DATE LAST MODIFIED: July 25, 2018
Important Categories of Information for you to Know:
1. Who We Are.
Company makes the Website available for general information and opportunities to purchase certain machines, products and other related purposes, all as more fully described within the Website from time to time.
2. Information We Collect.
You are free to explore the Websites without providing any Personal Information. There are various areas within the Website or Services where you may be asked to enter information. In addition, when you use access the Website Company may receive and record information on our server logs from your computer or mobile platform, which may include your location. We do not sell or share any personal information about you to or with any person or organization except for the Permitted Uses. In addition, and not in limitation of the foregoing and subject to restrictions imposed under applicable law, information you enter through the Services may be shared with third party service providers with which Company has entered into a business relationship in order to make the Services available. In addition, Company may sell or disclose information gathered within the Services to third parties on an aggregated, non-identifiable basis.
(a) Information we receive from you. To use certain portions of the Website and/or to make certain purchases, you may need to provide certain information which may include, without limitation, your name, address, date of birth, phone number, e-mail address, credit card information and possibly other information.
(b) Other Information we get from your use of the Services. We may collect information about the Services that you use and how you use them.
(c) Information from the “Contact Us” section of the Website. You may contact Company through the “Contact Us” feature or other features. Participation in these areas is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us.
(d) Communication. We may at our discretion, but are not obligated to, monitor the communications that take place on our Service, such as messaging, in order to protect our users and monitor the effectiveness of our Service. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
(e) Information collected other sections of the Website. Company may, from time to time, make various resources available to you within the Website. At times we may collect personal information in connection with providing such services.
3. How your information is used and shared.
We use the information you provide to make the Website and Services available to you. Company may, subject to any restrictions imposed by applicable law, also share certain aggregated data with other third parties for general marketing and demographic purposes; however, this data does not include any of your personal identifying information.
Some portions of the Services may be offered in conjunction with partner companies, affiliates or other companies or websites with which we work. In order for us make these features available within the Services, it may be necessary for us to share your personal information with one of such entities. These parties are not allowed to use personally identifiable information except for the purpose of making such features available through the Services. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular feature.
In addition, Company may disclose account or other personal information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Company’s rights or property, the Services, other users or anyone else that could be harmed by such activities.
Company may use your personal information to make automated decisions.
(a) International Transfer of Information
To facilitate our global operations, we may transfer and access Personal Information from around the world, including the United States. If you are in the European Union, or other regions with laws governing data collection and use, by providing your personal data to us, you consent to the transfer to, processing, and storage of your personal information in the United States and other countries, the privacy laws of which may be considered less strict than those of your region. This consent applies in addition to other legal grounds for transfer, processing and storage of your Personal Information, such as for contract fulfillment purposes.
To the extent that Brian Benson Cellars is deemed to transfer Personal Information outside of the European Union we rely separately, alternatively, and independently on the following legal bases to transfer your information:
(b) Model Clauses
The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing email@example.com.
4. Cookies and Tracking Technology
We automatically collect certain types of usage information when you visit our Website or use our Service. For instance, when you visit our Website, we may send one or more cookies — a small text file containing a string of alphanumeric characters used by many websites — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information about your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject any cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
When you access the Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
When you upload photographs to the Website, those files may contain location information or other metadata. This metadata may be accessible to others if you share content on the Service. We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage and demographic patterns on our Website and our Service; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service.
We may permit third party ad networks, social media companies, and other third party services to collect information about browsing behavior from visitors to our Service through cookies, social plug-ins or other tracking technology. We may permit third party online advertising networks to collect information about your use of our Website over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). Depending on your mobile device, you may not be able to control tracking technologies through settings.
5. Reviewing, Correcting and Removing Your Personal Information
If you provide us with your Personal Information, you have the following rights with respect to that information:
- To review the user information that you have supplied to us
- To request that we correct any errors, outdated information, or omissions in user information that you have supplied to us
- To request that your user information not be used to contact you
- To request that your user information be removed from any solicitation list that we use
- To request that your user information be deleted from our records
- To opt out of being solicited by the Websites or third parties
To exercise any of these rights, please contact us at firstname.lastname@example.org or by mail to Brian Benson Cellars, 2915 Limestone Way Paso Robles, CA 93446, Attention: Privacy. We will promptly change, correct, or delete your information.
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of the personal data is violating the GDPR.
6. Altering Information You Submit.
(a) Deleting your information. Federal and state regulations may require that we store questions or submissions for various periods of time. In order to comply with these regulations, we may be unable to delete information from our databases.
(b) Altering Information. Company may alter, modify or delete any information you submit through the Website if it believes, in its sole discretion, it is necessary or desirable to do so.
(c) Request to stop receiving emails from us. Periodically, Company may send you emails to alert you to various new features within the Services. If you do not wish to receive any of these offers, please send an e-mail to email@example.com to remove yourself from our mailing list.
Although Company has taken reasonable measures to ensure that your personal information is delivered and disclosed securely, Company cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
Storage and Processing
We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you via the Website or Services may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.
The Company does not respond to Do Not Track signals and/or other mechanisms that provide consumer choice about tracking.
PRIVACY STATEMENT FOR DATA SUBJECTS WHOSE PERSONAL INFORMATION MAY BE COLLECTED IN THE EUROPEAN UNION
EU General Data Protection Regulation (“GDPR”). Brian Benson Cellars, as global brand, may interact and, either directly or indirectly, process personal information from individuals within the European Economic Area (“EEA”) and transfer personal information from individuals (“Data Subjects”) located within the EEA. Personal information that may be collected by us from a Data Subject in the EEA may include:
- PHONE NUMBER
- EMAIL ADDRESS
- BUSINESS NAME
- BUSINESS ADDRESS
- PAYMENT INFORMATION
- OTHER DATA ELEMENTS
Information that we collect may be transferred outside of the EEA, including to countries, such as the United States, which have not been deemed as having “adequate” security measures by the European Commission.
Lawful Grounds to Process and Obtain Consent. Data subjects whose personal information is collected in the EEA may withdraw consent at any time where consent is the lawful basis for processing his/her information. Should a Data Subject withdraw consent for processing or otherwise object to processing that impedes Brian Benson Cellars’s ability to comply with applicable regulations, the Data Subject may be unable to avail him/herself of the services that Brian Benson Cellars provides.
Data Subjects’ Rights. All individuals whose personal information is held by Brian Benson Cellars have the right to:
- ask what information Brian Benson Cellars holds about them and why;
- ask for a copy of such information or access to such information;
- be informed how to correct or keep that information up to date; and
- be informed on how Brian Benson Cellars is meeting its data protection obligations.
Furthermore, for data collected in the EEA, data subjects have the right to:
- ask for a copy of such information to be sent to a third party;
- ask for data to be erased if possible and required under the GDPR;
- ask for processing of personal information to be restricted if possible and required under GDPR;
- object to processing of personal information if possible and required under GDPR;
- object to automated decision-making where applicable; and
- contact a supervisory authority in the EEA to lodge a complaint regarding Brian Benson Cellars’s processing of your personal information.
AUTOMATED DECISION-MAKING. Brian Benson Cellars will not engage in automated decision-making activities.
NON-DISCLOSURE OF INFORMATION. Brian Benson Cellars does not share any personal information with any nonaffiliated third parties, except in the following circumstances:
- as necessary to provide the service that the customer has requested or authorized, or to maintain and service the customer’s account;
- as required by regulatory authorities or law enforcement officials who have jurisdiction over Brian Benson Cellars and its affiliates or as otherwise required by any applicable law; and
- to the extent reasonably necessary to prevent fraud and unauthorized transactions.
Brian Benson Cellars and its affiliate partners are prohibited from disclosing personal information to any person or entity outside Brian Benson Cellars, including family members, except under the circumstances described above. Brian Benson Cellars affiliate partners are permitted to disclose personal information only to such other employees who need to have access to such information to deliver our services to the customer.
Brian Benson Cellars Contact Information for Persons Located Within the EEA. If you are located in the European Economic Area (“EEA”) or Switzerland and have questions or concerns regarding the processing of your personal information, you may contact us at: firstname.lastname@example.org; or write to us at:
2915 Limestone Way
Paso Robles, CA 93446
If, as an EEA Citizen, you believe that Brian Benson Cellars has not adequately resolved any such issues, you have the right contact the applicable EU Data Protection Supervisory Authority.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.