ONLINE PRIVACY NOTICE

Subject to applicable law, when we rely on our legitimate interest as legal basis for the processing, we carry out a balancing test to ensure that your interests and fundamental rights and freedoms are not overridden by our interests.

HOW WE DISCLOSE YOUR PERSONAL INFORMATION FOR OUR BUSINESS AND COMMERCIAL PURPOSES

Business Partners. We disclose Personal Information to our business partners acting as data controllers in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing or promotional activities.

Service Providers. Many of the third parties we work with are service providers that collect and process your Personal Information to perform functions on our behalf as data processors (e.g., hosting or operating our Services, sending email marketing communications, carrying out sweepstakes, special offers, or promotions, processing job applications, data analysis and other business support services). To the extent required by law, we do not authorize service providers to use your Personal Information for purposes other than for which it was provided or collected, and do not authorize service providers to disclose that Personal Information to unauthorized parties. We require service providers to maintain appropriate security to protect your Personal Information from unauthorized access or processing.

Third Party Vendors. Some of the third parties we work with independently control as data controllers the purposes and means of processing your Personal Information. For example, we disclose Personal Information to credit card or other payment processing companies, ad networks or marketing technology providers, and other third parties.

As Required or Appropriate by Law. We may disclose your Personal Information to regulatory authorities, courts, government agencies and other third parties acting as data controllers where we believe that doing so would be in accordance with or permitted or required by any applicable law, regulation or legal process, to defend the interests, rights, and/or property of us or others, or to respond to emergencies.

Business Transfers. We may transfer your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

At Your Direction or With Your Consent. In addition to the above circumstances, we may disclose your Personal Information to other parties as directed by you or subject to your consent.

COOKIES AND OTHER TRACKING TECHNOLOGIES

When you use our Services, we, our service providers, and third parties (such as advertising networks, analytics providers, demand side platforms, and social media networks) we work with, collect Personal Information about you through cookies and similar technologies, as described below. You can control and adjust your cookie and tracking technology preference settings as further detailed below in this section.

Cookies and Pixels

A cookie is a small text file saved on your device or browser when you visit a website, open or click on an email, or interact with an advertisement. Some cookies are necessary for the functioning of our Services, these are known and strictly necessary cookies, and others are not required for full functionality of our Services, these are known as non-essential cookies. Some cookies are persistent cookies which remain on your device until you delete them, and other cookies are session cookies which are automatically erased when you exit your Internet browser. We incorporate both first party cookies (which are cookies served directly by us) and third-party cookies (which are cookies served by third parties we work with).

Pixels (also known as web beacons) are code embedded within a service. There are various types of pixels, including image pixels (which are one-pixel transparent images) and JavaScript pixels (which contain JavaScript code). Pixels are often associated with cookies and are used for similar purposes but are not always browser based. When you access a Service that contains a pixel, the pixel may permit us or a third-party to drop or read cookies on your browser or collect other information about your browser or device.

We use cookies and pixels for a variety of purposes, including to:

• Help make our Services work;

• Power age gating on all of our sites to ensure you are of legal drinking age; 

• Honor your cookie preference settings; 

• Provide us with analytics about our Services, including by counting visits and traffic;

• Save your preferences and personalize your browsing experience and the content recommended to you;

• Support security measures and prevent fraud, such as requiring re-login into your account;

• Provide additional functionality, such as videos and links to third party social media platforms; and

• Identify audiences for and deliver advertising, including targeted advertising.

Our cookie preference center allows you to control your cookie settings on our websites, except for strictly necessary cookies, which cannot be adjusted, as they are necessary to access and use our Services. You can access the cookie preference center for each website via the cookie banner available on each website.

Our websites are configured to honor Global Privacy Controls (“GPC”) and other do not track features to the extent required by law. In addition, you can set your device or browser to accept or reject most cookies, or to notify you in most situations that a cookie is offered so that you can decide whether to accept it.

Please note, your cookie preference settings apply on a per site and per browser basis. So, if you use multiple browsers or visit multiple of our brand websites, you will need to manage your preferences for each browser and manage your cookie preference settings for each website. Additionally, if you reset or clear cookies on your device, you will undo the preferences you previously elected on each of our websites. To re-elect these preferences, you will need to revisit the cookie preference center on each website. If you block cookies, certain features on our Services may not function. If you reject all cookies and tracking technologies, you will not receive any targeted advertisements based on your browsing activities and interests, but you may continue to receive general advertisements for our products based on other interactions you have with our Services. To learn more please refer to the Advertising section below. Your ability to limit certain cookies is subject to your browser settings and limitations.

Third party applications and APIs

We also offer and deliver services, content or interactive features through and/or using third-party application programming interfaces (“API”), gadgets, and/or extensions that are hosted on our Services or through other third-party platforms. When you use these services, content, or interactive features, or otherwise connect with, or "accept" or "allow" any third-party applications, networks, platforms, or services via our Services, you are authorizing those third parties to receive your information and additionally to potentially share any or all your information with us, based on your privacy or other settings on the particular third-party platform. Any information we receive by these means will be treated and/or processed according to this Privacy Notice

Advertising

We use information to advertise our products and services. We have various service providers and/or third-party vendors such as ad agencies, ad networks, publishers, social media platforms, and technology providers that may be involved in this process. For example, we place ads on third party publisher websites and social media platforms. These ads incorporate tracking technologies to help serve the ads, measure their performance, detect ad fraud, limit the frequency of ads shown, and provide insights.

Some of the advertising we engage in may be “targeted advertising,” which is the practice of displaying more relevant or personalized ads based on insights gained about your preferences or interests from your browsing activity across non-affiliated services. As part of this process, we may directly or via a service provider or third-party vendor, place or recognize tracking technologies on your browser or device when you visit or use our Services. For example, we may incorporate the Meta pixel into our Service to serve ads to audiences created by Meta based on the data we provide.

We also use audience modeling services, (a type of targeted advertising) to reach Users (or similar audiences) who have interacted with our Services or are identified in one or more of our databases (‘matched ads’).  We do this by providing a list of hashed (pseudonymized) email addresses to a service provider or third-party vendor or by incorporating a pixel they provide us into our own Services, which is then used to match common factors between our data and their data.

The service providers and third-parties that we engage for the above-described purposes include, but are not limited to, The Trade Desk, Meta, and Google. For details on third-party data practices, we encourage you to familiarize yourself with and consult their privacy policies and terms of use.

Some of these third-parties that we engage may participate in the following self-regulatory programs, which each offer their own opt-out tools for targeted advertising. For details, please click on the relevant links below. We are not responsible for the effectiveness of their tools. 

• Networking Advertising Initiative (U.S. Only)

• Digital Advertising Alliance (U.S. Only)

Also, note that on some platforms (like Apple iOS), we will only receive access to your device’s Ad ID if you provide consent via that platform. You can reset your device’s Ad ID through your device settings, which is designed to limit how your Ad ID can be used. You may also be able stop the collection of any new information within an application by uninstalling the application.

We may also disclose and otherwise process aggregated information or de-identified information that does not identify you individually to other parties. For example, we may disclose aggregated statistics about pages viewed on our websites or Services, demographic information and sales, and other shopping information to third parties to enrich your visitor experience.

OTHER CHOICES AND RIGHTS

Jurisdiction-Specific Privacy Rights

Where required by applicable law (such as the EU General Data Protection Regulation or various state privacy laws in the United States), you may have the right to obtain confirmation that we maintain certain Personal Information relating to you, to verify its content, origin, and accuracy, as well as the right to access your Personal Information, request their update, integration or completion, request deletion or portability of your Personal Information You may also object to the processing of your Personal Information or request restriction of the processing, including for targeted advertising, as well as withdraw your consent to the processing of Personal Information (without affecting the lawfulness of processing based on consent before its withdrawal). Additionally, in certain jurisdictions you may have the right to opt-out of the “sale” of your Personal Information, as the term is defined under applicable law. You can exercise your rights by contacting us as detailed under the "Contact Us" heading below.

In some jurisdictions, you can designate an authorized agent to make a request on your behalf. We will comply with your request as soon as reasonably practicable and as required by applicable law. Please note that we may need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law. In any event, should you choose to exercise any of your rights as detailed above, we will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of products, based solely upon this request. You may also have the right to lodge a complaint with the relevant data protection supervisory authority. You always have the right to object to the processing of your Personal Information for direct marketing purposes at any time.

In certain jurisdictions, if we refuse to take action on a request, you may appeal our decision within a reasonable period of time by contacting us as outlined below in the “Contact Us” section and specifying you wish to appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint to the appropriate regulatory authority for your jurisdiction.

OPT-OUT OF SALE, SHARING, AND TARGETED ADVERTISING

You may have the right to opt-out of the sale or sharing (as those terms are defined by applicable law), or the processing of your Personal Information for targeted advertising purposes. To exercise this right, you can access our cookie preference center for each of our websites and adjust your cookie settings, except for strictly necessary cookies, which cannot be adjusted. You can access the cookie preference center for each website via the cookie banner available on each website. Please note that when you opt-out we do not know who you are within our systems, and your opt-out only applies to information collected through tracking technologies on the specific sites you are visiting. If you delete or reset your cookies, or use a different browser or device, you will need to reconfigure your cookie settings in the cookie preference center for each website you visited. We will address your request in accordance with applicable law.

Communications

• Email.  When you sign up for email marketing communications with any of our brands, you consent to the use of your email address for purposes consistent with this Privacy Notice, including marketing and analytics, receiving targeted advertising and conversion of your email address into pseudonymized unique identifiers (’AD ID’ or ‘Universal ID’) for certain advertising purposes.  If you no longer wish to receive email marketing communications from us, you may ‘unsubscribe’ by using the method provided in our marketing emails. 

• Text Messages. We will only send you marketing text messages if you have provided us with your phone number directly and expressly consented to receive such communications. When you sign up for text message marketing communications with any of our brands, you consent to use of your phone number for purposes consistent with this Privacy Notice, including conversion of your phone number into pseudonymized unique identifiers (‘Ad ID or ‘Universal ID’) for certain advertising purposes.   If you no longer want to receive text messages from us, reply STOP (or as otherwise instructed) in the text message.

Account Management

If you have created an online account with us and would like to update or delete the information you have provided to us, you can make changes by visiting your account settings. Please note that we will retain Personal Information in accordance with our data retention practices and as required by law.

Browser or Device Controls

For choices relating to cookies and tracking technologies, see the “Cookies and Similar Technologies” section above.

SECURITY OF YOUR PERSONAL INFORMATION

We take commercially reasonable technical, administrative, and physical security measures to protect your information, including generally accepted industry standards to protect the information submitted to us during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure, so we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please contact us immediately as detailed under the "Contact Us" heading below.

RETENTION OF YOUR PERSONAL INFORMATION

We typically retain Personal Information related to marketing activities for as long as you accept marketing communications from us, and upon request we will securely delete such information in accordance with applicable law. For Personal Information that we collect and process for other purposes described above, we typically retain such Personal Information for no longer than for the period necessary to fulfill the purposes outlined in this Privacy Notice and as otherwise needed to address our legal rights and obligations.

INTERNATIONAL TRANSFERS

Some of the parties identified above may be located in countries that do not provide an equivalent level of protection as your home country. Where required, we have taken appropriate measures to allow and secure the transfer of information about you to these recipients for the purposes described above and in order to comply with local data privacy laws. With respect to transfers originating from the European Economic Area ("EEA"), Switzerland, and the United Kingdom ("UK") to third countries, we implement standard contractual clauses approved by the European Commission or the equivalent regulatory body in other jurisdictions, and other appropriate solutions to address cross-border transfers as required by applicable law. You can at any time contact us as indicated in the below section Contact Us to receive the updated list of countries where we may transfer personal data and where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us as detailed below.

LINKS TO OTHER WEBSITES

Our Services may contain links to other third-party websites or services that are not owned or controlled by us. This Privacy Notice only applies to information collected by our Services. We have no control over these third-party websites, and your use of third-party websites and features are subject to privacy policies posted on those websites. We are not responsible or liable for the privacy or business practices of any third-party websites linked to our Services. Your use of third parties' websites linked to our Services is at your own risk, so we encourage you to read the privacy policies of any linked third-party websites when you leave one of our Services.

NO DATA COLLECTED FROM CHILDREN/MINORS/THOSE UNDER THE LEGAL DRINKING AGE

Our Services are intended only for those of legal drinking age, and we do not knowingly collect information from individuals under the legal drinking age in the applicable jurisdiction, including from children or minors. If we have actual knowledge that information about a child has been collected, we will take the appropriate steps to delete the information.

INFORMATION FOR CALIFORNIA RESIDENTS

If you reside in California, we are required by the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”) (collectively, “California Privacy Law”) to provide you with information about how we use and disclose your Personal Information, and you may have certain rights with regard to your Personal Information. We have included this California-specific information below.

CA Personal Information. We may collect certain categories and specific pieces of information about individuals that are considered "Personal Information" in California ("CA Personal Information"). Specifically, we may collect the following categories of CA Personal Information: identifiers, customer records information, commercial information, internet or other electronic network activity information, and inferences.

Sources of CA Personal Information. We may collect this CA Personal Information from you and other third parties such as service providers, business partners, or other third part vendors.

Purposes of Collection. We collect and use CA Personal Information as follows: 

• Business Purposes

• Provide you with information, services, and products offered on or through our Services, including products from across our portfolio of brands that we believe you might be interested in; 

• Develop new products and services; 

• Provide, with your consent, information, services, and products to you; 

• Respond to or follow-up on your comments, inquiries, or other requests; 

• Communicate with you about your account or use of our Services; 

• Improve the quality of our websites, services, and products, and tailor them to your preferences;

• Verify that you are of legal drinking age; and

• Comply with our company policies and procedures, for accounting and financial purposes, and as otherwise consented to by you and as required or permitted by law.

• Commercial Purposes 

• Track responses to our emails and advertisements and to measure the success of our marketing campaigns; 

• Administer any applicable loyalty programs the Company develops;

• Communicate with you about special offers and other marketing communications; 

• Provide location-based services and content, as well as to understand traffic patterns in and around our retail locations; and 

• For targeted advertising purposes.

Disclosure of CA Personal Information. We do not sell your CA Personal Information as that term is traditionally understood. However, some of our disclosures of CA Personal Information may be considered a “sale” or “share” as those terms are defined under California Privacy Law. Under California Privacy Law a “sale” is broadly defined to include a disclosure for something of value, and a “share” is broadly defined under to include a disclosure for cross-context behavioral advertising. We disclose your CA Personal Information as follows: 

• Disclosing your CA Personal Information for Business Purposes. We may disclose the above categories of CA Personal Information to service providers, third-party vendors, business partners and other third parties, as required by law, related to a legal proceeding, related to a transactional business event, or with your consent, for any of the Business Purposes described above.

• Disclosing your CA Personal Information for Commercial Purposes. We may share the above categories of CA Personal Information with service providers, third-party vendors, business partners, or to other third parties with your consent, for any of the Commercial Purposes described above.

We do not knowingly disclose the CA Personal Information of individuals under 16 years of age, in a manner that constitutes a "sale" under California law.

CA Sensitive Personal Information

Certain CA Personal Information that we collect about you may be considered sensitive personal information within the meaning of California Privacy Law, including credit card information (for billing and transactional purposes in connection with providing products and services). We only use and disclose sensitive personal information as necessary in connection with the performance of services and the provision of goods, compliance with federal, state, or local laws, and as otherwise permitted by California Privacy Law.

Retention of CA Personal Information

We retain your CA Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you; (ii) as required by a legal obligation to which we are subject to; or (iii) as advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations).

Your Rights under California Law

Subject to certain exceptions detailed in California Law and other applicable laws and regulations, as a California resident, you have the right to: (i) request to know/access your CA Personal Information, including the specific pieces and the categories of CA Personal Information we have collected or shared about you and the categories of sources from which we have collected the CA Personal Information; (ii) request deletion of your CA Personal Information; (iii) receive information about the CA Personal Information about you that we have "sold" to (as such term is defined under California Law) or “shared” with  third parties within the past 12 months, including the categories of third parties; and (iv) request correction of your CA Personal Information; and (iv) opt-out of the “Sale” or “sharing” of your CA Personal Information, as such terms are defined under California Privacy Law.

Exercising California Consumer Rights.

If you are a California resident and wish to request the exercise of these rights as detailed above or have questions regarding the CA Personal Information collected or shared with third parties, please email us at info@fosforomezcal.com (U.S).

• You may be asked to provide additional proof of identification so that we can verify your identity and validate the request. 

• Please note that you are limited by law in the number of requests you may submit per year. In some instances, we may decline to honor your request. For example, we may decline to honor your request if we cannot verify your identity or confirm that the CA Personal Information that we maintain relates to you. In other instances, we may decline to honor your request where an exception under California privacy laws applies, such as where the disclosure of California Personal Information would adversely affect the rights and freedoms of another consumer. 

• In any case, we will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of products, based solely upon this request.

Authorized Agents

To the extent that you elect to designate an authorized agent to make a request on your behalf, they must provide appropriate documentation including written signed permission from you, proof of your identity, and verification of their identity; or a valid, designated power of attorney as defined under the California Probate Code.

Do Not Track

Your browser or extension may allow you to automatically transmit Do Not Track signals. Except as outlined in this Privacy Notice or as required by law, we do not respond to such signals.

CA Shine the Light

We do not disclose personal information to third parties for such third parties use for direct marketing purposes. Under California’s Shine the Light law, customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To make a request, please email us at the address set out in the “Contact Us” section below and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

Notice of Financial Incentive

We may provide price discounts, coupons, services, and other perks for consumers who have opted in to our marketing email lists, members of our wine clubs and other future loyalty programs, or users participating in any of our sweepstakes or promotions. Through these offerings, consumers may provide us with any or all of the categories of CA Personal Information set out above depending on how they choose to interact with us when and after they opt-in to our programs. There is no obligation to opt-in and consumers may opt-out at any time. The details of each program are contained in the program offering.  Because these program offerings involve the collection of CA Personal Information and offering of certain benefits, they may be interpreted as a “financial incentive” program under CA law.

The value of any financial incentive we offer is reasonably related to the value of any CA Personal Information you provide to us. The precise value of the CA Personal Information collected will vary and is dependent on a number of factors, including, for example, whether and to what extent you take advantage of any offerings, whether and to what extent you opt out of any offerings, and whether we are able to enhance the data through our efforts described in this Privacy Notice.

INFORMATION FOR MEXICO RESIDENTS

Exercising Your Access, Rectification, Cancellation and Opposition ("ARCO") Rights

You can exercise your ARCO rights by contacting us at: info@fosforomezcal.com. If you are in Mexico, please confirm: (i) name of the data subject and email address or means to communicate the respective response; (ii) documents proving your identity, or the identity of your Authorized Agent; (iii) clear and precise description of the personal data in respect of which you seek to exercise any of your ARCO rights; and (iv) documents or information that facilitate the location of the respective personal data.

Authorized Agents

To the extent that you elect to designate an authorized agent to make a request on your behalf, they must provide appropriate documentation including written signed permission from you, in compliance with Mexican laws, proof of your identity, and verification of their identity; or a valid, designated power of attorney as required by the Mexican Civil Code.

CHANGES TO THIS PRIVACY NOTICE

Except to the extent limited by applicable law, we reserve the right to update this Privacy Notice to reflect changes to our information practices by prominently posting notice of the update on our Services. Any updates will become effective immediately after posting the updates to the Privacy Notice and apply to all information collected about you. If we make any changes to this Privacy Notice that materially impact previously collected information about you, we will, to the extent that we have your email address, notify you by email.

CONTACT US

If you have any questions about this Privacy Notice or information we have collected about you, or to exercise your rights as detailed above, please contact us by email at info@fosforomezcal.com.