Privacy Policy

Personal Information Collected. The personal information we collect, and how we use it, depends largely on how you interact with us, whether by using our Platform, purchasing tickets, merchandise, products, goods or services, or visiting our locations. We collect the following types of personal information:

• Identifiers, including, for example, contact information, your name, email address, phone number, city, state, and zip code, social media handle, social security number, identity document (for example, a photo of your driver's license), and signature.
• Payment Information, including, for example, your payment card information, purchase history, product details, transaction details (including information related to order fulfillment), payment preferences, and billing address.
• Social Media Profile Information, including, for example, username, handle, profile picture, interests, preferences, and engagement metrics.
• Professional or employment-related data, including, for example, if you inquire about advertising with us, company name, email address, and phone number, and if you are a business partner attending one of our events, certain travel itinerary information. If you apply for a position with or work for us, this includes information such as government-issued identifiers and employment background and criminal check information (for example, reported credit history and criminal convictions).
• Characteristics of Protected Classifications, including, for example, demographic information, date of birth, age, gender, education, special needs information, household income, occupation, home ownership, marital status, military or veteran status, or number of children.
• Commercial Information, including, for example, marketing data, such as your viewing habits, preferences, content interactions, and demographic details, and your engagement with our communications, such as support requests, inquires, feedback, and order information. We and our service providers may record our chats or calls for quality control, training, and legal purposes. This also covers loyalty account details, reservation history, product reviews and contest entries.
• Internet or electronic network activity information, including, for example, the websites you visit before our Platform, pages viewed, time spent, navigation paths, and browser/device details (e.g., type, settings, OS, network info). We also gather information such as IP addresses, crash reports, system activity, and general location.
• Offline Activity Information, including, for example, biometric information (for example, facial geometry) or audio, electronic, visual, or similar information (for example, audio and thermal scans that record or depict your likeness, voice, or other sensory information), promotional photos and videos taken of you while on our premises, security camera footage used for security and asset protection, and recorded customer service calls. This data may be collected when you visit one of our tasting rooms, hospitality centers, offices, facilities or other locations.
• Geolocation Data, including, for example, your location when using any guidance features in any apps on our Platform.
• Customer Records, including, for example, passport number, driver's license or state identification card number, insurance policy number, education, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
• Inferences, such as inferences drawn from the personal information identified above to create a profile reflecting your preferences, characteristics, behavior.
• Education information, if you apply for a position with or work for us, including educational history.

To the extent that any of the personal information we collect is defined as sensitive under applicable law, such as biometric data or citizenship or citizenship status, we only use the sensitive personal information for the purposes explicitly described in this Policy and in accordance with applicable law. We will obtain your consent before processing sensitive information. We do not collect or use sensitive personal information for the purpose of inferring characteristics about individuals. Note that due to technological limitations, if you visit our Platform from a different computer or device, or clear cookies on your browser that store your preferences, you will need to return to this screen to select your preferences and/or rebroadcast the Global Privacy Control signal.

Our collection of personal information has not changed during the last 12 months.

We obtain personal information from a variety of sources, including the following sources:

• Personal Information You Provide. We collect personal information you submit voluntarily, such as when making a purchase, booking reservations, purchasing event tickets, joining our wine club, registering for an account, posting content, or interacting with our services online or at physical locations. This may also include personal information provided via your device's camera or microphone as part of your customer service interactions with us or participation in our promotions, contests or surveys.
• Personal Information Automatically Collected. We, along with our service providers and partners, may automatically collect data about your device and activity, including online and location-based interactions, purchases, and use of our services. This includes device details, browsing activity, and interactions with our ads or communications, often through cookies and similar technologies, some of which are listed here:
• Cookies, which are text files that websites store on a visitor's device to uniquely identify the visitor's browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
• Flash cookies, or locally-stored objects, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data.
• Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
• Local storage, which is used to save data on a visitor's device. We may use data from local storage to, for example, turn on web navigation, store multimedia preferences, customize what we show you based on your past interactions with our Platform, and remember your preferences.
• Session replay technologies, which are third-party software used to record a video replay of users' interactions with the website. The video replay may include users' clicks, mouse movements, scrolls, mobile app touches, typing, and other activity taken during the session. We may use these replays for research and development purposes, such as to help us troubleshoot problems with the website, understand how users interact with and use the site, and identify areas for improvement.
• Cameras, which may be installed in any of our locations, including tasting rooms, and are used for purposes of operational effectiveness, security, asset protection or photos and videos captured for use in media content such as documentary films and promotional ads.
• Wi-Fi and Bluetooth beacons, which allow us to gather precise geolocation information from your device using technologies deployed in our locations and communicate with you, send you rewards, or show you products that may interest you based on your preferences or other data we have collected about you.
• Personal Information Obtained from Third Parties. In some circumstances, we may collect personal information about you from third party or publicly available sources, such as our service providers, advertising partners, data analytics partners, operating systems and platforms, social media platforms, publicly available sources, data licensors or providers, or the Leagues and other members of the Leagues. We may merge or combine such personal information with the personal information we collect from you directly or automatically.
• Referrals. Users of our Platform may have the opportunity to refer to us colleagues, friends, or other contacts and share their contact information and other personal information. Please do not provide us with someone's personal information unless you have their permission to do so.

Our primary purpose in collecting personal information is to provide the content and services and to operate our business. We also use personal information for the purposes set forth below and as otherwise described in this Privacy Policy or at the time of collection. The categories of personal information we collect, the processing purposes, with whom we disclose personal information, and whether personal information is sold or used for targeted advertising are outlined in a table. Click here to view the table showing these categories as required by applicable law, including, but not limited to, the laws of California and Colorado.

We may use personal information to offer and deliver goods and services to you, including online or in-person at out locations. For example, we may use personal information to process payments for goods or services or fulfill and ship orders for purchases of goods and provide receipts of purchases for your records online or in-person.

We may use personal information to facilitate event or activity management. For example, we may use personal information to manage bookings, entry, and related activity at our locations.

We may use personal information to operate our Platform. For example, we use personal information to:

• improve and personalize your experience on or with the Platform; and
• verify your identity for authentication and security purposes, or determine your eligibility for offers and promotions.

We may use personal information to provide maintenance or support for our goods and services, including online (for example, for our Platform) and at our locations.

We may use personal information to respond to inquiries or resolve issues, including those related to purchases, bookings, the Platform or event participation, as well as assist with refunds, exchanges, lost-and-found services, or other matters.

We use personal information for research and development purposes, including to study, maintain, and improve our goods and services, as well as offer better goods and build better and develop new services, including in relation to the features and functionality of our Platform, understand and analyze the purchase, engagement, participation, usage, or other trends and preferences of our customers and users, and develop and improve our goods and services, both online and at our locations. We may also collect personal information, such as your name, email, and signature, in response to a petition. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous or de-identified data by removing information that makes the data personally identifiable to you or your device, whether directly or indirectly. We will maintain and use any de-identified data without attempting to reidentify the data. We may use this anonymous or de-identified data and share it with third parties for our lawful business purposes.

We may send you KSE-related or other direct marketing communications as permitted by law, including materials, updates, information, special offers, and promotional material from us and our business partners. You may opt-out of our marketing communications as described in the "YOUR RIGHTS AND CHOICES YOU CAN MAKE" section below. If applicable law requires consent prior to sending you marketing communications, we will not send you direct marketing without your prior consent.

We may use photos and videos taken of you on our premises, such as in our stadiums, to create documentaries, films or other promotional media on KSE-owned or operated websites or through third-party platforms, including streaming services and social media websites.

We may use personal information to enroll and manage loyalty and membership programs and track and notify you of information related to such programs.

We partner with advertising partners and other third parties that collect information (including the online activity information and device information described above in the section called "Personal Information Automatically Collected") across various channels, including offline and online, to help us advertise our Platform and for purposes of displaying advertisements on the Platform or elsewhere online and delivering more relevant advertising to you. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Platform or your activity elsewhere online. Our partners may use your information to recognize you across different channels and platforms, including but not limited to, computers and mobile devices, over time for advertising (including addressable TV), analytics, attribution, and reporting purposes. For example, our partners may deliver an ad to you in your web browser based on a purchase you made in a physical retail store, or they may send a personalized marketing email to you based on the fact that you visited a particular website. To learn more about your choices in connection with advertisements, please see "Advertising Choices" within the "YOUR CHOICES" section below.

We will use personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

We may also transfer or assign personal information as a result of, or in connection with, a sale, merger, consolidation, change in control, transfer of assets, bankruptcy, reorganization, or liquidation. If we are involved in defending a legal claim, we may disclose personal information that is relevant to the claim to third parties as a result of, or in connection with, the associated legal proceedings.

We may use personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of the Platform and our business, databases, and other technology assets; (b) protect our, your, or others' rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Platform; and (e) prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft. We sometimes use facial recognition technology where permitted by law to identify individuals whose presence at our properties could impact the safety of people at the property, including, for example, individuals who have previously been notified that they are banned from the property. We do not collect or use any facial scans or facial recognition data provided by any third parties.

We will disclose your personal information in accordance with your prior direction or, in some cases, we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law.

In addition to the specific situations discussed elsewhere in this Privacy Policy or at the point of collection, we may share your personal information with the following entities or persons:

We may share your personal information with third parties who perform services on our behalf that are necessary for the orderly operation of our business. For example, we work with service providers and vendors that help us process payments and provide billing services, facilitate event management, ticketing, and reservations, deliver goods or services you purchase from us, perform website hosting, maintenance services, database management, analytics, fraud protection, marketing, finances, and other purposes.

We may share personal information with persons, companies, or professional firms providing us with advice and consulting in accounting, administrative, legal, tax, financial, debt collection, and other matters.

We may share your personal information with our partners and sponsors for co-branded services, selling or delivering our goods or services, or engaging in joint marketing or promotional activities, to send you information about goods and services, including events, you may like. We may also share usage information, such as information collected at our locations and about our Platform, including searches and viewing information with authorized TV providers and our partners and sponsors for online advertisement purposes, including for the purposes described in the "To Display Advertisements" section above. These types of sharing could be considered a "sale" or "share" under California law, which you can opt out of by visiting the following website to address your privacy choices available pursuant to applicable law.

You may be able to submit content to the Platform (such as comments, questions, stories, reviews, surveys, blogs, photos, and videos), or may choose to sign one of our petitions, and we may identify you by displaying information such as your name or social media handle along with the content you submit. We do not control how other users or third parties use any personal information that you make available to other users or the public.

We may share your personal information with the Leagues in which we are members and other members of the Leagues.

If you have been filmed for any productions, we may share your personal information with third-parties involved in our video productions, including co-producers, commissioners, broadcasters, or distributers.

We may share your personal information with ticketing platforms and box offices.

Under certain circumstances, we may be required to disclose personal information to law enforcement, government authorities, and other parties if required to do so by law or in response to valid requests by public authorities (for example, a court or a government agency).

We may disclose personal information in the good faith belief that such action is necessary to comply with a legal obligation or for the purposes described above in the section titled "For Compliance, Fraud Prevention, and Safety."

We may disclose personal information to third parties in connection with any business transaction (or potential transaction) involving a merger, acquisition, sale of shares or assets, financing, consolidation, reorganization, divestiture, or dissolution of all or a portion of our business (including in connection with a bankruptcy or similar proceedings).

We will retain your personal information for as long as necessary to fulfill the purpose of collection, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish and defend legal claims, for fraud prevention purposes, or as long as required to meet our legal obligations. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, any applicable ongoing legal claims, and the applicable contractual obligations or legal requirements. We do not retain information specific to us beyond any limits imposed by law.

We have implemented reasonable security features designed to protect personal information. While we try our best to safeguard personal information once we receive it, please understand that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. When we engage service providers or vendors to process personal information, we take steps to ensure that they do so securely, in accordance with our instructions and under appropriate contract terms that we have in place with them.

Our Platform is not directed to people who are under 18 years old. We do not knowingly collect personal information from individuals under 18 years of age. Individuals under the age of 18 should not attempt to provide us with any personal information. If you think we have received personal information from individuals under the age of 18, please contact us immediately. We do not knowingly "sell" or "share" the personal information of individuals under 18 years of age.

We may provide links to other websites and apps not operated or owned by us. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these third-party websites and apps. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We have no control over, and are not responsible for, the actions and privacy policies of third parties and other websites and apps. We encourage you to read the privacy policies of the other websites and online services you use.

You have the following rights regarding your personal information:

• The Right to Know/Access. You can request the following information about how we have collected and used your personal information:
  • the categories of personal information we collected;
  • the categories of sources from which we collected personal information;
  • the business or commercial purpose for collecting, selling, or sharing (as applicable) that personal information;
  • the categories of third parties with whom we disclose personal information; and
  • a copy of the personal information that we collected about you in a portable, readily usable and machine-readable format.
• The Right to Correct/Rectify. You can request that we correct inaccurate personal information that we maintain about you.
• The Right to Delete/Erase. You can request that we delete the personal information we collected from you.
• Right to Opt-Out of Targeted Advertising. You have the right to opt-out of "targeted advertising" under applicable state law.
• The Right to Opt-Out of Sales/Sharing. If we "sell" or "share" your personal information, you can opt-out. While we do not "sell" your personal information to third parties in exchange for money, we may "sell" your personal information, as described by the CCPA, for other valuable consideration. We also "share" your personal information, as described by the CCPA, for purposes of cross context behavioral advertising.
• Right to Opt-Out of Profiling. You may request to opt-out of profiling in furtherance of a decision that produces a legal or similarly legal
• The Right to Data Portability. You have the right to obtain your personal data in a portable, and to the extent technically feasible, readily useable format, which you can use to transmit your data to another entity.
• Right to Limit Processing of Sensitive Personal Information. You have the right to ask that we limit how we process your sensitive personal information, subject to exceptions
• The Right to Withdraw Consent. Where we process your personal information based on consent (including direct marketing consents), you have the right to withdraw consent at any time. In case of a withdrawal we may continue to use your personal information as permitted or required by law.
• Right to Restrict Processing. In some situations, you may have the right to request that we do not use the personal information you have provided (for example, if you believe it to be inaccurate).
• Right to Opt-out of Automated Decision Making. You may request to opt-out of automated decision making, including profiling, or to learn more about algorithmic logic involved and to know about the likely outcome in our decision-making processes.
• The Right to Nondiscrimination. You are entitled to exercise the rights described above without receiving discriminatory treatment.
• The Right to Appeal. You may appeal our decision to your request regarding your personal information. To do so, please contact us in any of the ways list below. We respond to all appeal requests as soon as we reasonably can, and no later than legally required. Click here to review our appeals process.

If you direct us not to sell/share your personal information, we will consider it a request pursuant to California's "Shine the Light" law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes. We will also honor opt-out preferences transmitted through Universal Opt-Out Mechanisms (UOOMs) as a valid means to opt-out of targeted advertising. We reserve the right to confirm your identity to process your requests. This is a security measure to, for example, help ensure we do not disclose information to a person who is not entitled to receive it.

You may designate an authorized agent to make a request on your behalf. If you do so, we may require proof of your identification, the authorized agent's proof of identification, and any other information that we may request in order to verify the request, including evidence of valid permission for the authorized agent to act on your behalf. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.

We try to respond to all legitimate requests within 30 days of your request. Occasionally it may take us longer than 30 days to respond, for instance if your request is particularly complex or you have made a number of requests. In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.

We note, however, that these rights, and rights listed elsewhere in this Privacy Policy, may not be absolute, and in some cases, we may not be able to respond to your request, such as when a legal exemption applies or if we are not able to verify your identity.

In order to exercise your rights and make a request, please visit this link.

If you provide us with your email address in order to receive communications, you can opt-out of marketing emails at any time by following the instructions at the bottom of our emails. Please note that certain emails may be necessary for the operation of our Platform, such as to deliver notifications directly to you through the Platform. You will continue to receive these emails, even if you unsubscribe from our marketing communications.

Most browsers let you remove or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser's settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Platform and our website may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org [allaboutcookies.org].

The website may use Google Analytics to help us analyze how the website is being accessed and used. You can learn more about Google Analytics cookies by clicking here [policies.google.com] and about how Google protects your data by clicking here [support.google.com]. To opt-out of Google Analytics, you can download and install the Google Analytics Opt-out Browser Add-on, available here [tools.google.com].

If you wish to minimize the amount of interest-based advertising you receive (as described in the "To Display Advertisements"), you may block third-party cookies in your browser settings, use browser plug-ins/extensions, and use your mobile device settings to limit the use of the advertising ID associated with your mobile device. You can also opt out of interest-based ads from companies participating in the following industry opt-out programs by visiting the linked websites: the Network Advertising Initiative (https://thenai.org/glossary/opt-out-mechanism/ [thenai.org]) and the Digital Advertising Alliance (https://optout.aboutads.info [optout.aboutads.info]). Some users may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here [youradchoices.com], and selecting the user's choices. Some of the companies we work with may offer their own opt-out mechanisms. For example, you can learn more about how Google uses cookies for advertising purposes by clicking here and opt-out of ad personalization by Google by clicking here. [adssettings.google.com]

Many of the opt-out preferences described in this section must be set on each device or browser for which you want them to apply. Please note that some of the advertising companies we work with may not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive interest-based advertisements from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online, but they may be less relevant to you.

Some browsers may be configured to send "Do Not Track" signals to the online services that you visit. The website currently does not respond to "Do Not Track" signals. To find out more about "Do Not Track," please visit www.allaboutdnt.com [allaboutdnt.com].

If you disagree with a decision we have made with respect to your personal information or a privacy right request you have submitted, you can appeal the decision by following this appeals process, which provides us with an opportunity to reevaluate the decision you are appealing.

We encourage you first to discuss relevant issues with our Privacy Team who may resolve the issue so that you do not have to formally initiate the appeals process. Our Privacy Team will consider your perspective and seek to address your concerns in accordance with our company policies and applicable law. To contact our Privacy Team, please email privacy@teamkse.com.

You may formally initiate the appeals process by providing written notice to BOTH privacy@teamkse.com and legalnotices@teamkse.com. Your email should be labeled "Notice of Appeal" and fully describe your concerns or disagreement and include any documentation necessary to validate the claims you are making.

We will acknowledge receipt of your appeal within ten (10) business days of receiving your written notice of appeal. This acknowledgement may contain requests for additional information to help us properly investigate or adjudicate the appeal. Your failure to provide substantive responses to our requests may materially impact our ability to investigate or adjudicate the relevant issue.

We will reasonably investigate the appeal based on the information and documentation you have provided. Following the investigation, we will reach a determination of your appeal, which may include modifying or upholding the original decision. We will notify you of our determination in writing within forty-days (45) days of receipt of your written notice of appeal, and we will include the explanation for our determination of your appeal. If we deny your appeal, you may file an appeal with the relevant regulator.

The appeal will review whether the decision made by the Privacy Team that you have appealed was fair and consistent with applicable privacy law. You may only appeal a decision that applies to you personally unless you are otherwise authorized to act on another person's behalf, in which case you must provide evidence that you are authorized by the person on whose behalf you have submitted an appeal.

The appeal will focus exclusively on the decision being appealed. Broader issues related to our company policies, management style, or any other issues will not be considered as part of the appeal.

The remedy that you seek is an important part of the appeal. Your initial written appeal must address what you seek as an outcome (for example, access to data, correction of data, deletion of data, etc.).

You may withdraw or end your appeal at any time by providing us with written notice.

We do not discriminate against any person who initiates an appeal.

We will maintain a record of the appeal, including the final determination, in accordance with our record retention policies and procedures.