Text A Somm ("we," "us," "our," or "Company") operates the textasomm.myrtle.cloud website and SMS-based sommelier recommendation service (the "Service"). This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you use our Service.
By using our Service, you agree to the collection and use of information in accordance with this policy, including the age requirements and SMS consent terms outlined below. If you do not agree with this policy, please do not use our Service.
1. Age Requirements and Verification
Legal Age Requirement
Text A Somm is restricted to users who are at least 21 years of age (the legal drinking age in the United States). Our Service provides wine and beverage pairing recommendations, which are subject to age-gating requirements established by wireless carriers and the CTIA (Cellular Telecommunications Industry Association).
By using this Service, you represent and warrant that you are at least 21 years of age or older.
Age Verification
We verify user age through one or more of the following methods:
- Affirmative Declaration: Users must acknowledge in writing (via initial SMS or web-based consent) that they are at least 21 years of age before the Service is activated.
- Address Verification: Cross-referencing the phone number with publicly available data sources to confirm age-appropriate registration.
- Transaction Monitoring: Ongoing monitoring of messaging content and patterns to detect potential underage use.
We do not knowingly provide our Service to individuals under 21 years of age. If we become aware that a user is under 21, we will immediately:
- Suspend SMS messaging to that phone number
- Delete all associated conversation data
- Cease all further communication
If you believe Text A Somm has inadvertently collected information from someone under 21, please contact us immediately at privacy@winegurus.com.
2. Information We Collect
Information You Provide Directly
- Phone number: When you text our Service, we receive your mobile phone number.
- SMS message content: The text messages you send to us, including details about your dining occasion, food choices, wine preferences, budget, and any images of wine lists.
- Photos/Images: Images you send via MMS, such as photos of wine lists or restaurant menus.
- Email address: If you join our waitlist, provide feedback, or contact us via email.
- Age confirmation: Your affirmative representation that you are 21 years of age or older.
Information Collected Automatically
- SMS metadata: Timestamps of messages sent and received, message delivery status, and carrier information.
- Website usage data: IP address, browser type, pages visited, referring URLs, and device identifiers when you visit our website.
- Device information: General device type and operating system when interacting with our website or SMS service.
Information from Third Parties
- Twilio (SMS Provider): Our SMS infrastructure provider transmits your phone number and message content to us. Twilio may also provide delivery status, bounce-back information, and carrier details.
- Cloudinary (Image Processing): If you send photos, images may be processed through Cloudinary for optimization and storage.
3. How We Use Your Information
We use the information we collect to:
- Provide personalized wine and beverage recommendations via SMS
- Verify that you meet the age requirement (21 or older)
- Match your request with an available certified sommelier expert
- Maintain conversation history to enable contextual sommelier advice
- Optimize and improve our Service based on usage patterns
- Communicate with you about service updates (with your consent)
- Detect, prevent, and address fraud, abuse, security incidents, and violations of this policy
- Comply with applicable laws, regulations, and CTIA guidelines
- Enforce our Terms of Service and other agreements
4. SMS Messaging, Consent, and Opt-In Methods
Overview of SMS Consent Requirements
Consistent with the CTIA Messaging Principles and Best Practices and the Telephone Consumer Protection Act (TCPA), we are committed to obtaining and maintaining clear, affirmative consent from all users before sending SMS messages.
Text A Somm classifies all SMS communication as Non-Consumer messaging (as defined by CTIA guidelines), because messages are sent by a business entity (Text A Somm) to individual consumers. As a Non-Consumer message sender, we are required to:
- Obtain a user's express consent to receive messages generally
- Clearly disclose the nature and frequency of messaging
- Provide transparent opt-out mechanisms
- Maintain and honor all consent and opt-out records
- Comply with all applicable carrier and CTIA policies
How End-Users Consent to Receive Messages
Opt-In Methods:
Users can provide express written consent to receive SMS messages from Text A Somm through any of the following methods:
Method 1: Initial SMS Opt-In (Transactional)
- Mechanism: User initiates contact by texting our Service number or scanning a QR code that directs them to text the Service number.
- Consent Capture: The initial outbound SMS from the user serves as affirmative opt-in consent.
- Confirmation: We send a confirmation message confirming enrollment, including the program name, sommelier service description, opt-out instructions, customer care contact, and a statement that messages are recurring and conversational.
- Documentation: We record the timestamp of the initial message, the user's phone number, the specific campaign (Wine Pairing Service), and the IP address or device identifier associated with the request.
Method 2: Web-Based Opt-In Form
- Mechanism: User submits a form on our website (textasomm.myrtle.cloud) that includes their phone number and explicit agreement to receive SMS messages from Text A Somm.
- Required Elements: The form must clearly display:
- Program name and description ("Sommelier Wine Pairing Recommendations via SMS")
- The phone number from which messages will originate
- Disclosure that messages are recurring and conversational
- Message frequency estimate (varies based on user requests)
- Opt-out instructions (text STOP)
- Customer care contact information
- Link to this Privacy Policy
- Explicit checkbox confirming the user is 21 years of age or older
- Checkbox confirming consent to receive SMS messages
- Confirmation: Upon form submission, we send an SMS confirmation message to the provided phone number.
- Documentation: We retain the form submission data, including timestamp, phone number, IP address, user session ID, and the captured consent checkboxes.
Method 3: Point-of-Sale or Restaurant Opt-In
- Mechanism: User provides phone number at a restaurant partner location and signs a form or provides verbal consent to receive Text A Somm recommendations.
- Required Elements: Physical or digital forms must include:
- Clear disclosure that messages are from Text A Somm
- Statement of program purpose and message frequency
- Opt-out instructions
- Privacy Policy reference
- Age confirmation statement
- Documentation: We retain signed forms or digital records with timestamps, the subscribing restaurant name, and proof of consent.
Method 4: QR Code with Landing Page
- Mechanism: User scans a QR code (displayed at restaurants or in marketing materials) that links to a mobile-optimized landing page.
- Landing Page Elements: Must include:
- Program name and clear description
- Message frequency and type disclosure
- Opt-out mechanism
- Age verification checkbox
- Explicit SMS consent checkbox
- Confirmation: Upon landing page submission, an SMS confirmation is sent to the provided phone number.
- Documentation: We record the timestamp, phone number, device type, and landing page session ID.
Consent Documentation Requirements
For all opt-in methods, we maintain records that include:
- Timestamp of consent acquisition (date and time)
- Consent acquisition medium (SMS initiation, web form, restaurant sign-up, QR code, etc.)
- Specific campaign name ("Wine Pairing Recommendation Service")
- Phone number for which consent was granted
- IP address or device identifier associated with the consent
- Proof of the user's affirmative age declaration (21 or older)
- Identity of the individual who consented (phone number or, if available, name)
- Full text of the disclosures presented to the user at time of opt-in
Important Consent Principles
One Opt-In Per Campaign: A user's opt-in consent is specific to Text A Somm's Wine Pairing Service campaign and applies only to this sender. Opt-in cannot be transferred to other companies, services, or campaigns.
Conversational vs. Promotional Messaging: Our Service is primarily conversational and informational. Users initiate requests for sommelier recommendations, and our experts respond. We do not send unsolicited promotional messages without separate, explicit written consent. If we expand to promotional messaging in the future, users will be required to provide separate express written consent for promotional messages specifically.
No Rented or Shared Lists: We do not use opt-in lists that have been rented, sold, or shared from other companies. All opt-ins are directly acquired and verified by Text A Somm.
Opt-Out Mechanisms
Text STOP: Users may opt out at any time by texting "STOP" to our Service number. Opt-out requests using variations (stop, STOP, Stop, unsubscribe, cancel, opt out me, etc.) will be honored consistently with CTIA guidelines. Upon receiving an opt-out request, we will:
- Send a single confirmation message acknowledging the opt-out
- Immediately cease all future SMS communications to that number
- Mark the phone number as opted-out in our database
- Delete all conversation history and associated data within 30 days
- Process the phone number through carrier deactivation files (daily) to prevent accidental re-messaging
Email Opt-Out: Users may also opt out by emailing privacy@winegurus.com with their phone number and a request to unsubscribe.
Phone/Customer Service Opt-Out: Users may call our customer care line to request opt-out (contact information below).
Opt-In Confirmation for Recurring Messages
For all opt-in methods, we send a confirmation message that clearly includes:
- Program name: "Text A Somm Wine Pairing Service"
- Program description: "Receive personalized wine pairing recommendations from certified sommeliers via text message"
- Customer care contact information
- How to opt-out: "Text STOP to unsubscribe"
- Message frequency disclosure: "Messages are conversational and recurring. Frequency varies based on your requests to our service"
- Fee/charge disclosure: "Standard SMS rates may apply based on your wireless carrier plan"
- Privacy Policy link: "For more information, see our Privacy Policy at textasomm.myrtle.cloud/privacy"
5. SMS Messaging & User Rights
Message Rates and Carrier Liability
Message and data rates may apply according to your wireless carrier's standard SMS pricing. Text A Somm is not responsible for carrier delays or undelivered messages. Carriers are not liable for delayed or undelivered messages.
Supported Carriers
Our Service is available on all major U.S. carriers, including AT&T, Verizon, T-Mobile, Sprint, and U.S. Cellular. International SMS delivery may be limited and is not guaranteed.
HELP Command
Text HELP to our Service number for customer service assistance, or contact us at:
- Email: privacy@winegurus.com
- Website: textasomm.myrtle.cloud
No Sharing Opt-In Lists
We do not sell, rent, share, or transfer your phone number, SMS opt-in consent, or conversation data with third parties for their marketing purposes. Your opt-in is specific to Text A Somm only.
6. Data Sharing & Third-Party Services
We share your information only in the following circumstances and with the following parties:
Service Providers
- Twilio (SMS Infrastructure Provider): Your phone number and message content are transmitted through Twilio's secure infrastructure to deliver SMS messages. Twilio maintains service-level security measures consistent with CTIA guidelines. Twilio Privacy Policy
- Cloudinary (Image Processing): If you send photos of wine lists, images may be processed through Cloudinary for storage and optimization. Cloudinary Privacy Policy
Internal Sharing
- Certified Sommeliers: Our sommelier experts who respond to your requests have access to your messages and wine preferences (but not your full phone number) to provide personalized recommendations. Sommeliers are bound by confidentiality agreements and will not share your information.
Legal and Regulatory Disclosures
- Legal Requirements: We may disclose your information if required by law, court order, subpoena, regulatory request, or legal process. We will provide notice to users of legal requests when legally permitted.
- Business Transfers: In the event of a merger, acquisition, bankruptcy, or sale of assets, your information may be transferred to the acquiring entity. We will notify users of any such transfer and provide the opportunity to opt out.
- Fraud and Security: We may share information with law enforcement or security partners to detect, prevent, or address fraud, security incidents, or violations of this policy.
Restrictions on Data Sharing
We do NOT share your information with third parties for:
- Marketing or promotional purposes
- Sale of personal data (we do not sell user data)
- Commercial use outside of delivering our Service
- Behavioral advertising or profiling
7. Data Retention
We retain your personal information only as long as necessary to provide our Service and fulfill the purposes described in this policy:
- Conversation Data: SMS conversations and sommelier recommendations are retained for up to 12 months to enable follow-up interactions, service improvement, and dispute resolution. After 12 months, conversation data is deleted.
- Phone Numbers: Phone numbers are retained while your account is active. If you opt out via STOP or email, your phone number is marked as opted-out and will not be messaged again. Associated conversation data is deleted within 30 days of opt-out.
- Opt-Out Records: Opt-out phone numbers are retained for a minimum of 5 years to ensure compliance with TCPA and CTIA requirements and to prevent accidental re-messaging.
- Opt-In Documentation: Records of consent (timestamps, methods, disclosures, and evidence of age verification) are retained for a minimum of 3 years to demonstrate compliance with TCPA and CTIA guidelines.
- Waitlist Emails: Email addresses collected via our waitlist are retained until you unsubscribe or the waitlist period ends. You may unsubscribe at any time.
- Website Logs: Server access logs and analytics data are automatically deleted after 90 days.
- Age Verification Records: Records confirming your affirmation of being 21 or older are retained as long as your account is active.
Upon deletion, data is permanently purged from all systems and backups.
8. Data Security
We implement reasonable technical, administrative, and organizational measures to protect your personal information, including:
- Encryption: Data transmitted between your device and our servers is encrypted using TLS 1.2 or higher (HTTPS).
- Session Management: Secure session handling with HTTP-only and Secure cookies to prevent unauthorized access.
- Access Controls: Role-based access controls limit sommelier and employee access to only the conversation data necessary to provide recommendations.
- Rate Limiting: Technical measures to prevent abuse, spam, and unauthorized bulk messaging.
- Input Validation and Sanitization: All user inputs are validated and sanitized to prevent injection attacks and malicious content.
- Regular Security Reviews: We conduct periodic security audits and vulnerability assessments.
- SMS Security: SMS messages are transmitted via Twilio's secure, carrier-grade infrastructure with built-in DDoS protection.
- Incident Response: We maintain an incident response plan to address any data security breaches or unauthorized access.
Limitations: No method of electronic transmission or storage is 100% secure. While we implement industry-standard protections, we cannot guarantee absolute security. Use of SMS is inherently subject to carrier-level risks that we do not control.
9. Compliance with CTIA Guidelines
Text A Somm is committed to complying with all requirements established by the CTIA (Cellular Telecommunications Industry Association) Messaging Principles and Best Practices. Specifically, we adhere to:
- Non-Consumer Classification: We classify ourselves as a Non-Consumer message sender (business-to-consumer) and maintain clear consent documentation.
- Transparent Opt-In: We provide clear and conspicuous calls-to-action and disclose all material terms before requesting consent.
- Opt-Out Compliance: We honor all opt-out requests promptly and maintain opt-out lists to prevent future messaging.
- Content Standards: Our messages do not contain unlawful, deceptive, fraudulent, phishing, or abusive content. All messaging complies with carrier filtering standards.
- Unwanted Message Prevention: We employ measures to detect and prevent spam, abuse, and unwanted message traffic.
- Authentication: We authenticate our Service number with carriers to prevent spoofing and ensure message deliverability.
- Age-Gating: We verify user age (21+) consistent with CTIA requirements for alcohol-related messaging.
For questions regarding our CTIA compliance, contact privacy@winegurus.com.
10. Your Rights
All Users
- Access: You may request a copy of the personal information we hold about you.
- Correction: You may request correction of inaccurate or incomplete personal information.
- Deletion: You may request deletion of your personal information by texting STOP or emailing privacy@winegurus.com.
- Opt-Out of SMS: Text STOP to our Service number at any time to unsubscribe from all messaging.
- Consent Records: You may request documentation of your consent records, including opt-in method, timestamp, and disclosures provided.
California Residents (CCPA/CPRA)
If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):
- Right to Know: Request what personal information we collect and how it is used.
- Right to Delete: Request deletion of your personal information (subject to legal retention requirements).
- Right to Opt-Out: Opt out of the sale or sharing of personal information (we do not sell your data).
- Right to Correct: Request correction of inaccurate personal information.
- Non-Discrimination: We will not discriminate against you for exercising your privacy rights.
To exercise your California privacy rights, contact us at privacy@winegurus.com with your name, phone number, and specific request.
European Residents (GDPR)
If you are located in the European Economic Area (EEA), you have the following rights under the General Data Protection Regulation (GDPR):
- Right of Access: Request access to the personal data we hold about you.
- Right to Rectification: Request correction of inaccurate personal data.
- Right to Erasure: Request deletion of your personal data (subject to legal obligations).
- Right to Data Portability: Request your data in a portable format suitable for transfer to another service.
- Right to Restrict Processing: Request restriction of processing of your personal data.
- Right to Object: Object to processing of your personal data.
- Right to Lodge a Complaint: File a complaint with your local data protection authority.
To exercise your GDPR rights, contact us at privacy@winegurus.com. We will respond to requests within 30 days.
11. Children's Privacy and Age Restrictions
Age Restriction
Text A Somm is restricted to users who are at least 21 years of age. We do not knowingly collect, solicit, or provide services to anyone under 21.
If we become aware that we have collected personal information from anyone under 21, we will immediately:
- Suspend all SMS messaging to that phone number
- Delete all associated personal information and conversation data
- Cease all further contact
If you have questions about whether a user meets our age requirement or believe we have collected information from someone under 21, please contact us immediately at privacy@winegurus.com.
12. Text-Enabled Phone Number Authentication
Text A Somm uses an authenticated Twilio phone number for all SMS communications. This phone number has been verified and validated through Twilio's Non-Consumer messaging authentication process to ensure:
- Legitimate business use (wine pairing service)
- Compliance with CTIA guidelines
- Consumer protection from spoofed or fraudulent numbers
- Message deliverability and carrier acceptance
13. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. Changes will be posted on this page with an updated "Last updated" date.
Material Changes: If we make material changes to how we collect, use, or share personal information, we will provide notice to active users via SMS message or email before the changes take effect.
Continued use of the Service after changes constitutes acceptance of the revised policy. We encourage you to review this page periodically to stay informed about how we protect your information.
14. Contact Us and Support
Privacy and Data Protection Inquiries
If you have questions about this Privacy Policy, wish to exercise your rights, or have concerns about our privacy practices, contact us at:
- Email: privacy@winegurus.com
- Website: textasomm.myrtle.cloud
- SMS: Text HELP to our Service number
Customer Service
For general customer service inquiries unrelated to privacy:
- Email: privacy@winegurus.com
- SMS: Text HELP to our Service number
TCPA and Compliance Inquiries
If you believe we have violated the Telephone Consumer Protection Act (TCPA), CTIA guidelines, or any applicable SMS regulations, please contact us with details:
- Email: privacy@winegurus.com
We will investigate all complaints and respond within 30 days.
15. Governing Law
This Privacy Policy is governed by the laws of the United States and the state in which Text A Somm is headquartered. Your use of the Service constitutes your agreement to be bound by applicable U.S. and state law.
For any disputes arising from this policy, you agree to first attempt resolution through informal communication with our privacy team.
Acknowledgment
By using Text A Somm, you acknowledge that you have read and understood this Privacy Policy and agree to its terms. You further represent and warrant that you are at least 21 years of age and that you have provided valid, truthful information during the opt-in process.
Questions? We're committed to transparency and compliance. If you have any questions about this Privacy Policy or our privacy practices, please contact us at privacy@winegurus.com.