Privacy Policy

Last Updated: October 2, 2024

This Privacy Notice together with our Terms of Use (“Terms of Use”) (collectively, the “Agreement”) contain the binding terms and conditions between you and Sunny Bev LLC (“Sunny Bev,” “our,” “us” or “we”), applicable to your access to and use of our website located at www.drinksunnydayz.com (the “Site”), which we operate. This Privacy Notice governs data collection and usage.

This Privacy Notice describes how Sunny Bev collects, uses, stores, and shares personal information through our website and online applications, including our Site, as well as any social media, and any content, information, functionality, products or services supplied by or on behalf of us through the Site (the “Services”).

Please take the time to review this document carefully to understand how we protect your privacy. By accessing, browsing, or otherwise using the Site or engaging with our Services, you agree to our collection, storage, use, and disclosure of your information as described in this Privacy Notice. If you do not agree with the terms of this Privacy Notice, you may not continue to use the Site. By using the Site, you consent to the data practices described in this Privacy Notice.

Privacy Notice for the USA

Our Services are only available to those residing in the United States. It is Sunny Bev's policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and/or an individual's right to privacy are different from one jurisdiction to another. This Privacy Notice covers only those activities that are subject to the provisions of United States federal privacy laws, as applicable.

This Privacy Notice has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Notice may not be available to all individuals or in all jurisdictions.

Eligibility

Our Site and Services are not intended for children or persons under the age of 21. Children or persons under the age of 21 are not allowed to use our Site and Services. If we learn or have reason to suspect that a user is under age 21, we will promptly deactivate that user's account (“User Account”) and delete any personal information collected in connection therewith. If you believe we might have any information from or about a child or person under the age of 21, please contact us at compliance@drinksunnydayz.com.

What is Personal Information?

For this Privacy Notice, personal information is any information that identifies, relates to, describes, is capable of being associated with, or could be linked, directly or indirectly, to a particular individual. Personal information does not include publicly available information or an individual's business contact information when collected, used, or disclosed to enable the individual to be contacted in their business capacity on behalf of their company or employer.

Information We Collect and How We Collect It.

We collect and maintain different types of personal information with respect to the individuals with whom we interact. This includes: Contact and identification information, such as your name, address, telephone number, and e-mail address; personal information related to the goods and services that you seek from us; and additional service-related information concerning the goods and services that we provide to, or receive from you.

Sunny Bev collect personal information from individuals participating in and/or impacted by those activities.

Information You Give Us. When you contact us or opt in by registering on the Site and creating a User Account, utilizing our Services, registering to receive alerts or other information via email, text, or instant message, we may collect your age, location information, email address, phone number, as well as other information, including demographic information such as gender, that you directly give us. We collect your personal information for the purposes described in this Privacy Notice.

Information Automatically Collected. We may automatically log information about you and your computer or mobile device when you access the Site. For example, when visiting our Site, we may log your computer operating system type, browser type, IP address, geolocation information, referring website from which you accessed the Site, pages you viewed on the Site, how long you spent on a page on the Site, access times and information about your use of and actions on our Site. We may collect device information about your mobile device.

We may collect and process information about your actual location. We use various technologies to determine location, including IP address. Mobile applications may collect real-time information about the location of your device. If you do not want us to collect this information, you may decline our request or disable location services in your mobile device's settings. However, opting out of the collection of location information will cause location-based features to be disabled and the online and/or mobile application may not function properly.

We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends and to learn more about the demographics of our users. Such third-party service providers may use data collection tools to compile reports and provide us with other services in connection with the Services. We will not collect any location information that you do not volunteer or enable. We will delete any location information that you request us to delete.

Cookies. We may use cookies from time to time. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity. We also use cookies to help us compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future.

How We Use Cookies?

We use cookies to:

  • Understand and save users' preferences for future visits; and
  • Compile aggregate data about Site traffic and Site interactions in order to offer better Site experiences and tools in the future.

We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser settings. Because each browser is a little different, look at your browser's “Help Menu” to learn the correct way to modify your cookies.

If you turn cookies off, some of the features that make your Site experience more efficient may not function properly or otherwise be available to you.

Pixel tags and other similar technologies. Pixel tags (which also may be referred to as “web beacons” or “clear GIFs”) are small images that we (or our licensees or other third party service providers) may use in connection with the Services so we may provide you with access to the Services, track our Services users' actions and other similar purposes including to evaluate marketing campaigns. The type of information collected by Pixel tags may include the pages and links accessed by you as well as your IP address and other information about the device you used to access the Services.

Finally, our website may contain links to other websites that may be subject to less stringent privacy standards. We cannot assume any responsibility for the privacy practices, policies, or actions of the third parties that operate these websites.

Sunny Bev is not responsible for how such third parties collect, use, or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.

Why We Collect Personal Information?

We use the information and personal information provided by you to provide Services and to manage our business operations. We may use your personal information we collect from you to:

  • Improve our Services, functionality, and overall user experience on the Site;
  • Deliver our Services to you;
  • Better cater and market to our users, as well as learn about preferences and usage habits;
  • Respond to customer service requests, comments and questions;
  • Personalize content and tailor our Services based on your geographical location;
  • Send periodic emails, notifications, and text messages regarding our Services;
  • Follow up with you after correspondence (live chat, email, or phone inquiries);
  • Provide marketing and promotional information;
  • Communicate about our partners' products and services;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • To protect Sunny Bev against error, fraud, theft and damage to our goods and property;
  • Troubleshoot technical difficulties and errors;
  • Link or combine user information with other personal information;
  • As permitted or required by applicable law or regulatory requirements; and
  • For any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

We may use or disclose your personal information: as permitted or required by applicable law or regulatory requirements; for the purposes described in this Privacy Notice; and for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information. We may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

Who Do We Disclose Your Personal Information?

Sunny Bev or its parent, subsidiaries, affiliates, or related entities. In no event will we ever sell or rent any identifying personal information, except in the form of aggregate consumer information, as described below. We may, however, share your personal information as follows:

  • We may share personal information for legal, protection, and safety purposes.
  • We may share information to comply with laws or as permitted by laws.
  • We may share information to respond to lawful requests and legal processes.
  • We may share information with other companies and brands owned or controlled by Sunny Bev, including our subsidiaries.
  • We may share information to protect the rights and property of Sunny Bev, our agents, customers, and others. This includes enforcing our agreements, policies, and Terms of Use.
  • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any other person.
  • We may share your personal information with vendors, service providers, contractors and agents in connection with the performance of services on our behalf. These service providers are prohibited from using your information except as needed to perform our work or as required by law.
  • We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
  • Social media platforms and networks such as Facebook, X, TikTok, Pinterest, and Instagram that offer functionalities, plugins, widgets, or tools in connection with our Services (e.g., to log into an account, or to share inspiration, finds, purchases, and other content with your friends and followers on social media). If you choose to use these functionalities, plugins, widgets, or tools, certain information may be shared with or collected by those social media companies—for more information about what information is shared or collected, and how it is used, see the applicable social media company's Privacy Notice.
  • We may share personal information for any other purpose disclosed by us when you provide the personal information. We may share your personal information with our employees, contractors, consultants, affiliates, and other parties who require such information to assist us with managing our relationship with you, including third parties that provide services to us or on our behalf. For example, we may share your personal information from time to time with our third-party information technology and data processing service providers so that we may operate our business. As a result, your personal information may potentially be collected, used, processed, stored, or disclosed in the United States.
  • We may also share your personal information with our employees, contractors, consultants, affiliates and other parties who require such information to assist us with managing our relationship with you, including trusted third parties that provide services to us or on our behalf. For example, we may share your personal information from time to time with third-party information technology, data processing, and call center service providers so that we may operate our business.
  • Your personal information may be disclosed as permitted or required by applicable law or regulatory requirements; to comply with valid legal processes such as search warrants, subpoenas, or court orders; as part of Sunny Bev regular reporting activities to protect the rights and property of Sunny Bev; during emergencies or where necessary to protect the safety of a person or group of persons; and with your consent.

Finally, we may also sell, rent, or share aggregate consumer information, i.e., anonymized summary data with others for their own uses. Specifically, if you create a User Account, we may sell, rent or share certain aggregate consumer information that we compile using personal information collected about you and other users. This aggregate consumer information will never include your name, phone number, email address, or mailing address. We may sell, rent or share this aggregate consumer information with our partners and other companies for their own marketing, product development, research, or other uses.

We do not sell, trade, or otherwise transfer to outside parties your personal information outside of the situations detailed above, unless you consent otherwise.

Your Consent

By using our Site or Services, we assume that you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Notice. You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us using the contact information set out below.

Please note that in some circumstances, withdrawing or changing your consent to certain uses of your personal information may affect: (i) our ability to provide you with the Services you request; and (ii) your ability to access to the Site.

Please refer to the Terms of Use, which incorporates this Privacy Notice by reference, for instructions regarding opting out of receiving push notifications, text messages, and emails from Sunny Bev. Additional information regarding your rights with respect to the collection of your personal data is included below.

Security of Your Personal Information

Sunny Bev will endeavor to maintain physical, technical, and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to protect your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for circumvention of any privacy settings or security measures. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We are dedicated to protecting all personal information to the greatest extent possible. However, if you create a User Account, you are responsible for maintaining the confidentiality of your personal information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your User Account. If you learn of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody, you should notify us immediately.

Updating Your Personal Info

The information contained in our records must be both accurate and current. If your personal information happens to change during our relationship, please keep us informed of such changes. In some circumstances, we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.

In some circumstances we may not agree with your request to change your personal information such as when we cannot verify your request, when we need to complete a transaction, for certain business security practices, to comply with legal obligations, exercise legal claims or rights, or if the information is not considered personal information under state privacy laws. In such cases, we will instead append an alternative text to the record in question.

Access to Your Personal Information

Subject to applicable laws, you can review, verify or correct your personal information. Please review the information in the “Your Rights” section below regarding your rights with respect to the collection of your personal data or contact us at the email below for further details.

In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

Your Choices About Data We Collect and How to Opt Out

You have a choice about how we use your personal information. Although you cannot opt out of all data collection when you visit our Site and use our Services, you can limit the collection, use, and sharing of your personally identifiable information. Please note that this may affect your ability to access certain Services. You may opt out at any time by contacting us at compliance@drinksunnydayz.com.

Your Rights

With respect to the collection of your personal information, subject to applicable law, you have the following rights with respect to your personal information. The right: (1) to update or amend personal information that we have collected about you if it is inaccurate or incomplete; (2) to request that we disclose the personal information that we hold about you; (3) to request the categories of sources from which your personal information is collected; (4) to request the categories of third parties with whom we share personal information; (5) to request the commercial purpose for collecting your personal information; (6) to request the categories of personal information sold and the categories of third parties to whom the personal information was sold; (7) to request that we delete or restrict personal information; (8) to object to the processing of your personal information with respect to direct marketing purposes; and (9) not to receive discriminatory treatment for the exercise of your privacy rights. You also have the right to designate an authorized agent to make a request on your behalf.

If you are a California resident, you have the right to request this information up to two times in a 12-month period. You have the right to designate an authorized agent to make a request on your behalf. To request this information, please contact us at compliance@drinksunnydayz.com or the mail address set forth in the section entitled “Contact Us” below. Requests must include “Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than through the provided email, telephone number, or mail address. We do not sell, trade, otherwise transfer your personal information outside of the situations detailed above, so we do not have an opt-out. If you have questions about these practices, please contact us at compliance@drinksunnydayz.com.

Your European Privacy Rights

If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Services. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Services. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

To exercise any of these rights, contact us at the address set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfill the purposes for which it was collected and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including, as necessary, to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements. If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.

Right to Non-Discrimination

We will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act (the “Act”). Unless permitted by the Act, we will not:

  • Deny you products or Services.
  • Charge you different prices or rates for products or Services, including through the use of discounts or other benefits or imposing penalties.
  • Provide you with a different level or quality of products or Services.
  • Suggest that you will receive a different price or rate for products or Services or a different level or quality of products or Services.
  • Accessibility

Individuals who need assistance accessing this Privacy Notice or need technical or customer support in an alternative format can do so by contacting us at the email address below.

Do Not Track

Some web browsers may allow you to enable a “Do Not Track” “DNT” setting, which sends a signal to websites you visit, including your preference not to be tracked. At this time, our Site does not respond to DNT signals.

Your Choices

If you wish to limit tracing on our Site or by third parties, you may: (i) adjust your browser settings to disabled cookies or limit tracking; (ii) use browser extensions or tools that block tracking technologies; (iii) opt-out of targeted advertising by visiting the Digital Advertising Alliance's Opt-Out Tool or the Network Advertising Initiative's Opt Out took.

Nevada and Utah Residents

If you are a Nevada or Utah resident you have the right to direct Sunny Bev not sell your personal information for monetary consideration to third party recipients. If you are a Nevada or Utah resident and wish to exercise this right and opt out of the sale of your information, contact us emailing us at [email] subject “Do Not Sell My Personal Information” understanding that we do not sell your personal information, but are required to include this provision in this Privacy Notice regardless.

California Shine the Light Law

California residents may annually request and obtain information that is shared with other businesses for their own direct marketing use within the prior calendar year, however, Sunny Bev does not share your personal information with other businesses for their own direct marketing use. If you are a California resident and wish to exercise this right and opt out of the sale of your information, contact us emailing us at complaince@drinksunnydayz.com subject “Do Not Sell My Personal Information.”

Changes to this Privacy Notice

All updates to this Privacy Notice are noted at the top of this page, with time-date reference for your convenience. Sunny Bev reserves the right in its sole discretion to amend this Privacy Notice at any time. Your continued use of the Site after we make changes is deemed to be acceptance of those changes so please check the policy periodically for updates.

Third Party Sites

This Privacy Notice applies to information we collect through the Site as well as any of our other websites or applications that post this Privacy Notice. This Privacy Notice does not apply to websites that post different privacy policies or statements.

Privacy Notice Interpretation

Any interpretation associated with this Privacy Notice will be made by our Privacy Officer. This Privacy Notice includes examples but is not intended to be restricted in its application to such examples; therefore where the word “including” is used, it shall mean “including without limitation”.

This Privacy Notice does not create or confer upon any individual any rights, or impose upon Sunny Bev any rights or obligations outside of, or in addition to, any rights or obligations imposed by United States federal and state privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Notice and United States federal and state privacy laws, as applicable, this Privacy Notice shall be interpreted, in respect of that case, to give effect to, and comply with such privacy laws.

Contact Us

If you have any questions about this Privacy Notice, please contact us at:

Sunny Bev LLC
5940 S. Rainbow Boulevard
Las Vegas, NV 89118