Rombauer Vineyards Communications Policy

Last Updated: April 17th, 2023

It is the policy of ROMBAUER VINEYARDS (“Rombauer”) to comply with all applicable laws, including but not limited to those laws governing calling, telemarketing, and email practices.

We require each employee engaged in outbound communications to understand and adhere to this Communications Policy.

The following sections are contained within this policy:

I. Allowed Communications Methods

II. Disallowed Communications Methods

III. Definitions of Marketing and Non-Marketing

IV. Training and Written Do Not Call Policy

V. Marketing Emails

VI. General Phone Call Rules

VII. Informational Calls/Texts

VIII. Marketing Calls to Residential Consumers

IX. Marketing Texts to Residential Consumers’ Opted-In Numbers

X. Business-to-Business Marketing Calls/Texts

Exhibit A (Text Program Terms of Use)

I. ALLOWED COMMUNICATIONS METHODS

ALLOWED OUTBOUND CALLS/TEXTS (WITH RESTRICTIONS)

Return Phone Calls To Residential Consumers

Rombauer does not affirmatively reach out to residential consumers via phone absent an inquiry or request from that consumer, and only contacts consumer-provided numbers. Return calls to a residential consumer who has called Rombauer (i.e. calls to our 800 number) are permitted within 30 days of the call. Outbound calls should not be recorded without disclosure of recording (i.e., “I’m calling on a recorded line”).

Marketing Texts to Residential Consumers (Double Opt-In)

Rombauer does not send marketing texts to residential consumers other than those who have double opted-in for marketing text communications from Rombauer. All text campaigns/vendors must be cleared by Legal.

Business-to-Business Marketing Call/Texts

In marketing calls to businesses, we only make business-to-business (“B2B”) marketing calls/texts in accordance with the policies and practices in this policy below. Rombauer does not place B2B marketing calls to telephone numbers on its internal Do Not Solicit (DNC) List.

Informational Texts/Calls

Informational texts/calls (as defined in this policy) are permitted in accordance with the policies and practices in this policy below.

ALLOWED MARKETING EMAILS (WITH RESTRICTIONS)

Marketing E-mails must comply with the rules established in this Communications Policy.

II. DISALLOWED COMMUNICATIONS METHODS

No Prerecorded Outbound Calls

Prerecorded or artificial voice outbound calls are highly regulated and prohibited by Rombauer. This prohibition includes any marketing calls that begin with a recorded disclosure, or that are set to leave recorded messages if a voicemail picks up (i.e., “voicemail drop”).

No Recording of Calls Without Disclosure

Many states have laws that restrict the recording of telephone calls without disclosure that the call is being recorded. In order to comply with restrictions in such two-party consent states, Rombauer does not record outbound calls, and all recorded inbound calls must have a disclosure.

No Marketing Facsimiles

Marketing by fax is highly regulated and is not to be used.

No Retention of New Third-Party Vendors to Place Calls/Texts/Emails Without Legal Approval

All third-party vendor agreements for texting and calling and email services (both new agreements, and renewals) must be approved by the Legal Department.

No B2B Marketing Calls/Texts Other Than To Verified Numbers

Business-to-business marketing calls or texts can only be placed to phone numbers provided by that business, or verified as that business’s published phone number (i.e. via internet check).

No Consumer Marketing Texts Other Than To Opted-In Consumers.

Rombauer does not authorize mass call or text marketing campaigns, other than marketing texts to Rombauer customers who specifically opt in to receive such texts (via a double-opt in confirmation).

7. No Marketing Emails That Do Not Comport With CAN-SPAM Requirements

All marketing emails must contain an UNSUBSCRIBE link that remains operational for at least 30 days after the email is sent, and must otherwise confirm with CAN-SPAM and this Policy.

No Use of Chatbots on Websites Without Certain Disclosures

Rombauer will not employ any chatbot feature to communicate with consumers on its website without ensuring the following requirements are met:

(1) the chatbot is identified as a virtual assistant or “bot” and is not held out as a human;

(2) the invitation to chat announces “This chat may be recorded” before the chat commences and includes a link to the company Privacy Policy; and

(3) data/information collected via chat is not shared with third-party businesses.

III. DEFINITIONS OF MARKETING AND NON-MARKETING

Marketing communications:

Marketing Call/Text: a call or message sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.

A “Dual-Purpose” Call/Text is one that includes any marketing component, or offers upsells/additional products, and is considered to be a marketing text.

Marketing Email: any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service, including email that promotes content on commercial websites.

Non-marketing communications:

Non-marketing Calls and Texts—transactional and informational outbound communications—are those that do not promote the commercial availability of a quality of a good or service.

Non-marketing Calls and Texts include (but are not limited to) appointment confirmations, appointment reminders, prescription renewal reminders, order confirmations, service notifications, payment notifications, shipping notifications, and billing-related communications.

Non-marketing emails are those that do not have a primary purpose of commercial advertisement or promotion of a product or service, or promoting commercial websites.

An Email that is primarily transactional in nature (i.e., order confirmation; delivery notification; appointment confirmation)is transactional, and can include some marketing elements so long as the primary purpose and the bulk of the message has a transactional purpose.

IMPORTANT: If you are unclear whether an Email, Call, or Text would be considered marketing or non-marketing, please send to Legal for review and advice.

IV. TRAINING AND WRITTEN DO-NOT-CALL POLICY

Training on This Communications Policy

Rombauer requires current employees engaged in calls, texts, and marketing communications to be trained on this Communications Policy (whichever portions are relevant to their position) at least annually.

New employees engaged in calls, texts, and marketing emails will be trained on this policy as part of new hire training and, after that, at least annually thereafter.

Records of training are to be provided to and maintained by the HR Department.

This Communications Policy will be reviewed at least annually and updated as required. Should there be material changes made to the Policy, training will be provided on the updated policy.

Each department will identify the persons who are involved in inbound/outbound calling, texting, and marketing emails, and ensure that training on this policy takes place at least annually, as well as whenever Legal requests, due to material changes/updates to the policy.

Written Do Not Call Policy

This Policy includes Rombauer’s written policy to comply with Do Not Call laws.

Should any call/text recipient request a copy of Rombauer’s written DNC Policy, please alert the Legal Department immediately, along with the recipient’s contact information, so that the DNC Policy section of this document may be shared.

V. MARKETING EMAILS SENT BY OR ON BEHALF OF ROMBAUER

It is Rombauer’s policy that any marketing emails (to Rombauer brand customers) will only be sent to email addresses provided by the recipient (i.e., when sending an inquiry, or signing up for services via the main Rombauer website).

If a list of prospects is purchased or acquired, email addresses must be checked against previous unsubscribe requests and no marketing emails will be sent to persons who had previously unsubscribed.

Marketing emails in the United States: No affirmative prior consent required. But emails must comply with CAN-SPAM requirements, by adhering to the following guidelines:

Don’t use false or misleading header information (“Rombauer” should be identified as the sender).

Don’t use deceptive subject lines.

Identify the message as an advertisement.

Tell recipients where the sender is physically located: the email message must include Rombauer’s valid physical postal address.

Tell recipients how to opt out of receiving future marketing emails Rombauer, via unsubscribe links or instructions.

Honor unsubscribe requests promptly. No further marketing emails may be sent to an email address that has unsubscribed from marketing emails, unless and until there is a written, affirmative request or affirmative opt-in agreeing to renewed receipt of marketing emails. Rombauer’s policy is to ensure unsubscribe requests are honored within five (5) days.

Monitor what others are doing on Company’s behalf—any third-party vendors sending Rombauer’s marketing emails must be approved by Legal and must agree to adhere to CAN-SPAM requirements, including providing opt-out mechanisms.

Marketing emails to Canadian recipients:

For any marketing emails sent to consumers under the Canada Anti-Spam Law (CASL), recipients either must have:

(1) purchased a product or service in the last 24 months, or

(2) affirmatively agreed to receive marketing emails (i.e., by checking an opt-in box to agree to receive marketing emails), before marketing emails may be sent.

For marketing emails sent to Canadian businesses that are not current or recent franchisees, the recipient’s email address must be conspicuously published as the business’s email (i.e., on its website).

NOTE: There are no restrictions on informational emails; emails may always be sent if they are informational, i.e., confirming shipments/payments/orders.

VI. GENERAL PHONE CALL RULES

No Mass Outbound Calls to Residential Consumers

Rombauer does not generally place callsto residential consumers who are not in the Wine Club, other than return calls to consumer-provided numbers (i.e., in communications via Rombauer’s website, or 800 number), and Rombauer does not conduct calling campaigns with mass outbound calls to residential consumers.

Romabuer’s phone calls to a residential consumer not in the Wine Club thus should be only in response to a call or inquiry from that consumer.

Phone calls to Wine Club members are not conducted via mass outbound calls.

No Call Recording Without Disclosure

Many states in the U.S. have laws that restrict the recording of telephone calls without disclosure that the call is being recorded. In order to comply with restrictions in such two-party consent states, and to avoid separating out calls by state, Rombauer should comply with the following:

If Rombauer is recording inbound calls from residential consumers (i.e., recording calls placed to a Company’s 800 line), then the inbound message must alert consumers that the call will be recorded before the call is transferred to a representative.

If Rombauer is recording outbound calls to residential consumers (i.e., a return call to a consumer who left a message on a 800 line), then the caller must identify that he/she is calling on a recorded line at least to numbers in the following states requiring two-party consent: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, Washington

Outbound calls cannot start with a pre-recorded element (i.e., a recording saying “This call is being recorded”); Rombauer does not permit any pre-recorded outbound calls, including those that begin with a recorded disclosure.

No Retention of Third-Party Vendors to Handle Calls Without Legal Approval If any Rombauer employee/department wants to retain a third-party vendor to handle or place calls to residential consumers, that vendor must be thoroughly vetted by marketing. The contract must be approved by the Legal Department.

VII. INFORMATIONAL CALLS/TEXTS

Informational calls/texts may be sent to customer-provided phone numbers without need for enrollment in marketing text programs, but a STOP request to an informational text must stop text communications.

Informational calls/texts include the following:

a. Wine Tasting confirmations, bookings, cancellations, rescheduling

b. Credit card update communications

c. Payment or collections communications

d. Shipment Notifications of pre-paid shipments

e. Changes to operating hours or notifications of shutdowns

f. Waitlist notifications

If there are any questions about whether a call/text is informational or marketing, please consult the Legal Department.

Important: A STOP request to an informational text message also stops any enrollment in marketing texts.

VIII. MARKETING CALLS TO RESIDENTIAL CONSUMERS

Rombauer does not place mass or autodialed call campaigns to consumers.

Individually dialed calls may be made for marketing purposes to customer-provided numbers in accordance with this policy; however, should a recipient ask for marketing calls to stop, the phone number must be marked as “Do Not Solicit” (DNS) and placed on Rombauer’s internal do-not-call list for marketing calls.

Any DNS request in response to a phone call also stops marketing text messages unless or until the consumer signs up again for text messaging with a double-opt-in procedure.

Information on the Rombauer DNC List may not be sold, transferred, or used for any purpose other than compliance with this policy (i.e., determining whether a specific telephone number is on the list).

General rules for all marketing calls are as follows:

You may not block the transmission of valid Caller ID information. Caller ID information must be disclosed in any marketing call and must provide an accurate call-back number.
No more than three (3) outbound marketing calls may be placed within a 24-hour period.
Leave a voicemail at least every other call attempt indicating: your name, that you are calling from Rombauer, the purpose of call, and the call-back number.
Under this policy, you may not call anyone for marketing purposes before 9 a.m. or after 7 p.m. in the time zone of the person being called or texted, nor may you place any marketing calls on Sundays.
No marketing calls on national or state holidays.
Marketing Call Rules:

a. When calling, within the first 30 seconds, clearly identify (1) your name and the company that you work for (e.g. “This is Dorothy from Rombauer”); and (2) the purpose of your call (i.e., “I’m calling regarding this month’s wine offerings”);

b. Before you end the call, give the phone number where the person you called can reach you in the future;

c. Allow the phone to ring at least four (4) times before disconnecting, and don’t abandon calls (–don’t hang up on someone);

d. Maintain a professional demeanor at all times, even if the person on the call engages in abusive or profane behavior;

e. Politely terminate any marketing call immediately upon being asked to do so;

f. Never deny or interfere with a person’s request to be placed on the DNS List.

IX. MARKETING TEXT MESSAGES TO RESIDENTIAL CONSUMERS’ OPTED-IN CELLULAR NUMBERS

Rombauer may opt to conduct individual or mass autodialed text marketing campaigns in the United States and Canada, and if so, the following restrictions will apply.

The Mobile Terms of Use that must be agreed to (the Terms) is attached to this policy as Exhibit A.

NOTE: When someone opts-out of Rombauer’s Text Program (via a STOP or QUIT or similar request), that number must be stopped for all future marketing texts list unless and until the number re-enrolls in the text program anew through a double opt-in process, as detailed below.

WEBSITE ENROLLMENTS IN TEXT PROGRAM.

If the customer is enrolling to receive marketing texts via Rombauer’s website, the customer must have affirmatively agreed to Legal Department approved language, which is the following:

By clicking “I ACCEPT” below, you consent to receive text messages and emails with promotions and offers from Rombauer Vineyards to the number and email address you have provided. Texts may be autodialed and/or sequenced. Recurring messages. Consent is not a condition of purchase. Message and data rates may apply. Terms.

This agreement must be conspicuous, and ABOVE the “I AGREE” button, and and agreement to participate in a marketing text program should not be preselected (i.e. pre-checked box)—the customer must see the disclosure language and the link to the Text Program Terms of Use before hitting the “continue” button, and the blue hyperlink to the mobile terms of use must be operational.

But this agreement is not enough on its own – Rombauer will only send marketing related text messages after a double opt-in process is complete that verifies enrollment in the text program.

Thus, an initial welcome text (which must contain a bit link to the Text Program Terms of Use), should immediately follow the initial website opt-in:

Reply Y to confirm Rombauer Texts. Msg&data rates apply. Terms. HELP to help; STOP to stop.

ONLY if a “Y” reply is received is a customer’s number enrolled in the Text Program. If no “Y” reply (no case sensitivity required) is received, then the enrollment is not completed and the consumer has not opted in.

No follow up messages asking the consumer to complete sign-in are permitted.

WINE CLUB ENROLLMENT IN TEXT CLUB.

A customer can also agree to receive marketing texts via Wine Club enrollment.

When the customer is enrolling online, the customer can be asked to provide phone number and email address, and can be offered an affirmative check box for each.

Email me with news and offerings.

Text me with news and offerings.

Sign up to receive texts with great deals, events, and offers. Texts may be sent with autodialed and/or sequencing technology; recurring messages. Consent not a condition of purchase. You will receive a text from Rombauer prompting you to reply: reply Y to confirm. Terms. STOP to stop at any time.

If the person checks the “Text me” box, then continues the sign up process, then that person will be sent a confirmation text. The initial welcome text (which must contain a bit link to the Text Program Terms of Use), should immediately follow the initial website opt-in:

Reply Y to confirm Rombauer Texts. Msg&data rates apply. Terms. HELP to help; STOP to stop.

No follow up text messages asking the consumer to complete sign-in for text messaging are permitted.

LET’S TEXT ENROLLMENT.

A consumer can also affirmatively agree to marketing texts from Rombauer by entering information into the “Let’s Text” prompt. “Enter your information and we will text you at the number you provide.”

The consent language on the let’s text form must be the following, above the “Agree and Send” button:

By submitting this form, and clicking “Agree and Send”, you consent to receive text messages and emails with promotions and offers from Rombauer Vineyards to the number and email address you have provided. Texts may be autodialed and/or sequenced. Recurring messages. Consent is not a condition of purchase. Message and data rates may apply. Terms and Privacy Policy.

Important: The Terms link should go to Rombauer’s Mobile Terms (Exhibit A to this policy) and the Privacy Policy link should go to Rombauer’s Privacy Policy.

Then same initial welcome message sent to website sign-ins should be sent to verify enrollment and acceptance of terms, with Legal Department approved language such as the following:

Reply Y to confirm Rombauer texts. Msg&data rates apply. Terms. HELP to help; STOP to stop.

If someone sends the initial JOIN message, but then does not respond with Y to this confirmation text (no case sensitivity), then the number is not opted-in and will not be sent any marketing messages.

No follow up messages asking the consumer to complete sign-in are permitted.

GENERAL RULES FOR ANY TEXT MARKETING PROGRAM.

Rombauer aims to keep general marketing texts to a four (4) per-month limit at most, so as to not over-saturate Text Program participants and drive unenrollments.

All texts must comply with rules for marketing texts: single texts, identifying Rombauer and not masking caller ID/shortcode, with truthful and clear representations of the promotion.

The Text Program Terms of Use must be included on, and easily located on, the Rombauer website, and should be reviewed at least annually.

Texts should at least once a month include the “STOP to stop” instruction, to remind participants of how to opt-out.If a “STOP”, “QUIT”, “WRONG NUMBER”, “OPT OUT”, “END”, or other such stop word is sent in response to a transactional text message, the telephone number is to be removed from the Text Program.Any confirmation of receipt of a STOP or QUIT request must be sent within five minutes of the STOP/QUIT request.

No further messages may be sent to a number that has opted-out, unless and until it re-enrolls in the Text Program through the double opt-in process.

Any “HELP” text from a recipient should be answered within five minutes with a text that provides the recipient with a link to the Text Program Terms of Use and provide Rombauer’s 1-800 customer service number.

Other than the initial texts responding to a sign-in described above, which may happen any time of day according to the consumer’s sign-up, Text Program text messages may only be sent between the hours of 9 a.m. and 7 p.m. in the recipient’s time zone, unless responding specifically to a text message sent by the customer outside of those hours (i.e., a confirmation of a STOP request).

If a text is not received by the recipient because a telephone number has been disconnected, then further text messages to that number should be opted-out as the number may have changed hands.

Records of customers’ opt-ins and opt-outs to the Text Program must be maintained for at least four (4) years.

Be aware of opt-out requests other than those conveyed via text.If a customer calls Rombauer’s customer support 800 number and asks for texts to stop, that will also be treated as an opt-out request from the customer.If an email/letter to Customer Service asks for texts to stop, that will also be treated as an opt-out request from the consumer.

Any of the above opt-outs should NOT trigger a “STOP” confirmation text message – the number should simply be marked as an opt-out and removed from further communications. But if the opt-out request came in through writing (letter/email), then a response letter/email should be sent confirming the opt-out.

X. BUSINESS-TO-BUSINESS CALLS/TEXTS

Calls/Texts to Verified Numbers Only

Employees are authorized to place business-to-business marketing-related calls or texts only to numbers in the following categories that are not on Rombauer’s DNC List:

were provided by an inquiry within the past 30 days, or

are published (online, in a directory, or in other written sources) as a business’s telephone number, or

were provided by a past business customer within the past 18 months.

Should any recipient ask for calls to stop, or respond STOP (or a similar “stop” messaging word) to a marketing text chain, then marketing calls/texts must stop and the number must be put on the Rombauer DNC List for marketing calls.

EXHIBIT A:

ROMBAUER TEXT PROGRAM TERMS OF USE

These Text Program Terms of Use (“Text Program TOU”) govern your use of the text messaging information and marketing program (the “Program”) provided by ROMBAUER VINEYARDS (“Company”). Please read this Text Program TOU carefully. By opting into the Program, you agree to this Text Program TOU, the Company’s online PRIVACY POLICY and the Company’s overall TERMS OF USE, as amended from time to time (collectively, the “Terms”). Your access to, and use of, the Program represents your agreement to this Text Program TOU.

IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS, SUBSCRIBE TO OR USE THE TEXT PROGRAM.

The Company’s Text Program is a recurring text marketing program that sends its users information on promotions and special offers. This information is delivered directly to their mobile phones, via SMS and/or MMS, and may be sent via autodialer or equipment that can sequence and select numbers.

By enrolling your phone number, you acknowledge that you are twenty-one years of age or older and you have the consent of the wireless account holder to enroll.

General Mobile Messaging Terms

When you provide the Company with your mobile phone number and join this Program, you are expressly agreeing that the Company may send marketing text messages (including SMS and MMS) to that phone number. You agree that messages may be autodialed or sent with a system that can select or sequence numbers. You also agree to pay the charges to your wireless bill or to have them deducted from your prepaid balance for this service.

The Company will send recurring marketing mobile messages per month depending on available offers/promotions/updates. Message and data rates apply. Reply STOP to cancel, HELP for help.

Consent is not required as a condition of purchasing any goods or services. You agree to notify the Company of any changes to your mobile number and update your subscription with the Company to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Stop Receiving Promotional Text Messages

To stop receiving promotional or account update text messages from the Company, simply text STOP to 866-280-2582. If you opt-out, you agree to receive a final text message confirming your opt-out.

Requirements

To take advantage of the Company’s text messaging marketing program, you must have a text messaging-enabled mobile device with a text messaging plan. The Company’s text messaging marketing program works with all major U.S. carriers including currently: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and a host of other smaller regional carriers.

Change of Terms

The Company reserves the right to modify this Text Program TOU by posting new versions on this website as well as the right to provide additional notices of significant changes. Your continued use of the Program following such changes constitutes your acceptance of those changes.

Questions / Comments / Concerns

Please direct all comments, questions or concerns regarding the Company’s text messaging program to sharejoy@rombauer.com or our toll-free customer support line at 866-280-2582.sharejoy@rombauer.com or our toll-free customer support line at 866-280-2582.