PRIVACY POLICY

1. Who we are

NSD Spirits, Inc. ("Never Say Die," "we," "us" or "our") operates neversaydiebourbon.com and the Never Say Die brand home at 249 W. Short St., Lexington, KY 40507. This policy explains what information we collect through the website, our emails and texts, and the brand home waitlist and bookings, how we use it, and the choices you have.

2. Information we collect

Information you give us. Depending on how you interact with us, this may include:

• Contact details: your first and last name, email address and, if you opt in to texts, your mobile number.
• Location details: your country, ZIP or postal code and state.
• Waitlist and booking details: party size, the experiences you're interested in and, once booking opens, your booking details.
• Enquiries and messages: anything you include through our Contact, Trade and Custom Barrel forms, such as your business name, phone number, occasion and order size.
• Age confirmation: your confirmation that you're 21 or older.
• Preferences: whether you'd like to receive our emails and texts.

Information collected automatically. When you visit the site, we and our service providers may collect your IP address, browser and device type, the pages you view and links you click, the site that referred you, and an approximate location based on your IP address. Some of this is collected through cookies and similar technologies, described in section 6. When you submit a form, we also keep a short-lived record of your IP address, for up to an hour, to limit automated abuse.

Information from others. We may receive information from our licensed retail partner, our booking partner and social media platforms when you interact with our pages there.

Your device location. If you tap "Use my location" in the bottle locator, your browser shares your approximate location with the site. We use it only to show places to buy Never Say Die near you, and we do not store it.

3. How we use your information

• To send Fan Club emails and, if you opt in, text messages about new releases, brand home events and offers.
• To manage the brand home waitlist and bookings.
• To respond to your enquiries, including custom barrel, trade and general requests.
• To confirm that visitors and members are of legal drinking age.
• To operate, secure and improve the website, and to understand how it's used.
• To measure how well our marketing works.
• To prevent fraud, enforce our policies and comply with the law.

4. Email and text messages

We send marketing emails and texts only to people who sign up for them. You can unsubscribe from emails at any time using the link at the bottom of any message.

If you opt in to texts, you agree to receive recurring automated marketing text messages from Never Say Die at the number you provide. Consent is not a condition of purchase. Message frequency varies, and message and data rates may apply. Reply STOP to cancel or HELP for help. Our SMS Terms have the full details.

We will not share your mobile number or text opt-in information with third parties or affiliates for their marketing or promotional purposes.

5. Orders and bookings through our partners

Bottles are sold and shipped by our licensed retail partner. When you place an order, the information you provide at checkout, including payment and shipping details, is collected and handled by our partner under its own privacy policy. For questions about an order, email info@bourbondirectco.com.

Once booking opens, brand home experiences will be booked through AnyRoad, which handles your booking information under its own privacy policy.

6. Cookies and similar technologies

Cookies are small files stored on your device. We and our service providers use cookies and similar technologies to keep the site working, remember your preferences (such as confirming your age and the contents of your cart) and understand how the site is used. The only optional cookies are set by Google Analytics, which tells us which pages are visited and how visitors reach the site. We do not currently use advertising cookies or pixels.

Analytics cookies are set only if you accept them in the banner shown on your first visit. You can change your choice at any time using the Cookie settings link in the footer, block or delete cookies in your browser settings (some parts of the site may not work properly without the essential ones), or install Google's browser add-on to opt out of Google Analytics everywhere. To opt out of interest-based advertising from many companies, visit optout.networkadvertising.org or optout.aboutads.info.

The film and the map embedded on the site come from YouTube and Google Maps. They may set their own cookies once you play the film or interact with the map, under Google's privacy policy.

Some browsers send "Do Not Track" signals. Because there is no common standard for them, our site does not respond to them. We do honor Global Privacy Control signals: when your browser sends one, analytics cookies are not set.

7. How we share information

We do not sell your personal information. We share it only as described in this policy:

• Service providers that help us run our business: Vercel (website hosting), Cloudflare (protecting our forms from bots), Mailchimp (email, texts and the Fan Club list), Resend (delivering enquiries to our team), Google (analytics and maps), Shopify (the cart and checkout) and our booking partner. They may use your information only to provide services to us.
• Our licensed retail partner for orders, as described in section 5.
• Legal and safety reasons, when required by law or legal process, or to protect our rights, our customers or others.
• Business transfers, if Never Say Die is involved in a merger, acquisition or sale of assets.
• With your consent in any other case.

We may also share information that has been aggregated or de-identified so that it can't reasonably identify you.

8. How long we keep your information

We keep personal information only as long as we need it for the purposes in this policy, including to provide the services you've asked for and to meet our legal obligations. When we no longer need it, we delete it or make it anonymous.

9. How we protect your information

We use reasonable administrative, technical and physical safeguards to protect your information. No website or method of storage is completely secure, so we can't guarantee absolute security. If a data breach affects your personal information, we will notify you and the appropriate authorities when the law requires it.

10. Your choices and rights

You can unsubscribe from emails using the link in any message, stop texts by replying STOP and manage cookies in your browser.

Depending on where you live, including in Kentucky and California, you may have the right to:

• Know what personal information we hold about you and get a copy of it.
• Correct inaccurate information.
• Delete your information.
• Opt out of targeted advertising, the sale of personal information or certain profiling.

To make a request, email visit@neversaydiebourbon.com. We will verify your identity before acting on it, and you may use an authorized agent where the law allows. If we decline your request, you can appeal by replying to our decision. We will not treat you differently for exercising your privacy rights.

We do not sell personal information or share it with third parties for their own direct marketing. California residents may ask about our sharing practices, and Nevada residents may submit a request not to have their information sold, using the email address above.

11. Visitors outside the United States

Never Say Die is based in the United States, and your information is stored and processed here. If you are in the United Kingdom or European Economic Area, we process your information based on your consent (for marketing), to provide the services you request (such as waitlist places and bookings), for our legitimate interests in running and improving our business, and to meet legal obligations. You have the right to access, correct, delete, restrict or object to our use of your information, to data portability and to withdraw consent at any time. UK residents may also complain to the Information Commissioner's Office.

12. Age requirement

Our website, communications and products are for adults 21 and older. We do not knowingly collect information from anyone under 21. If we learn that we have, we will delete it promptly. If you believe we have information from someone under 21, please contact us.

13. Links to other sites

Our website links to other sites and services, including social media platforms, our retail partner and our booking partner. Their privacy practices are governed by their own policies, and we are not responsible for them.

14. Changes to this policy

We may update this policy from time to time. When we do, we will post the new version on this page and update the effective date at the top. If we make significant changes, we will let you know by email or a notice on the site.

15. Contact us

NSD Spirits, Inc.
249 W. Short St.
Lexington, KY 40507
visit@neversaydiebourbon.com
859-461-8873