Privacy policy
Last Updated: April 9th 2026
MOTH DRINKS, INC. (“MOTH DRINKS”, “Company”, “we”, “our”, or “us”) respects your privacy and is committed to protecting it through compliance with this privacy policy (the “policy”). This policy describes the types of personal information we may collect from you (the “user” or “customer”) or that you may provide when you visit our U.S. website located at https://us.mothdrinks.com/ (the “Website”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
· On our Website.
· When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
· When you contact customer service or submit inquiries by email.
· When you interact with our social media accounts.
· When you purchase products through our Website.
· When you participate in promotions.
It does not apply to information collected by:
· Us through any other means, including on any other website operated by us or by any third party (other than as expressly provided in this policy), including through any application or content (including advertising) that may link to or be accessible from or through the Website. It also does not apply to personal information collected from our job applicants, employees, or similar individuals.
Please read this policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy[DH2] below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including:
· By which you may be personally identified, such as your name, email address, shipping and billing address, telephone number, date of birth, payment information, and any other identifier by which you may be contacted online or offline (“personal information”);
· That is about you but does not directly identify you, such as aggregated, deidentified, or statistical data derived from your use of the Website; and/or
· About your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
· Directly from you when you provide it to us.
· Automatically as you interact with and navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
· From third parties such as our business partners and service providers (including AccelPay, our checkout platform provider), and other sources.
See below for more details about the information we collect and how we collect it.
Information You Provide to Us
The information we collect on or through our Website that you provide may include:
· Customer information you provide when you make purchases through our Website using the AccelPay tools, including your name, email address, billing and shipping address, phone number, and date of birth (for age verification), as well as related transactional and commercial information relating to your purchases, such as records or products purchased or considered.
· Information you provide by filling in forms on our Website, such as when you sign up for our mailing list, when you choose to participate in special events or programs such as contests, sweepstakes, or other promotions that may be sponsored by us, and when you report a problem with our Website.
· Records and copies of your correspondence (including email address), if you contact us.
· Your responses to surveys that we might ask you to complete for research purposes.
· Your search queries on the Website and records of products considered.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
· Details of your visits to our Website and how you interact with it, including date and time of connection or browsing, traffic data, logs, and other communication data, the resources that you access and use on the Website, the pages or products you view and your search terms, information about your computer and internet connection, including your IP address, operating system, version of web browser, and language, time zone, location data, and geolocation.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services. See Behavioral Advertising and Targeted Marketing below.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our Website according to your individual interests.
· Speed up your searches.
· Recognize you when you return to our Website.
· Provide you with targeted advertisements or marketing communications we believe may be of interest to you.
The technologies we use for this automatic data collection may include cookies, log files, web beacons, pixel tags, and similar technologies. Cookies are small files placed on your device. You may refuse to accept cookies by activating the appropriate setting on your browser or device. However, if you select this setting, some parts of our Website may be inaccessible or not function properly. To the extent any of these automated technologies are considered a personal information sale, targeted advertising, or profiling under applicable law, depending on where you live, you may opt out of such uses as described in the Choices About How We Use and Disclose Your Information section below.
Other Sources of Personal Information
We may obtain information about you from social media platforms and networks, and from other sources such as data analytics, marketing, advertising, and other service providers, as well as our vendors and business partners, including our checkout platform provider. See Information We Receive from Our Checkout Platform Provider below.
Information We Receive from Our Checkout Platform Provider
Our Website includes an integrated online store that allows you to purchase our products. This store is operated and managed by our third-party checkout platform provider, AccelPay (Paiseh, Inc., d/b/a AccelPay) (“AccelPay”). All purchases through our Website are powered and processed by AccelPay and its network of independent, licensed third-party retailers. Please see our Terms and Conditions[DH3] to learn more about how AccelPay operates the store.
When you purchase products through our Website, AccelPay collects personal information on our behalf as our service provider (data processor) to process and fulfill your order. AccelPay acts solely under our instructions in accordance with our Data Processing Agreement and is not permitted to use your personal information for its own purposes beyond the services it performs for us. The personal information collected in connection with a purchase may include:
· Contact information. This may include your name, email address, billing address, shipping address, and phone number.
· Order details. This may include details about the products you purchased, your order date, the transaction amount, the fulfillment of your order, and other transaction details.
· Payment information. This includes your payment card details or other payment method information. Note: we do not directly collect or store your complete payment card information. AccelPay handles all payment processing in a PCI-compliant manner, using tokenization.
AccelPay shares certain personal information with us to allow us to manage our business, for marketing purposes, and to assist with customer service. The information shared with us includes your contact information and order details, but it does not include your complete payment card details.
Please see AccelPay’s own privacy policy at https://www.accelpay.io/company/privacy-policy to learn more about how AccelPay collects, uses, and discloses your personal information in connection with its own services and platform. Please review AccelPay's Terms of Service located at https://www.accelpay.io/company/terms.
Children and Minors
Our Website is intended for individuals 21 years of age and older. Our Website is not intended for children under the age of 13, and we do not knowingly collect any personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: info@mothdrinks.com.
If you are a Florida resident, please note that Florida's Digital Bill of Rights defines children as individuals under the age of 18. Accordingly, we do not knowingly collect personal information from Florida residents under the age of 18. If we learn we have collected personal information from a Florida resident under 18, we will delete that information.
Residents of certain states who are 13 to 17 years of age may have additional rights regarding the use of their personal information for targeted advertising, profiling, or sales of personal information. Please see Your State Privacy Rights for more information.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on our Website are served by third parties. These third parties may use cookies and other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
How We Use Your Information
We may use information that we collect about you or that you provide to us, including any personal information, for the following purposes:
· To present our Website and its contents to you.
· To allow our checkout platform provider to fulfill and manage purchases, orders, deliveries, and payments, including purchases made through our Website with its third-party integrated tools.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
· To notify you about changes to our Website or any products or services we offer or provide through it.
· To allow you to participate in special features or programs on our Website.
· To improve our products and services, marketing and advertising, and user relationships and experiences.
· To operate our Website, administer our systems, conduct internal operations, and perform data analytics, including for troubleshooting, accounting, auditing, analysis, testing, research, statistical, survey, safety, and security purposes.
· To engage in corporate transactions requiring review of consumer records, such as for evaluating potential Company mergers and acquisitions.
· To fulfill the purposes for which you provided your personal information, or that we described to you at the time of collection, and as applicable law otherwise permits.
· To protect our Company, employees, or operations, and to comply with all applicable laws and regulations.
· For any other purpose with your consent.
We may also use your personal information to provide you with targeted advertisements or marketing communications about our products and services that we believe may be of interest to you. If you do not want us to use your information in this way, please see Choices About How We Use and Disclose Your Information below.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated or deidentified information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect, or that you provide (as described in this privacy policy) to advance our business and commercial purposes, as follows:
· To our subsidiaries and affiliates.
· To contractors, service providers, and other third parties we use to support our business, including but not limited to AccelPay (our checkout platform provider), Klaviyo, Meta, Google, and Hotjar, who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.[DH4]
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users and customers is among the assets transferred.
· To third parties to market their products or services to you if you have consented to these disclosures. We contractually require any such third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
· To fulfill the purpose for which you provide it or that we described to you at collection, or with your consent.
We may also disclose your personal information:
· To comply with any court order, law, or legal process, including to respond to any law enforcement, government, or regulatory request.
· To enforce or apply our Terms & Conditions [DH5] and other agreements.
· If we believe disclosure is necessary or appropriate to protect, exercise, or defend the rights, property, or safety of the Company, our customers, or others.
The categories of personal information that we may disclose in the circumstances described above may include: names; email addresses; shipping and billing addresses; phone numbers; date of birth; order and transaction details; purchase history; payment information (tokenized); delivery information; device information, including IP addresses; and any other information by which a user may be identified or contacted.
Behavioral Advertising and Targeted Marketing
We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example, we use Google Analytics to help us understand how our customers use the Website.
You can read more about how Google uses your personal information here: https://policies.google.com/privacy?hl=en. You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
We share information about your use of the Website, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
This includes Meta and Klaviyo. We use Hotjar analytics to help improve usability and the customer experience. Hotjar may record mouse clicks, mouse movements, and scrolling activity, and may record keystroke information that you voluntarily enter on this Website. To view and manage data that Hotjar has collected about you, or to opt out of future tracking, please visit: https://www.hotjar.com/legal/policies/privacy/.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at: http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
See Choices About How We Use and Disclose Your Information below for more information about the choices you may have regarding the collection and use of your personal information.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
· Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly.
· Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by emailing info@mothdrinks.com.
· Marketing and Promotional Emails from the Company. If you do not wish to have your contact information used by the Company to promote our own products or services, you can opt out at any time by emailing info@mothdrinks.com. If we have sent you a promotional email, you may click on the “unsubscribe” link at the bottom of the email or send us an email asking to be removed from future email distributions. This opt out does not apply to non-promotional emails such as those relating to product purchases.
· Targeted Advertising. If you do not want us to use personal information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target audience preferences, you can opt out as described below.
* FACEBOOK/META: Visit the Facebook Help Center and adjust your Ad Preferences here: https://www.facebook.com/help
* GOOGLE: Visit My Ad Center and adjust your ad settings here: https://myadcenter.google.com/personalizationoff
You can also opt out of certain advertising by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website: https://thenai.org/how-to-opt-out/. The NAI website also provides instructions for adjusting your privacy settings in popular browsers.
Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
Accessing and Correcting Your Personal Information
You may send us an email at info@mothdrinks.com to request access to, correct, or delete any personal information that you have provided to us directly. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. There are also exceptions to these rights under applicable law.
For personal information collected through the AccelPay tools in connection with purchases, you may also contact AccelPay regarding any rights you may have with respect to that data. Please see AccelPay's privacy policy for more information: https://www.accelpay.io/company/privacy-policy.
Residents of certain states may have additional rights relating to their personal information under applicable state law. Please see Your State Privacy Rights below.
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.
California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia each provide (currently or in the future) their state residents with certain rights regarding their personal information, including rights to:
· Confirm whether we process their personal information and, in some states, receive additional details about our processing.
· Access and delete certain personal information.
· Correct inaccuracies in their personal information, taking into account the information’s processing purpose (excluding Iowa and Utah).
· Data portability.
· Opt out of personal information processing for: targeted advertising, sales of personal information, or profiling in furtherance of decisions that produce legal or similarly significant effects (the scope of this right varies by state).
· Limit or opt out of (or require consent for) the processing of sensitive personal information.
The exact scope of these rights varies by state, and there are exceptions under applicable law. To exercise any of these rights, please contact us at info@mothdrinks.com. To opt out of the sale or sharing of your personal information, if this option is available to you under the laws of your state, you may also visit: https://us.mothdrinks.com/pages/ccpa-opt-out.
To appeal a decision regarding a consumer rights request, please send an appeal request by email to info@mothdrinks.com. You must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to your claim that our original decision should be reconsidered. Some states require us to provide you with a specific appeal procedure, and we will comply with any such requirements.
Nevada provides its residents with a limited right to opt out of certain personal information sales. Residents who wish to exercise this opt-out right may submit a request to: info@mothdrinks.com. However, please note that we do not currently sell personal information in a way that triggers that statute’s opt-out requirements.
Oregon, Minnesota, Maryland, Rhode Island, and Delaware each provide their residents with a right to obtain certain details relating to disclosures of their personal information to third parties. Residents of these states who wish to exercise such rights may submit a request to: info@mothdrinks.com.
California residents may have additional privacy rights. See Additional Information for California Residents below for more details.
Additional Information for California Residents
The California Consumer Privacy Act, as amended (the “CCPA”) requires us to disclose the following additional information with respect to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of this privacy policy. Any terms defined in the CCPA have the same meaning when used in this section.
This section does not apply to our collection and use of personal information of California residents in an employment capacity, nor does it apply to our collection and use of personal information from residents outside of California.
California Shine the Light
California’s “Shine the Light” law permits customers who are California residents to request certain information regarding our disclosure of personal information (if any) to third parties for their direct marketing purposes. For more information, please send an email to: info@mothdrinks.com.
Categories of Personal Information Collected[DH6] [PB7]
We may collect the following categories of personal information:
· Identifiers: including your full name, address, phone number, email address, date of birth, social media handle, or other similar identifiers.
· Personal information categories listed in Cal. Civ. Code § 1798.80(e) (California Customer Records): including name, address, telephone number, payment card details and other financial information (tokenized).
· Internet or other similar network activity: including browsing history, search history, and information regarding your interactions with our Website, emails, or advertisements.
· Geolocation data: including information that permits us to determine your general location, such as your IP address or, if you enable your device to send us location information, your precise geolocation.
· Payment and financial information: including tokenized payment card details and other payment method information, collected through AccelPay as described in Information We Receive from Our Checkout Platform Provider above. Note: this falls within the California Customer Records personal information category (Cal. Civ. Code § 1798.80(e)).
· Commercial information: including records of products or services you have purchased, ordered, or considered, and other purchasing or transaction histories.
· Characteristics of protected classifications: including age (collected for age verification purposes only).
We do not collect or process sensitive personal information as defined under the CCPA, except that date of birth collected for age verification may be considered a characteristic of a protected classification. We collect this information solely for the purpose of verifying that consumers meet the minimum age requirements for the purchase of alcoholic beverages, and do not use it to infer any other characteristics about consumers.
We typically retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law.
Sources of Personal Information Collected
We obtain the personal information listed above from the following categories of sources:
· Directly from you, such as from the forms or other information you provide when you make purchases through our Website using the AccelPay tools.
· Indirectly from you, such as from your interactions with the Website, social media platforms, and participation in promotions.
· Through automatic data collection technologies placed on the Website (whether by us or by third parties) or on third-party sites.
· From our service providers, such as AccelPay, data analytics providers, data brokers, and advertising networks.
For more details about these sources of personal information collected, please see Information We Collect About You and How We Collect It.
We collect and use personal information for the business or commercial purposes described in the How We Use Your Information and the Disclosure of Your Information sections above.
Personal Information Disclosed for a Business Purpose
In the preceding 12 months, we have disclosed the following categories of personal information to service providers and contractors for business purposes: Identifiers; California Customer Records personal information (Cal. Civ. Code § 1798.80(e)); Commercial information; Internet or other similar network activity; Geolocation data; and Payment and financial information. These disclosures were made to service providers including AccelPay (for order processing and fulfillment), Google (for analytics), Meta, Klaviyo, and Hotjar (for marketing and advertising analytics).
Additional Categories or Other Purposes
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. If required by law, we will also seek your consent before using your personal information for a new or unrelated purpose.
We may collect, process, and disclose aggregated or anonymized consumer information for any purpose, without restriction. When we collect, process, or disclose aggregated or deidentified consumer information, we will maintain and use it in deidentified form and will not attempt to reidentify the information, except to determine whether our anonymization processes satisfy any applicable legal requirements.
Your Rights Under the CCPA
Under the CCPA, you have the following rights regarding your personal information:
(i) Right to Know: the right to know what personal information we collect, use, disclose, or share, including the specific pieces of personal information collected about you.
(ii) Right to Delete: the right to request that we delete personal information we have collected from you, subject to certain exceptions under applicable law.
(iii) Right to Correct: the right to request that we correct inaccurate personal information that we maintain about you.
(iv) Right to Opt Out of Sale or Sharing: the right to opt out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising. To exercise this right, visit https://us.mothdrinks.com/pages/ccpa-opt-out or enable a Global Privacy Control signal on your browser.
(v) Right to Limit Sensitive Personal Information: the right to limit our use or disclosure of sensitive personal information to the purposes permitted under the CCPA.
(vi) Right of Non-Discrimination: the right not to receive discriminatory treatment for exercising any of your CCPA rights. We will not deny you goods or services, charge you different prices, provide a different quality of service, or suggest that you will receive a different price or quality because you exercised any of your privacy rights.
(vii) Authorized Agents: you may designate an authorized agent to submit a CCPA rights request on your behalf. Authorized agents must submit proof of the consumer's written permission along with the request. We may require the consumer to directly verify their identity and confirm the authorization.
We will respond to verifiable consumer requests within 45 days of receipt, as required by the CCPA, with the possibility of a single 45-day extension when reasonably necessary. We do not sell personal information for monetary consideration. However, we do share personal information with advertising partners (including Meta, Google, Klaviyo, and Hotjar) for cross-context behavioral advertising, which may constitute a “share” under the CCPA. In the preceding 12 months, the categories of personal information we have shared for this purpose include: Identifiers; Internet or other similar network activity; and Geolocation data. You may opt out of such sharing at https://us.mothdrinks.com/pages/ccpa-opt-out or by enabling a Global Privacy Control signal on your browser.
Consumers Under 16. We do not have actual knowledge that we sell or share the personal information of consumers under the age of 16.
Do Not Sell or Share My Personal Information. A “Do Not Sell or Share My Personal Information” link is available on our Website homepage. You may also submit an opt-out request at https://us.mothdrinks.com/pages/ccpa-opt-out or by contacting us at info@mothdrinks.com.
How to Submit a Request. To exercise any of the rights described above, you may contact us using any of the following methods: (i) by email at info@mothdrinks.com; or (ii) by submitting a request online at https://us.mothdrinks.com/pages/ccpa-opt-out. We will acknowledge receipt of your request within 10 days and respond within 45 days. If we need additional time, we will notify you of the reason and extension period.
Data Security
We have implemented commercially reasonable administrative, physical, and technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We also require our service providers, including our checkout platform provider, to maintain appropriate security measures consistent with applicable law.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. For details about the measures taken by AccelPay to secure your personal information, please see AccelPay’s own privacy policy at https://www.accelpay.io/company/privacy-policy.
How We Retain Your Personal Information
We keep the categories of personal information described in this policy for as long as reasonably necessary to fulfill the purposes described, or as otherwise legally permitted or required, including to comply with our legal obligations, resolve disputes, enforce our agreements, and maintain safety and security. When determining how long to retain personal information, we consider our legal and business obligations, the potential risks of harm, and the nature of the information. At the end of the applicable retention period, personal information will be deleted, destroyed, or deidentified.
Do Not Track and Global Privacy Control Signals
Please note that there is no consistent industry understanding of how to respond to “Do Not Track” (“DNT”) signals, which are different from Global Privacy Control (“GPC”) signals. We do not alter our data collection and usage practices when we detect a “Do Not Track” signal from your browser.
If you visit our Website with the Global Privacy Control (GPC) opt-out preference signal enabled, depending on where you are located, we will treat this as a request to opt out of activity that may be considered a “sale” or “sharing” of personal information or targeted advertising for the device or browser you used to visit our Website, as required by applicable law.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat your personal information, we will notify you by email to the email address associated with your account (if applicable) and/or through a notice on the Website home page. The date the privacy policy was last updated is identified at the top of the page. You are responsible for ensuring we have an up-to-date and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, or to exercise any rights described in this policy, please contact us by email at info@mothdrinks.com or by mail using the details below:
MOTH DRINKS, INC.
895 Broadway, 5th Floor
New York, NY 10003