This Privacy Policy ("Policy") describes how Ember & Vine ("we," "us," "our," or the "Company") collects, uses, discloses, and protects your personal information when you visit our website at https://www.ember-vine.com (the "Site"), use our services, sign up for our mailing list, make reservations through OpenTable, place orders through Toast, or make purchases through our Shopify-powered online store at shop.ember-vine.com (the "Store").

By using the Site, making a reservation, placing an order, or shopping with us, you agree to the collection and use of information in accordance with this Policy. If you do not agree, please do not use our Site or services.

This Policy applies to information collected through the Site, our Store, and in connection with our restaurant, bar, and cigar lounge operations in Spring, Texas. It does not apply to information collected by third-party websites or services that we link to (such as OpenTable, Toast, or Shopify), which have their own privacy policies.

1. Information We Collect

We collect several types of information from and about users of our Site and services, including:

a. Personal Information You Provide Directly

Contact and Account Information: When you use our contact forms, sign up for our mailing list ("Join our Mailing List"), or otherwise communicate with us, we may collect your name, email address, phone number, and any other information you choose to provide (such as preferences or event details).
Reservation Information: When you make a reservation through our link to OpenTable, OpenTable collects information such as your name, email, phone number, party size, date/time, and special requests. We receive reservation details from OpenTable to prepare for your visit.
Order Information (Toast): When you place an online order for food or beverages through our Toast ordering page, Toast collects your name, contact information, order details, delivery/pickup preferences, and payment information. Payment card details are processed securely by Toast or its payment processors (e.g., via tokenization). We receive order information necessary to fulfill your order.
Purchase Information (Shopify Store): When you shop for cigars, merchandise, or other items in our Store, Shopify collects your name, billing and shipping addresses, email, phone number, payment information, and order details. For tobacco products (cigars), we or our service providers may collect age verification information (such as date of birth or government ID details) as required by law or our policies to ensure you are at least 21 years of age. We receive order and customer information for fulfillment, customer service, and compliance.
Marketing and Communications: If you opt in to receive newsletters, promotions, event invitations, or other marketing communications, we collect your email address and any preferences you provide. You may unsubscribe at any time using the link in our emails or by contacting us.

We also collect information related to SMS and text messaging when you opt in to receive communications from us. This is described in detail in Section 4 below.

b. Information Collected Automatically

When you visit the Site, we and our service providers (such as analytics providers) may automatically collect:
- Device and usage information, including IP address, browser type and version, operating system, device identifiers, referring/exit pages, clickstream data, and pages viewed.
- Cookies, web beacons, pixels, and similar tracking technologies (see our separate Cookies Policy for details).
- Analytics data from tools such as Google Analytics or similar services to understand how visitors use our Site and improve performance.

c. Information from Third Parties

We may receive information about you from third parties, including:
- OpenTable, Toast, and Shopify in connection with reservations, orders, and purchases.
- Service providers who assist with our operations (e.g., email marketing platforms for our mailing list, hosting providers for WordPress/Elementor site, payment processors).
- Publicly available sources or business partners, where permitted by law.

We do not knowingly collect personal information from children under 13 years of age. Our Site, restaurant, bar, and cigar lounge are intended for adults. Individuals must be at least 21 years of age to enter the cigar lounge, consume alcohol, or purchase tobacco products, in compliance with Texas and federal law. If we learn we have collected information from a child under 13, we will delete it promptly.

2. How We Use Your Information

We use the information we collect for the following purposes:
- To operate, maintain, and improve our Site, Store, restaurant, bar, and cigar lounge services.
- To process and fulfill reservations (via OpenTable), online orders (via Toast), and purchases (via Shopify), including payment processing, order confirmation, preparation, and delivery/pickup coordination.
- To communicate with you about your reservation, order, or purchase; respond to inquiries; provide customer service; and send transactional emails.
- To send you marketing communications, newsletters, promotions, and information about events, new menu items, cigar arrivals, or special offers (with your consent where required; you may opt out anytime).
- To personalize your experience, recommend products or experiences, and improve our offerings.
- To analyze Site usage, monitor for fraud or security issues, and comply with legal obligations (including age verification and tobacco/alcohol sales regulations).
- To enforce our Terms and Conditions, protect our rights, property, or safety, and the rights of our guests or others.
- For other legitimate business purposes, such as internal record-keeping, audits, and business transfers (e.g., merger or acquisition).

This includes using SMS/text messaging for the purposes outlined in Section 4 below.

We process personal information based on consent (where obtained, e.g., for marketing), necessity to perform a contract (e.g., fulfilling your order or reservation), compliance with legal obligations (e.g., age-restricted sales), or our legitimate interests (e.g., improving services, security), balanced against your rights.

3. How We Share Your Information

We do not sell, rent, or share your mobile opt-in data or phone number with third parties for their own marketing or promotional purposes.
We only share your phone number and related SMS data with trusted service providers (such as SMS gateway providers) solely as necessary to deliver the text messages you have requested or consented to receive. These providers are contractually prohibited from using your information for any other purpose.

Service Providers and Processors: With trusted third parties who perform services on our behalf, such as:
- Toast (for online ordering and payment processing).
- OpenTable (for reservations).
- Shopify and its service providers (for e-commerce, payments, shipping, and age verification for tobacco products).
- Email marketing or CRM platforms (for mailing list management).
- Website hosting, analytics (e.g., Google), security, and fraud prevention providers.
- Payment processors and financial institutions.
- SMS gateway or messaging service providers (such as Twilio or similar platforms) to deliver text messages
These parties are contractually obligated to use your information only as necessary to provide services to us and to protect it appropriately.

Legal and Safety Reasons: To comply with applicable laws, regulations, court orders, or governmental requests; to enforce our agreements; to protect our rights, property, or safety or that of our guests, employees, or the public; or in connection with fraud prevention or investigations.
Business Transfers: In connection with a merger, acquisition, reorganization, sale of assets, or bankruptcy, your information may be transferred as part of the transaction, subject to confidentiality protections.
With Your Consent: We may share information for other purposes when you direct us or consent (e.g., sharing with a partner for a co-promotion).
Aggregated or Anonymized Data: We may share aggregated, anonymized, or de-identified information that cannot reasonably identify you for analytics, research, or marketing purposes.
When you interact with third-party services (e.g., clicking a link to OpenTable, Toast, or Shopify, or being redirected for checkout), those platforms collect and process your information according to their own privacy policies. We encourage you to review them:
- Toast Privacy Statement: https://pos.toasttab.com/privacy
- OpenTable Privacy Policy: Available on their website
- Shopify Privacy Policy: https://www.shopify.com/legal/privacy

4. SMS and Mobile Text Messaging Privacy

We may send SMS/text messages to users who have opted in for various purposes, including reservation confirmations, order and pickup/delivery updates, promotional offers, event invitations, marketing communications, customer support, and account-related notifications. This section describes how we collect, use, disclose, and protect information in connection with our SMS services.

Opt-In Consent
We only send SMS messages to phone numbers for which you have provided affirmative, express consent (opt-in). This may occur when you provide your mobile number on our website, in our app, at our location, via a sign-up form, or by replying “YES” or similar to an initial message. For marketing or promotional SMS, consent must meet applicable legal requirements (such as the Telephone Consumer Protection Act (TCPA) in the United States). We do not send unsolicited commercial SMS messages.

Information We Collect Through SMS
When you interact with our SMS services, we may collect:
- Your mobile phone numberThe content of messages you send to us or we send to you (to the extent stored)
- Message delivery status, timestamps, carrier information, and device data
- Any additional information you voluntarily provide in response to our messages (e.g., preferences or feedback)

How We Use SMS Information
We use this information to:
- Deliver the SMS messages you have requested or consented to receive
- Provide transactional communications (e.g., order confirmations, reservation reminders, appointment updates)
- Send marketing, promotional, or informational messages (only with your opt-in consent)
- Personalize communications and improve our services
- Respond to your inquiries or provide customer support
- Comply with legal obligations and enforce our terms

Opt-Out
You may opt out of receiving SMS messages from us at any time. To stop receiving messages, reply STOP, QUIT, END, UNSUBSCRIBE, or a similar keyword to any message from us. You may also contact us directly at reimagine@ember-vine.com or (346) 672-4666 to request removal from our SMS lists.Opting out will prevent future marketing and promotional messages. Transactional or service-related messages (such as order confirmations or reservation details) may still be sent if they are necessary to fulfill a service you requested, unless you also cancel the underlying service.

Sharing of SMS Information
We may share your phone number and related SMS data with trusted third-party service providers that help us deliver SMS messages (such as SMS gateway providers or platforms like Twilio). These providers are contractually required to use your information only to provide services to us and to protect it in accordance with this Policy. We do not sell or rent your phone number to third parties for their own marketing purposes. We may also disclose SMS information when required by law or to protect our rights, as described in Section 3 ('How We Share Your Information') above.

Your Rights
You have the same rights regarding your SMS-related personal information as described in Section 6 ('Your Privacy Rights and Choices') below, subject to applicable law and any legal retention requirements. To exercise these rights in connection with SMS communications, contact us using the details below.

Compliance with Laws
Our SMS practices are designed to comply with applicable laws, including the Telephone Consumer Protection Act (TCPA), state telemarketing and privacy laws, and any other relevant regulations in the jurisdictions where we operate. If you are located outside the United States, additional rules may apply.

Changes to This Section
We may update this SMS privacy section from time to time. The “Last Updated” date at the top of the full Privacy Policy will reflect any changes. Continued use of our SMS services after changes constitutes acceptance of the updated terms.For the full terms governing our SMS service (including message frequency, supported carriers, and service descriptions), please refer to our separate Mobile Messaging (SMS) Terms of Service.

5. Cookies and Tracking Technologies

We and our third-party partners use cookies, pixels, and similar technologies on the Site. For detailed information about the types of cookies we use, their purposes, duration, and how to manage them, please see our separate Cookies Policy.

You can manage cookie preferences through your browser settings or any cookie consent tool we implement on the Site. Note that disabling certain cookies may affect Site functionality (e.g., form submissions or personalized features).

6. Your Privacy Rights and Choices

Depending on your location and applicable law (including Texas law, and for California residents the CCPA/CPRA), you may have the following rights regarding your personal information:
Access and Portability: Request a copy of the personal information we hold about you.
Correction: Request correction of inaccurate or incomplete information.
Deletion: Request deletion of your personal information, subject to legal retention requirements (e.g., for transaction records, tax, or safety).
Opt-Out of Marketing: Unsubscribe from emails or marketing communications at any time via the unsubscribe link or by contacting us.
Opt-Out of "Sales" or Sharing (CCPA/CPRA): If applicable, opt out of any sale or sharing of personal information for cross-context behavioral advertising. We do not sell personal information as traditionally understood.
Limit Use of Sensitive Personal Information (CCPA/CPRA): Limit our use or disclosure of sensitive personal information (e.g., precise geolocation or certain identifiers) where applicable.
Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

To exercise these rights, please contact us at reimagine@ember-vine.com or by mail at the address above. We will verify your identity (e.g., via email confirmation or other reasonable means) before responding. We aim to respond within 30 days (or as required by law, e.g., 45 days under CCPA with possible extension).

For California residents, additional details are available upon request, and you may designate an authorized agent to make requests on your behalf.

Do Not Track: Our Site does not currently respond to "Do Not Track" browser signals. We handle tracking preferences as described in our Cookies Policy.

7. Data Security

We implement reasonable administrative, technical, and physical safeguards to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction. This includes secure transmission protocols (HTTPS), access controls, and encryption where appropriate for sensitive data (e.g., payment information is handled by PCI-compliant processors).

However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security. In the event of a data breach affecting your personal information, we will notify you and relevant authorities as required by applicable law.

8. Data Retention

We retain personal information for as long as necessary to fulfill the purposes outlined in this Policy, including to provide our services, comply with legal obligations (e.g., record-keeping for alcohol/tobacco sales, tax purposes—typically 3–7 years or longer as required), resolve disputes, enforce agreements, and for legitimate business needs such as analytics and marketing (with appropriate consent or opt-out mechanisms).

You may request deletion of certain information, subject to these retention needs and legal requirements.

9. International Data Transfers

Our operations are based in the United States. If you are located outside the U.S., your information may be transferred to, stored, and processed in the U.S. or other countries where our service providers operate. We take appropriate measures to ensure adequate protection, such as standard contractual clauses where required.

10. Changes to This Privacy Policy

We may update this Policy from time to time to reflect changes in our practices, legal requirements, or services. We will post the updated Policy on this page with a new "Last Updated" date. For material changes, we may provide additional notice (e.g., email to subscribers or prominent notice on the Site). Your continued use of the Site or services after changes constitutes acceptance of the updated Policy.

11. Contact Us

If you have questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us:
Ember & Vine
Attn: Privacy Officer
23931 Gosling Rd  Spring, TX 77389
Phone: (346) 672-4666
Email: reimagine@ember-vine.com
We take your privacy seriously and will respond promptly.