Privacy Policy

As an important reminder, The Butterfly Cannon Tequila is not a licensed beverage alcohol and is not involved with the sale or delivery of alcohol products. All alcohol orders are processed and fulfilled by licensed third-party retailers on the Bottle Nexus network. The checkout functionality is provided solely for the convenience of our consumers.

For order inquiries, please contact the retailer’s customer service directly. You’ll find their contact information in your Order Confirmation email.

Below is the Privacy Policy as it relates to the brand The Butterfly Cannon:

Website Privacy Policy
Last modified: April 10, 2023

Introduction

This policy (“Privacy Policy”) describes the types of information Biggar & Leith, LLC (the “Company”, “we”, “us” or “our”) may collect from you (“you” or “your”) or that you may provide when you visit our website https://shop-us.firelli.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.  Other websites that are owned or operated by us may collect other information from you and for other purposes.  Please review the privacy policy for those sites, as they vary from this Website. Please note that we do not share information collected from one brand’s website to another brand’s website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.

If you do not agree with our policies and practices, your choice is not to use our Website.

By accessing or using our Website, you agree to this Privacy Policy and Website Terms of Use, incorporated herein by reference.

This Privacy Policy may change from time to time (see Changes to Our Privacy Policy below).

Your continued use of our Website after we make changes to the Privacy Policy (as indicated by the “Last Modified” date at the top of this page) is deemed to be acceptance of those changes, so please check the Privacy Policy when using this Website for updates.

Children Under the Age of 21

Our Website is not intended for anyone under 21 years of age (the “Minimum Age”).  Our Website and the services, content, information and programs provided or made available on and/or through our Website may not be accessed or used by any individuals who are not at least the Minimum Age.  No one under the Minimum Age may provide any information to our Website.  We do not knowingly collect personal information from anyone under the Minimum Age.  If you are under the Minimum Age, you are strictly prohibited from the following:

1.  using or providing any information on our Website;
2.  registering for an account with our Website;
3.  making any purchases through our Website; and/or
4.  providing any information about yourself to us, including but not limited to your

• name,
• address,
• telephone number,
• email address, or
• any username you may use.

 If you are under the Minimum Age, your parent and/or your legal guardian has the right to ask about the information we have collected about you.  We will ask that person making the request to verify that they are in fact your parent or legal guardian before we provide them your information.  We will also collect the contact information for the person requesting this information so we can respond to the request.

If we learn we have collected or received personal information from a person under the Minimum Age without verification of parental consent, we will delete such personal information.  If you believe we might have any information from or about anyone under the Minimum Age, please contact us through the contact information below.  

For more information about children’s online privacy, please visit (for Children in the U.S.), the Federal Trade Commission’s Resource Page:  https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

United States Operations

We are based in the United States, and the information we collect is governed by U.S. law.  By accessing or using our Website, or otherwise providing information to use, you consent to the collection, processing, transfer and storage of information about you in the United States and other applicable territories.  We do not share information collected in one country with our operations in other countries.  If you are outside the United States, and wish to purchase our products, please visit our based website hosted in the United Kingdom, available at [https://www.spiritswithcharacter.com/the-team].  Please use the contact information below if you have a question or concern about the policies or manner in which we treat your personal information.

Information We Collect About You

This Privacy Policy applies to information we collect:

•  on our Website;
•  in email and other electronic messages between you and us;
•  when you purchase products through our Website;
•  when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy;
•  when you interact with our social media pages and/or accounts (which use is also subject to the privacy policies of the service provider upon which such page or account is hosted);
•  when you register for an account; and
•  when you sign up for one of our newsletters or mailing lists.

 This Privacy Policy does not apply to information collected by:

•  the Company offline or through any other means, including on any other website operated by Company or any third party; or
•  any third party, including through any application or content (including advertising), that may link to or be accessible from or on our Website. We encourage you to seek out and read the privacy policy of any linked site that you visit to understand how such site will manage your data.

 We collect several categories of information from and about users of our Website (“Personally Identifiable Information”).  By way of example but not limitation, this includes information such as

•  name;
•  postal address;
•  email address;
•  telephone phone number;
•  billing address and limited payment card information (collectively, “Payment Information”) (see Payment Information Collection, Processing, and Storage below); and/or
•  any other identifier by which you may be contacted online or offline.

We may also collect information about you but individually does not identify you (“Non-Identifiable Information”).  By way of example but not limitation, this includes information such as

•  internet connection;
•  the equipment you use to access our Website;
•  usage details;
•  device information and settings;
•  unique device identifiers;
•  operating system information;
•  application IDs; and/or
•  crash data.

 How We Collect Information About You

We may collect both Personally Identifiable Information and/or Non-Identifiable Information on or through our Website about you. By way of example but not limitation, this includes information we collect

• directly when you provide it to us (see Information You Provide to Us below);
• through your use of our Website and links you interact with;
• from third parties (for example, our business partners or if someone purchases you a gift from our Website)
• [when you interact with our social media pages and/or accounts (which use is also subject to the privacy policies of the service provider upon which such page or account is hosted)];
• [when you register for an account]; and/or
• automatically as you navigate through our Website (see Information We Collect Through Automatic Data Collection Technologies below).

 Information You Provide to Us

We collect Personally Identifiable Information and/or Non-Identifiable Information that you provide us. By way of example but not limitation, this includes

• information that you provide by filling in forms on our Website, including, but not limited to, information provided at the time of
  • registering for account with our Website,
  • signing up for one of our newsletters or mailing lists,
  • entering a giveaway or promotion sponsored by us, and/or
  • reporting a problem with our Website;
• records and copies of your correspondence (including email addresses) if you contact us;
•  information provided through email, text message, and postal mailing list sign ups;
•  your responses to surveys that we might ask you to complete for research purposes; and/or
•  your search queries on our Website.

 You also may provide information to be published or displayed (hereinafter “posted”) on the Company’s social media accounts, including, without limitation, via its

 The proper access and use of information provided on or through our Website, including User-Generated Content, is governed by our Website Terms of Use.

Payment Information Collection, Processing, and Storage

We currently use Shopify Inc. (“Shopify”), an e-commerce platform for online stores and retail point-of-sale systems, to collect and process payments for purchases through our Website.

We do not store any payment card information entered through our Website, but we may receive information associated with your Payment Information (e.g., billing details).  In connection with this service that Shopify provides to us, Shopify may collect and store your Payment Information and other personal information, in accordance with Shopify’s Terms of Service (https://www.shopify.com/legal/terms) and Shopify’s Privacy Policy   (https://www.shopify.com/legal/privacy). We kindly encourage you to review Shopify’s Privacy Policy to learn about Shopify’s information collection and usage prior to making a purchase through our Website.

If you use a service provider to disperse funds (for example, ApplePay or PayPal) when making a purchase through our Website, the service provider’s use of your information is subject to the privacy policy and terms published by the respective service provider.  We kindly encourage you to review the terms of use and privacy policies of your particular service provider.   

Note that if you register for an account with our Website, we nevertheless do not store your payment information.  For more information, please visit our Website Terms of Use.

Sweepstakes, Surveys, Contests and Promotions

From time to time, we may request information from users via sweepstakes, surveys, contests and other promotions. Participation in these sweepstakes, surveys, contests or promotions is completely voluntary and you have a choice whether or not to disclose the requested information.

If you choose to participate, we may ask you for additional information, which may include contact information and/or demographic information to provide better services and options to you. We use the information you provide to administer our sweepstakes, surveys, contests and other promotions, in addition to the purposes set forth herein.

If the information you provide pursuant to a sweepstake, survey, contest or promotion will be used in a manner different from that described in this Privacy Policy, such use will be detailed in the instructions for such sweepstakes, survey, contest or promotion and you will be asked to first consent to such use.

If you choose not to consent, we will not use your information other than for that particular sweepstakes, survey, contest or promotion.

Gifts

Please note that if you are purchasing a gift for someone, and you give us that person’s information for shipping, we are relying on you to make sure you have the right (and consent, if needed) to provide to us the recipient’s information.  We do not add your gift recipient to our database for any purpose unless you expressly direct us to do so.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns. By way of example but not limitation, this includes:

• details of your visits to our Website, including
  • traffic data,
  • location data,
  • logs, and
  • other communication data and the resources that you access and use on our Website; and/or

• information about your computer and internet connection, including
  • your IP address,
  • operating system, and
  • browser type.

Some web browsers may transmit “do not track” signals to the websites and other online services with which the browser communicates. There is no standard that governs what, if anything, websites and online services should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard for responding is established, we may revisit our policy on responding to these signals.

The information we collect automatically may Personally Identifiable Information and/or Non-Identifiable Information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• estimate our audience size and usage patterns;
•  store information about your preferences, allowing us to customize our Website according to your individual interests;
•  speed up your searches; and/or
•  recognize you when you return to our Website.

 By way of example but not limitation, the technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 For information about how you can opt out of receiving targeted advertising from many providers, please see Choices About How We Use and Disclose Your Information below.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website are served by third-parties, including application providers, including, without limitation the following:

• Google Analytics (https://policies.google.com/technologies/partner-sites)
• Facebook Pixel (https://pixel.facebook.com/about/privacy/)
• Klaviyo (https://www.klaviyo.com/privacy/policy)
• Shopify (https://www.shopify.com/legal/privacy)
• TikTok Pixel (https://www.tiktok.com/legal/privacy-policy-us?lang=en)

These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your Personally Identifiable Information or your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

For information about how you can opt out of receiving targeted advertising from many providers, please see Choices About How We Use and Disclose Your Information below.

How We Use Your Information

We use information that we collect about you or that you provide to us, including Personally Identifiable Information and/or Non-Identifiable Information. By way of example but not limitation, we use information for the following purposes:

• to fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use such information to respond to your inquiry. If you provide such information to purchase a product or service, we will use such information to process your payment and facilitate delivery. We may also save such information to facilitate new product orders or process returns;
• to provide, support, personalize, and develop our Website, products, and services;
• to create, maintain, customize, and secure your account with us;
• to process your requests, purchases, transactions, and payments and prevent transactional fraud;
• to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
• to personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, and via email or text message (with your consent, where required by law);
• to help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business;
• for testing, research, analysis, and product development, including to develop and improve our Website, products, and services;
• to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
• to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information about our Website users is among the assets transferred;
• in any other way we may describe when you provide the information; and/or
• for any other purpose with your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, you may opt-out by emailing your request to [hello@butterflycannontequila.com]. For more information, please see Choices About How We Use and Disclose Your Information below.

We may use the information we have collected from you to enable us to display advertisements. Even though we do not disclose your information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personally Identifiable Information and/or Non-Identifiable Information that we collect or that you provide as described in this Privacy Policy, by way of example but not limitation:

• to our subsidiaries and affiliates;
• to contractors, service providers, and other third parties we use to support our business, which case such parties’ respective privacy policies govern their use of your Personally Identifiable Information and/or Non-Identifiable Information;
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred (a “Business Transfer”);
• to fulfill the purpose for which you provide it;
• for any other purpose disclosed by us when you provide the information; and/or
• with your consent.

We may also disclose your information:                                                                                  

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Website Terms of Use and other agreements you may enter into with us pursuant to your use and interaction with our Website; and/or
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

We do not currently rent or sell your information to any third parties; however, your information may be sold in the event of a Business Transfer, as discussed above.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personally Identifiable Information you provide to us. We have created mechanisms to provide you with the following control over your information

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Usage Data. We use (or may use) tools in collaboration with third parties to collect information about use of our Website. By way of example but not limitation, Google Analytics™ collects information such as how often users visit our Website, what pages they visit when they do so, and what other sites they used prior to coming to our Website For more information, please visit google.com/privacypolicy.html and www.google.com/analytics/tos.html.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personally Identifiable Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by emailing your request to [hello@butterflycannontequila.com].
• Promotional Offers from the Company. If you do not wish to have your email address or contact information used by the Company to promote our own or third parties' products or services, you can opt-out by emailing your request to [hello@butterflycannontequila.com]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, product service experience or other transactions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by emailing your request to [hello@butterflycannontequila.com]. For this opt-out to function, you must have your browser set to accept all browser cookies.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Data Access, Correction, Retention and Destruction

We strive to provide you with choices and control regarding your Personally Identifiable Information. You have the right to access and change your Personally Identifiable Information. We will retain Personally Identifiable Information for as long as necessary to accomplish our purposes for such data.

We will, upon receiving your request, make reasonable efforts to correct, delete, and/or block your Personally Identifiable Information from further use to the extent that it remains in our possession. Please contact us at the address provided at the bottom of this Privacy Policy to find out how.

However, in certain circumstances, we may not be able to delete your information except by also deleting your user account. At the time your information is deleted, we will destroy your Personally Identifiable Information using reasonable data-destruction practices.

Further, we may not accommodate a request to access, correct, or delete information if

•  we believe such action would violate any law or legal requirement;
•  cause the information to be incorrect;
•  such action would be unreasonably burdensome or expensive under the circumstances;
•  such action would violate the rights of someone other than the individual requesting access; and/or
•  if we need to retain such information to establish, exercise or defend against legal claims.

Data Security

We have implemented reasonable measures designed with the intent to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, the transmission of information via the internet is not completely secure. Although we endeavor to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. Do not use the same password that you may use for other accounts or websites—either for personal or business use. Do not share your password with anyone. We urge you to be careful about giving out information in public areas of our Website, such as message boards. The information you share in public areas may be viewed by any user of our Website.  If your password is compromised, please notify us immediately at the address provided at the bottom of this Privacy Policy.

[Accessibility

We are committed to ensuring that our communications are accessible to people with disabilities.  To make accessibility-related requests or report barriers, please contact us using one of the methods below.]

Changes to Our Privacy Policy

We may revise this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will post the revised policy here. The date this Privacy Policy was last revised is identified at the top of the page.

If changes are significant and materially affect your rights under this Privacy Policy, we may provide a more prominent notice on our Website.

In certain cases, we may also provide email notification of the revised Privacy Policy.

However, as we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Please note that our rights to use any information collected will be based on our Website Terms of Use and Privacy Policy in effect at the time the information is used.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Biggar & Leith, LLC
33 Plymouth Street
STE. 201
Montclair, NJ 07043
hello@biggarandleith.com