The Foreign Affair Winery Limited respects your right to privacy when you use our digital media (such as our websites, our mobile applications, our pages on social networks, any online forms to register to our events), communicate electronically with us, and interact with us offline, such as by calling our offices or participating in a promotional event.
- What Personal Data do we gather about you and how do we collect it?
- How and why do we use tracking technologies?
- For what purposes do we use your Personal Data and on which legal grounds?
- What happens if you do not wish to provide your Personal Data?
- To whom do we disclose your Personal Data and why?
- Is your Personal Data sent to recipients located in other countries and why?
- How long do we keep your Personal Data?
- How do we secure your Personal Data?
- What are your rights regarding Personal Data?
- How do we process children’s Personal Data?
- How can you contact us or lodge a complaint to the relevant Supervisory Authority?
1. What Personal Data do we gather about you and how do we collect it?
Personal Data is collected only for the purposes set out in Section 3 below each time you participate in any of the features or services offered by us, including through our Digital Media (where we may notify you of additional purposes), where you participant in a contest, consider making or make a purchase through our online shops, book a tour, attend one of our events, or reach out to us in any other way. We may also collect Personal Data where we are otherwise permitted by law. Where you make a purchase, we may collect your payment information, such as your credit card number and expiry date. Where you attend one of our events, your photo or video may be taken, such as when you participate in a photo booth. When you make an inquiry or complaint to us, we will collect information in order to address any issues you have raised. “Personal Data” includes any information about an identifiable individual, and may include without limitation items such as your name, age, sex, marital status, home address and telephone number, and e-mail address, along with other information about you.
The types and amount of information collected for the above-mentioned features and services may vary depending on what information you choose to share about yourself.
Subject to applicable law requirements, we may use a variety of technologies that collect and provide information about how our Digital Media is accessed and used by you. We may also use demographic information about the users of our Digital Media, which we may obtain from third parties such as Google or social media that you use (“Usage Information“). Usage Information may consist of the pages you viewed, the time you viewed them, which beverage information or other content you accessed or provide, in what language, including demographic information about you (such as your age, gender and interest areas, where available) and what pages you looked at before viewing the current page, etc.
When we run a joint or co-sponsored program or promotion on our Digital Media or in person with another company, organization, or other third party, as part of this event, we may collect your Personal Data from our partner or sponsor, subject to your consent when required.
2. How and why do we use tracking technologies?
TFAWL uses tracking technologies such as cookies, IP Addresses or Log files. Tracking technologies help us tailor our Digital Media to your personal needs.
- An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet. We may keep track of Internet Protocol (IP) addresses to (among other things): (i) troubleshoot technical concerns, (ii) maintain website safety and security, (iii) restrict access to our Digital Media to comply with applicable law or contractual restrictions, and, (iv) better understand how our Digital Media is used.
- We (or a third party on our behalf) may collect information in the form of log files that record activity on the Digital Media and gather statistics about users’ browsing habits. These entries are generated anonymously, and help us gather (among other things) (i) a user’s browser type and operating system, (ii) information about a user’s session (such as the URL they came from, the date and time they visited our Digital Media, and which pages they’ve viewed on our Digital Media and for how long), and, (iii) other similar navigational or click-stream data. We also use information captured in log file for our internal marketing and demographic studies, so we can constantly improve and customize the online services we provide you. Log files are used internally only, and are not associated with any particular user.
- We (or a third party on our behalf) may collect your precise or general location from your device when you use a mobile application (including a mobile browser). We only collect this location information when you have enabled location services on your device.
3. For what purpose do we use your Personal Data and based on which legal grounds?
- We collect and use your Personal Data to:
Respond to your request of service or for the performance of a contract
- When you register or sign-up in our Digital Media (mobile app, websites, social media, etc.) or in person, your Personal Data is used to provide you with the relevant features and services you subscribe to, and to offer you the benefits and privileges that typically come along with your registration (e.g. receiving the communications you select at the time of registration, being invited to events, participating in a sweepstake, etc.). If you wish to unsubscribe from receiving promotional messages, the easiest way is using the preference manager at the footer of each promotional message we send. You can also contact our privacy officer using the contact information below.
When you purchase products on our websites: we use your Personal Data to manage your order and deliver your products.
Send you transactional or administrative communications: (e.g. confirmation emails when you sign up for, or unsubscribe from, a specific registration or activity), as well as certain service-related announcements (e.g., notices about updates to our privacy notices, discontinued features or programs on our Digital Media, changes to our online services or technical support policies, or other related changes), or respond to your inquiries or complaints.
Allow us to send you marketing information when you consent:
- In addition to the purpose for which you submitted your Personal Data, you may also be given the option (through a check box or otherwise) to have your Personal Data used for an activity or service different from the primary activity or service that you are requesting. For example, if you are signing up for a contest or other promotion, you may also be invited to sign up for newsletters or alerts from our Digital Media hosting the promotion or from other websites or through other means. If you choose to receive these additional services, we will use your Personal Data to provide them to you.
- When you use the “Send to a friend” feature: this Personal Data is used only once to send the communication and is not further retained by us, as appropriate according to local law. Before using a feature, please ensure you have obtained your friend’s consent to send the communication for this limited purpose.
- When you use a QR Code or equivalent feature displayed on TFAWL products: we use your Personal Data to send you more information on the products where the QR code or equivalent feature is displayed or other products.
Because it is also TFAWL’s legitimate interest to better serve you:
- We may occasionally combine, update, or otherwise enhance the Personal Data we collect directly with data we receive from outside records or third parties, subject to your consent when required for such third parties to disclose such Personal Data to us. For instance, we may combine purely demographic or survey information (e.g. age, gender, household information, and other interests, etc.) not linked to any Personal Data about you with Personal Data collected though our offers (such as during account registration).
- We may use the combined above-mentioned information and/or demographic information for our internal marketing and demographic studies and to constantly improve, personalize, and customize the products and services we provide you to better meet your needs. Some of the tools we use may involve automated individual decision-making subject to applicable law.
- Feedback, questions, or comments through our “Contact Us” form and our “Tell Us” compliance reporting system: if you contact us via an online contact form or hotline, your Personal Data is used to respond to your inquiry or comment and for us to address your feedback, questions or comments, such as by improving or services or products or addressing compliance issues.
We will take steps to ensure that your Personal Data remains accurate and up-to-date and avoid duplication in our database, by verifying each of your interactions with us and/or one of our affiliates to ensure your Personal Data is still accurate or needs to be completed or updated with the additional information you will have provided.
TFAWL may process Personal Data involving automated decision making, including for the performance of a contract (e.g. avoid fraudulent payment) or, subject to your consent, to better serve your needs in accordance with your preferences.
Please note that the automated tools used are regularly checked to ensure that the Personal Data is processed fairly. Specific measures such as data minimization are implemented when creating profiles. You are invited to express your point of view through the right of access described in Section 9 below. You can also object the result of the automated decision by sending an email to the contact details in Section 12 below.
4. What happens if you do not wish to provide your Personal Data?
If you choose not to submit any Personal Data when requested, you may not be able to participate in certain activities and personalized features for which such Personal Data may be necessary, or the Digital Media services and special offers to you may be limited as is necessary. For example, if you refuse to share your email address, you will not be able to receive our newsletters or otherwise register on our Digital Media for which such information is required. However, to simply browse our Digital Media and learn more about TFAWL and our products, you do not need to give us any Personal Data. In any event, we will always inform you of the Personal Data that is necessary in order to benefit from a service.
5. To whom do we disclose your Personal Data and why?
TFAWL may share for the purposes mentioned in Section 3 your Personal Data within TFAWL, including its affiliates worldwide.
TFAWL may also share your Personal Data with third parties, but only in the following circumstances:
- For marketing purposes if you gave us your consent.
- For support purposes: We may use service providers, agents or contractors to provide support for the internal operations of our Digital Media and to assist us with administering them or the various functions, programs and promotions available on it. This includes payment processors who may receive your Personal Data, including credit card information, when you make a purchase from us. We take steps so that any such third party is required to provide comparable levels of security for your Personal Data as TFAWL and, where required, is bound to keep your Personal Data private, secure and to process it only on the specific instructions of TFAWL.
- For joint and co-sponsored programs and promotional purposes: When we run a joint or co-sponsored program or promotion on our Digital Media or in person with another company, organization, or other third party; and, as part of this event, collect and process Personal Data, we may share your Personal Data with our partner or sponsor, subject to your consent when required. If your Personal Data is being collected by (or is shared with) anyone other than TFAWL as part of such promotion, we will let you know this at the time your Personal Data is collected.
- For litigation and safety purposes: We may also disclose your Personal Data if we are required to do so by law, or if in our good faith judgment, such action is reasonably necessary to comply with legal processes, to respond to any claims, or to protect the safety or rights of TFAWL, its customers, or the public.
- In considering or entering into a merger or acquisition of all or part of TFAWL by another company, or in the event that TFAWL were to sell or dispose of all or a part of the TFAWL business (or consider doing so), the acquirer would have access to the information maintained by that TFAWL business, which could include Personal Data, subject to applicable law. Similarly, Personal Data may be transferred as part of a corporate financing, reorganization, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law.
6. Is your Personal Data sent to recipients located in other countries and why?
TFAWL is a global company and your Personal Data may be transferred across international borders. It may be transferred to countries that have a different level of data protection laws than the one existing in the country from where you submitted your Personal Data. Your Personal Data may also be transferred between different companies of TFAWL located in different countries. TFAWL takes appropriate measures to maintain security of the Personal Data both during transit and at the receiving location by implementing contractual clauses in accordance with applicable law. There is a risk TFAWL will be compelled to provide your Personal Data for foreign governments and law enforcement authorities.
Our main service providers for the operation of our Digital Media are based in the United States. The transfer of Personal Data to these service providers are implemented in accordance with applicable laws and rely on standard contractual clauses as set out by the European Commission or on the Privacy Shield. Typically, such service providers are also bound by a contract that ensures an appropriate standard of privacy protection and requires (amongst other provisions) that they act only on TFAWL instructions and implements all technical measures necessary on an ongoing basis to keep your Personal Data secure.
7. How long do we keep your Personal Data?
We will store Personal Data in our databases as long as your account is active, for the duration of the contract with you or as needed to provide you the services you requested, or to answer queries, resolve problems, or provide improved and new services. We may also retain your Personal Data in accordance with our internal retention procedure as necessary to comply with our legal and regulatory obligations, resolve disputes, and enforce our agreements, or as otherwise permitted under applicable law.
8. How do we secure your Personal Data?
TFAWL takes appropriate technical and organizational measures to protect the confidentiality and security of your Personal Data collected from this website and/or our applications, including sensitive Personal Data. These efforts include but are not necessarily limited to: (i) storing your Personal Data in secure operating environments that are not available to the public and that are only accessible to authorized TFAWL employees, and our agents and contractors; and, (ii) verifying the identities of registered users before they can access the Personal Data we maintain about them. Please be aware though that, despite these efforts, no security measures are perfect and no systems are impenetrable. You should understand that any time you share Personal Data, it could be accessed by a third party, such as hackers. As such, you should take care to ensure that you have considered this possibility when sharing Personal Data.
9. What are your rights regarding your Personal Data?
- If your Personal Data has been processed on the basis of your consent, you can withdraw your consent at any time.
- You can request to access your Personal Data.
- You can request to rectify your Personal Data if it is inaccurate, incomplete or out of date.
- You can request the erasure of your Personal Data (i) if your Personal Data is no longer necessary for the purpose of the data processing, (ii) you have withdrawn your consent on the data processing based exclusively on such consent, (iii) you objected to the data processing, (iv) the Personal Data processing is unlawful, (v) the Personal Data must be erased to comply with a legal obligation applicable to TFAWL. We will take reasonable steps to inform the other entities of TFAWL of such erasure.
- You can request the restriction of the processing of your Personal Data (i) in the event the accuracy of your Personal Data is contested to allow TFAWL to check such accuracy, (ii) if you wish to restrict your Personal Data rather than deleting it despite the fact that the processing is unlawful, (iii) if you wish TFAWL to keep your Personal Data because you need it for your defense in the context of legal claims (iv) if you have objected to the processing but TFAWL conducts verification to check whether it has legitimate grounds for such processing which may override your own rights (v) if the data processing is based on the legitimate interest of TFAWL.
- You can request the portability of the Personal Data you provided to us, in particular if the Personal Data processing is based on your consent or the performance of a contract.
- You always have the option not to share any of your Personal Data with us. If you choose this option, you may be limited in the activities and features we can provide you for which such Personal Data is necessary.
- You have the right to object to the processing of your Personal Data by us, including for marketing purposes based on profiling.
10. How we treat children’s Personal Data?
Our Digital Media and other products and services are not intended for children under the legal drinking age (“Minor”), so we do not knowingly collect Personal Data from Minors. You must be of the legal drinking change to create an account and engage in activities and transactions on our Digital Media. If we are notified or learn that a Minor has submitted Personal Data to us, we will delete such Personal Data.
11. How can you contact us or the relevant Supervisory Authority?
The Foreign Affair Winery Limited
c/o Corby Spirit and Wine Limited
Marc Valencia, Chief Privacy Officer
225 King Street West, Suite 1100
Toronto, Ontario M5V 3M2
By telephone: 416-479-2404
By email: Marc.Valencia@pernod-ricard.com
You are informed that you can also lodge a complaint with the Supervisory Authority or privacy commissioner of the country or province where you are located if you have any concerns about the conditions of processing of your Personal Data by TFAWL.