by law
4. HOW WE USE YOUR PERSONAL INFORMATION.
We will use your information as described below or at the time we collect it.
(4.1) ACCESS AND VERIFICATION. You must be at least 21 years of age to access our Services. In order to comply with our legal obligations, we ask for your year and/or full date of birth in order to verify that you are old enough to access our Sites. We may also request that you provide us with your government-issued identification card and/or photograph to verify your age when you make purchases from us or to verify your identity. Our legal basis for processing this Personal Information is pursuant to our legal obligations.
(4.2) REGISTRATION. If you wish to create an account with us, we collect your identifiers and contact information in order to create the account for you. In addition, when you sign up for our tours or events, we collect your identifiers and contact information to register you for these activities. Our legal basis for processing this Personal Information is pursuant to our legitimate interests.
(4.3) ADMINISTRATIVE COMMUNICATIONS. We use your communication data, identifiers and contact information to respond to your feedback, complaints, questions, and other communications you send to us. We may also contact you to send you important administrative announcements, such as updates to this Privacy Notice and other legal documents and notices about your account, our company, or our Services. If you participate in our text-to-win program, we may send you communications with our legal basis for processing this Personal Information is pursuant to our legitimate interests.
(4.4) MARKETING COMMUNICATIONS. With your consent, we may use your identifiers and contact information to send you marketing and other promotional information about our company or our products or Services. You may opt out of marketing communications at any time by clicking on the “unsubscribe” link in any marketing email or by emailing us at info@originalpatternbeer.com. Our legal basis for processing this Personal Information is pursuant to our legitimate interests or, where required by law, your consent.
(4.5) COMPLETION OF PURCHASE ORDERS. We use your financial information to bill you for items and products, and we use your identifiers and contact information to provide purchase order confirmation and other communications related to your transaction. Our legal basis for processing this Personal Information is pursuant to our contract with you. We use a third party payment processor to process your payment card information on our behalf. Original Pattern does not maintain or store your payment card information.
(4.6) PERFORM ANALYTICS AND IMPROVE USER EXPERIENCE. We may use Personal Information to improve your experience by, for example, curating content and showing you advertisements tailored to your interests. We may also use such information to perform analytics of our Sites. Our legal basis for processing this Personal Information is pursuant to our legitimate interests.
(4.7) IMPROVE OUR PRODUCTS. When you provide us feedback about our products, or participate in insight or research groups related to our products, we collect your Personal Information in order to analyze and understand your opinions of our products. Our analysis of this information allows us to create and improve our products. From time to time, we may use your Identifiers and Contact Information to send you thank-you gifts for your participation in such activities. Our legal basis for processing this Personal Information is pursuant to our legitimate interests in improving our products.
(4.8) EMPLOYMENT APPLICATIONS. If you apply for employment through our website, we will use the Personal Information contained in your application to evaluate your potential employment with us. Our legal basis for processing this Personal Information is pursuant to our legitimate interests and/or our potential contract/employment relationship with you. We also use human-assisted, automated decision-making technology to assist us in determining your eligibility to work and enter into an employment arrangement with us – in particular, to determine whether you are at least 21 years of age and, for certain positions, whether you have a valid driver’s license.
(4.9) ENFORCEMENT. We may use your Personal Information to investigate, enforce, and apply our Terms of Use and Privacy Policy or to otherwise comply with legal obligations that we may have. Our legal basis for processing this Personal Information is pursuant to our legitimate interests or legal obligations.
5. PUBLIC FORUMS.
We may make available, and you may participate in, public forums, including chat rooms, message boards, product review boards, news groups, and our social media pages. If you post in these public forums, the information (including any Personal Information) you post will be publicly available to us and other users of our Sites. We have no control over how other users of our Sites may use or share your information. We recommend that you exercise caution when participating in public forums and posting information to those public forums.
6. WHEN WE DISCLOSE YOUR PERSONAL INFORMATION.
We disclose your Personal Information with your consent, at your direction, or in the following circumstances:
(6.1) SERVICE PROVIDERS. We may disclose your Personal Information to third parties that assist us in operating our Services and our business by providing services related to hosting, data management, billing, fulfillment, marketing, and other operational services. We take steps to ensure that our service providers protect the Personal Information we share with them and require that they not further share, sell, disclose, or otherwise use the Personal Information we share with them for any purpose other than providing services to us.
(6.2) BUSINESS PARTNERS. When you direct or otherwise give us permission to do so, we may disclose your Personal Information to our corporate affiliates for business purposes. Please be aware that you may have the option of providing your Personal Information directly to our business partners and that these business partners may use your Personal Information in ways that are different than Original Pattern. We are not responsible for how our business partners handle the information you provide to them and we encourage you to review the privacy policies of our business partners before submitting your Personal Information directly to them.
(6.3) CORPORATE TRANSACTION: If Original Pattern is acquired by or merged with or into another entity, or if all or substantially all of our assets are transferred to another entity, all categories of your Personal Information may be transferred to such entity as part of the transaction..
(6.4) LEGAL OBLIGATIONS. We may disclose your Personal Information to third parties when it is reasonably necessary to: (a) comply with a court order or other legal process; (b) protect our rights, safety or property of Original Pattern or our users; or (c) enforce our Terms of Use.
7. COOKIES AND OTHER DATA COLLECTION TECHNOLOGY.
A “Cookie” is a small text file that is sent to or accessed from your web browser or your computer’s hard drive. A Cookie typically contains the name of the domain (internet location) from which the Cookie originated, the “lifetime” of the Cookie (when it expires), and a randomly generated unique number or other similar identifier. A Cookie may also contain information about your computer, such as user settings, browsing history and activities conducted while using our online services.
A “Web Beacon” (also called a “pixel tag” or “clear GIF”) is a piece of computer code that enables us to monitor user activity and website traffic.
We refer to Cookies, Web Beacons (also known as pixel tags and clear GIFs) and other similar technology as “Data Collection Technology”. To learn more about Cookies and Web Beacons, visit www.allaboutcookies.org.
Data Collection Technology helps us improve your experience on our online services. For example, we use Google Analytics, a web-based analytics tool that tracks and reports on the manner in which the website is used to help us to improve it. Google Analytics does this by placing Cookies on your device. The information that the Cookies collect, such as the number of visitors to the website, the pages visited and the length of time spent on the website, is aggregated. We also may use Data Collection Technology to collect information from the computer or device that you use to access our online services, such as your operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone in which your computer or device is located.
We generally use the following types of Data Collection Technologies, which may change from time to time: (i) Session Cookies, which expire once you close your browser; and (ii) Persistent Cookies, which stay on your computer until you delete them.
(7.1) YOUR CONTROL OF COOKIES: Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject Cookies or alert you when a Cookies is placed on your device. You may also be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through our online services.
(7.2) OUR POLICY ON DO NOT TRACK AND GLOBAL PRIVACY CONTROL SIGNALS: Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. We follow the DNT and Global Privacy Control signals we receive from your browsers.
8. INTEREST-BASED ADVERTISING.
We may use third-party service providers to serve advertisements on our behalf across the Internet. These advertising service providers may collect (through the use of Data Collection Technologies) information about your visits to and interactions with our Sites. We do not allow our advertising service providers to use the Personal Information we make available to them for any other purpose than to provide us advertising and analytics services. If you would like more information about this practice, please visit the Network Advertising Initiative (“NAI”) Frequently Asked Questions. To manage your advertising preferences, you can use the NAI Consumer Opt Out mechanism. Note that if you opt out of interest-based advertising, you may still see advertisements – they will just not be tailored to your interests.
9. SECURITY AND RETENTION OF PERSONAL INFORMATION.
We use organizational and technical safeguards to protect your information from unauthorized access, disclosure, use, or loss. For example, your Personal Information is stored on secure servers, and we provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser. We also limit access to your Personal Information to those employees and contractors who need access to perform their job function. If you have any questions about the security on the Sites, please contact us at info@originalpatternbeer.com
Although we take appropriate measures to safeguard your Personal Information, we cannot guarantee security. We recommend that you take reasonable measures to protect the Personal Information you submit through the Sites, such as keeping confidential your account username and password.
We will maintain your Personal Information for as long as you have an account or as is necessary to fulfill the purpose for which it was collected at the time of collection. We may also maintain some of your Personal Information as is necessary to: (a) comply with a legal or regulatory requirement; (b) protect our rights or property; (c) enforce our Terms of Use; or (d) carry out other legitimate business purposes. After we have satisfied the purpose for which your Personal Information was collected, we will either delete or anonymize it.
10. USER RIGHTS AND CHOICES.
If you would like to access or modify the Personal Information we maintain about you, please contact us at info@originalpatternbeer.com.
If you are located in the European Economic Area (“EEA”), you have the following additional rights with respect to your Personal Information:
(10.1) RIGHT TO ACCESS AND RECEIVE. You may request a copy of or access to the Personal Information we hold about you. You may also request that we transfer your Personal Information to a third party in a machine-readable format.
(10.2) RIGHT TO CORRECT. You may ask us to update or correct inaccurate or incomplete Personal Information we hold about you.
(10.3) RIGHT TO LIMIT OR RESTRICT. You may have the right to request that we stop using all or some of your Personal Information or to limit our use of it. You also have the right to withdraw your consent to those Personal Information processing activities for which you have given us your consent.
(10.4) RIGHT TO ERASE. You may have the right to request that we delete all or some of your Personal Information.
(10.5) RIGHT TO WITHDRAW CONSENT. You have the right to withdraw any consent you have previously given to Original Pattern at any time. Your withdrawal of consent does not affect the lawfulness of our collecting, using, and sharing of your Personal Information prior to the withdrawal of your consent. Even if you withdraw your consent, we have the right to use your Personal Information if it has been fully anonymized and cannot be used to personally identify you.
(10.6) RIGHT TO COMPLAIN. You have the right to lodge a complaint with your Supervisory Authority if you are unhappy with how we process your Personal Information. You can find contact information for you Supervisory Authority on the European Commission Data Protection Authorities webpage or through other publicly available sources.
(10.7) AUTOMATED DECISION-MAKING. You have the right to express your point of view or contest any decision made as a result of automated decision-making technology, including any decision made about your employment application per Section 4.7 above. You also have the right to ask that we manually review these aspects of your employment application. If we are required by applicable laws to provide you with an option to opt-out of such automated decision-making, we provide you with that option.
(10.8) EXERCISING YOUR RIGHTS. You may contact us at info@originalpatternbeer.com to assert any of the above rights. We will respond as soon as possible.
11. NOTICE FOR OUR CALIFORNIA CONSUMERS
(11.1) CALIFORNIA CONSUMER PRIVACY ACT.
If you are a California resident, there are certain rights available to you under the California Consumer Privacy Act (“CCPA”).
Request to Know And Access. You have the right to request to know and to obtain a copy of: (i) the specific pieces of Personal Information we have collected about you; (ii) the categories of Personal Information we have collected about you in the last 12 months; (iii) the categories of sources from which that Personal Information was collected; (iv) the categories of your Personal Information that we sold or disclosed in the last 12 months; (v) the categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months; and (vi) the purpose for collecting and selling your Personal Information. You may exercise your right to request to know twice a year, free of charge.
Please note, in response to a request to know, we are prohibited from disclosing your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password or security questions and answers.
Request to Delete. You have the right to request that we delete the Personal Information that we have collected from you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request to delete, we will let you know the reason why.
Right to Correct Inaccurate Personal Information You have the right to request that we correct inaccurate personal information that we maintain about you.
Right to Opt out of the sale or Sharing of your Personal Information. We have not sold consumers’ personal information in the preceding 12 months for any monetary value. However, our use of certain website cookies may be considered a “sale” of information under California law. In the past twelve months, we may have disclosed your internet activity or geolocation with third parties whose cookies are on our websites. These cookies are used to analyze usage of our website, provide you with relevant advertising and products, and provide additional, dynamic functionality to our websites. You can opt-out of the use of these cookies by using the “Do Not Sell My Personal Information” link in the footer of the web page. We also recognize opt-out preference signals contained in HTTP header fields. We do not “share” information with third parties for cross-contextual marketing purposes.
Right to Non-Discrimination. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, please know that you may be unable to use or access certain features of our Websites or services.
To exercise any of these rights, please contact us at [insert toll free number] or complete our online form available at: /contact/. You can choose “Privacy Request” from the drop-down menu and let us know what request you would like to make.
We will take steps to verify your identity before processing your request to know or request to delete. We will not be able to fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you have an account with us, we will use our existing account authentication practices to verify your identity. If you do not have an account with us, we may request additional information about you so that we can verify your identity. We will only use the Personal Information you provide to verify your identity and to process your request, unless you initially provided the information for another purpose.
You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
Financial Incentives
From time to time, we may offer financial incentives in exchange for your sharing certain personal information with us. The specific instructions for how to participate and the rewards offered as incentives may vary and are set out within each program. Our good faith estimate of the value of your information is the value of the benefit we offer to you. We have calculated that value by using the expense to us of operating the program related to the benefit obtained by our running of the program. To participate in any incentive-based programs you can opt-in by signing up for the incentive when it is offered to you. Participation in our promotional programs is always optional, and you can terminate program participation at any time as explained in the applicable program terms. You can also contact us using the Contact Us information below to unsubscribe or cancel your participation in any program.
12. NOTE TO INTERNATIONAL USERS.
Original Pattern is headquartered in the United States, where the laws may not be as protective as the laws in your country. Please be advised that any Personal Information that you provide to us or that we gather through our Services will be transferred to the United States. By using our Services and providing your Personal Information to us, you acknowledge that your Personal Information will be transferred to and processed in the United States.
13. THIRD PARTY LINKS.
The Sites contain links to third party websites. We do not control and are not responsible for the privacy practices or the content of such third party websites. We suggest you read the privacy policies on all such third-party websites. This Privacy Notice is only applicable to our Services, and not to any other websites or services that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Notice.
14. CONTACT US.
If you have a question or concern regarding this Privacy Notice, you may contact us at info@originalpatternbreer.com or write or call us at the following address:
Privacy Notice Compliance
Original Pattern
292 4th St
Oakland, CA 94607
510-844-4833
In your correspondence, please describe your question, concern, or complaint in as much detail as possible. We will investigate and respond to you promptly.
15. UPDATES AND CHANGES TO PRIVACY NOTICE.
We may need to modify this Privacy Notice as the law or our data practices changes. If we make material changes, we will notify you of such changes by any reasonable means (e.g., notice on the Sites, email to the email address we have on file, etc.) prior to them becoming effective. Your continued use of our Services after receiving such notice means that you acknowledge and accept the revised Privacy Notice.