Effective Date: January 1, 2020
This Privacy Notice (“Notice”) describes how the Terlato Wine Group Ltd., including Terlato Wines, Terlato Vineyards, Chimney Rock Winery, Rutherford Hills Winery, Sanford Winery, Terlato Kitchen LLC and Jack’s House Foundation, (together, the “Terlato Wine Group,” “we,” “our” or “us”) may collect, use and disclose the Personal Information we collect from you or about you in the context of your relationship with us; the choices you have regarding our use of your Personal Information; and how to contact us regarding our privacy practices.
This Notice covers the Personal Information we collect from you, or about you, including when you:
· Visit and interact with our websites (www.twg.com; www.terlatowines.com; www.terlatovineyards.com; www.chimneyrock.com; www.rutherfordhill.com; www.sanfordwinery.com; www.terlatokitchen.com; www.jackshousefoundation.org (together, the “Websites”);
· Purchase products from us or make reservations with us;
· Visit our wineries and tasting rooms;
· Join our wine clubs; and
· Otherwise provide Personal Information to us, whether offline or online in the context of your relationship with us.
Before engaging with us or submitting Personal Information to us or using our Websites, please review this Notice carefully. If you are an employee, vendor, supplier or contractor, this Notice does not apply to you in the context of those relationships, and to the extent required by law, our privacy practices are set out in our employee policies or in our agreements with you, as applicable.
Personal Information We Collect
We may collect Personal Information about you directly from you, automatically through our Websites or from others. “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as your name, email address, IP address, telephone number, and broader categories of information such as your commercial information. The categories of Personal Information we collect about you depend on your interactions and engagement with us.
Personal Information We Collect Directly From You
We may collect Personal Information directly from you when you purchase a product through our Websites or at our wineries or tasting rooms; schedule a tour; make a reservation for an event at one of our wineries or tasting rooms; visit one of our wineries or tasting rooms; join our wine clubs; sign up for a newsletter, recipe club or promotion; and otherwise choose to provide Personal Information to us. We may collect the following Personal Information directly from you:
· Direct Identifiers, such as your name, address, email address, phone number, payment card number and related information to process payments, date of birth, age, driver’s license number, account username and password and other similar information.
· Personal Records, such as the physical description and gender included on your driver’s license.
· Commercial Information, such as the products and services you purchase or receive from us; your shipping address; the tastings you purchase; the items in your shopping cart on our Websites; any information provided to us by you relating to gifts you purchase, including notes related to your order, gift messages and significant dates; and dates of visits to any of our wineries or tastings rooms.
· Sensory Data, such as your tasting preferences.
· Internet Activity Information, such as information regarding your internet searches when you access our WiFi at our wineries or tasting rooms.
· Other Personal Information, such as other information you provide to us, including when you seek our assistance purchasing products or send us an email.
Some forms on the Websites may require that you provide certain Personal Information to submit the form. You may choose not to provide Personal Information in those cases, but this may prevent you from being able to use certain features of our Websites.
Personal Information We Collect Automatically
We may automatically collect Personal Information about you when you access or use our Websites. The methods that may be used on the Websites to automatically collect Personal Information include:
· Log Information: Log information is data about your use of the Websites that may be stored in log files.
We may automatically collect the following Personal Information from you in connection with your use of our Websites:
· Direct Identifiers, such as your IP address, browser type, device used to access our Websites, operating system and data regarding network-connected hardware (e.g., computer or mobile device).
· Internet Activity Information, such as information regarding your interactions with pages you visit on the Websites.
Personal Information We Collect from Others
We may obtain Personal Information about you from other sources, including third-party services such as social networks. We may obtain the following Personal Information about you from others:
· Personal Records, such as your social media profile and information relating to your interactions with us on the social media network such as items you have “liked.”
Personal Information of Job Applicants
If you apply for a position through one of our job postings, we collect the Personal Information you voluntarily provide to us, including your name, physical address, email address, resume, cover letter, telephone number and employment status. We will use this Personal Information solely to assess your qualifications, to contact you regarding the application process and to manage your application.
How We Use Your Personal Information
We use your Personal Information to:
· Provide you products and services;
· Build and maintain our relationship with you;
· Improve our Websites and our product and service offerings;
· Maintain the security of our Websites; and
· Comply with our Legal Obligations and Respond to Legal Proceedings.
Provide You Products and Services: We use your Personal Information to provide you products and services, including to process your transactions and payments and fulfill your orders; create and administer your account; facilitate your visits to our wineries and tasting rooms; schedule your events and wine tastings; administer your wine club membership; operate contests, sweepstakes and other promotions; and communicate with you in relation to providing you products and services.
Build and Maintain Our Relationship With You: We use your Personal Information to improve your experience at our wineries and tasting rooms; understand your preferences and send you promotional messages and advertisements about products you may like; improve your membership in our wine clubs; send newsletters; communicate with you about products and events; and provide you customer service. We may also draw inferences from the Personal Information you provide directly to us such as information about your preferences and characteristics.
Improve our Websites and our Product Offerings and Services: In order to improve your experience and provide you with products and services that you are interested in, we use your Personal Information to understand who is visiting our Websites, analyze how the Websites are being accessed and used, improve the functionality of our Websites and develop new product and service offerings.
Comply with Our Legal Obligations and Respond to Legal Proceedings: We use your Personal Information to comply with our legal, regulatory and risk management obligations, including confirming that you are of legal drinking age and maintaining records of our compliance with federal and state law requirements. We may also use your Personal Information to establish, exercise or defend legal claims.
How We Share Your Personal Information
We do not sell, trade or rent your Personal Information. We may share your Personal Information in the following circumstances:
· With our affiliates and subsidiaries.
· With vendors that perform business tasks on our behalf, such as email marketing providers, payment processors, cloud storage providers, offsite electronic backups, shipping and logistics providers and other providers of compliance verification, advertising, rewards program management, customer relationship management and enterprise management.
· If we believe such disclosure is necessary. For example:
o to comply with relevant laws or to respond to a subpoena, warrant or court order served on us;
o to respond to valid requests by government agencies, including law enforcement authorities;
o to protect against fraud and for risk management purposes;
o to protect the rights, property, life, health, security or safety of the Terlato Wine Group, its Websites, employees, customers, Website users and any third party; or
o for the establishment of defenses or claims in any legal action or dispute involving Terlato Wine Group or any of its officers, directors, employees, agents, contractors and partners.
In the event we sell, transfer or assign all or a portion of our business or assets (e.g., further to a sale, merger, consolidation, change of control, reorganization, liquidation or any other business transaction, including negotiations of such transactions), we reserve the right to disclose any information we collect through the Websites or offline, such as in our wineries and tasting rooms. You acknowledge that such transfers may occur and are permitted by and subject to this Notice.
Social Features and Advertising
Certain functionalities on our Websites permit interactions that you initiate between the Websites and third-party services, such as social networks (“Social Features”). Examples of Social Features include features enabling you to “like” or “share” our content and features that otherwise connect the Websites to a third-party service (e.g., to pull or push information to or from the Websites). If you use Social Features, and potentially other third-party services, information you post or provide access to may be publicly displayed by the third-party service you use. Also, both the Terlato Wine Group and the third party may have access to certain information about you and your use of the Websites and the third-party service.
We may engage and work with vendors and other third parties to serve advertisements on the Websites and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Websites and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising,” which may include sending you an ad on a third-party service after you have left the Websites. Examples of third-party vendors who connect to some of our Websites include Facebook and AddThis. To learn more about how Facebook uses your information, please visit https://www.facebook.com/help/325807937506242/. To understand more about Facebook advertising, please visit https://www.facebook.com/about/ads. To learn more about how AddThis uses your information, please visit https://www.oracle.com/legal/privacy/addthis-privacy-policy.html
Unsubscribe from Emails
If you no longer wish to receive promotional emails, you may unsubscribe at any time by clicking the “unsubscribe” link in the promotional emails sent to you or by contacting us using the information below under “Contact Us.” If you have an account with us, you may also unsubscribe from promotional emails through your account. Please note that even if you opt-out of receiving promotional emails from us, we may continue to send you non-promotional emails.
If you have an account with us, you may make changes to your Personal Information by logging in to your account and making changes there.
Opt-Out of Tracking Technologies
Regular cookies generally may be disabled or removed using tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. The choices available, and the mechanism used, will vary from browser to browser. Such browser settings are typically found in the “options,” “tools” or “preferences” menu. You may also consult the browser’s “help” menu. You can learn more about cookies and how to block cookies on different types of browsers by visiting http://www.allaboutcookies.org. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies or other Tracking Technologies. For information on disabling Flash cookies, visit https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. Please be aware that if you disable or remove these technologies, some parts of our Websites may not work and when you revisit our Websites your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our Websites are not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you may wish to visit https://allaboutdnt.com/.
Opt-Out of Analytics
Opt-Out of Interest-Based Advertising
Our Websites and other materials may contain references and/or links to third-party websites and services, including references and links to third parties that accept and process your payments to us. We are not responsible for any third party’s data collection or privacy practices, and we have no control over what information third parties track or collect. Any access to and use of such linked websites is not governed by this Notice but instead is governed by the privacy policies of those third-party websites. We encourage you to review the privacy policies posted on those third-party websites for further information.
Notice to California Residents
California residents have the privacy rights listed below. The rights granted under the California Consumer Privacy Act and Shine the Light are not the same. To exercise your rights, you will need to follow the directions that are specific to each law.
California Consumer Privacy Act (“CCPA”)
Please note that the CCPA provides certain exceptions with respect to the Personal Information of California employees, job applicants, vendors, suppliers and contractors. If you are a California employee, job applicant, vendor, supplier or contractor, you may not have any or all of the privacy rights listed below in connection with Personal Information we have about you in the context of that relationship with you.
Collection, Use and Disclosure of Your Personal Information in the Past 12 Months
The CCPA requires that we make certain disclosures about our general collection, use and disclosure of Personal Information over the past 12 months. Accordingly, in the past 12 months:
· we collected the categories of Personal Information from the sources and for purposes detailed in “Personal Information We Collect” and “How We Use Your Personal Information” above.
· we did not sell any Personal Information, and we will not sell any Personal Information in the future, as we understand this term based on the CCPA and its implementing regulations.
· we disclosed to the entities described in “How We Share Your Personal Information,” the following categories of Personal Information: Direct Identifiers and Commercial Information.
You have the right to request to know more specific disclosures about your Personal Information as detailed under “Request to Know” below.
California Privacy Rights
· Request to Know. You have the right to request to know: (i) the specific pieces of Personal Information we have collected about you; (ii) the categories of Personal Information we have collected about you in the past 12 months; (iii) the categories of sources from which that Personal Information was collected; (iv) the categories of your Personal Information that we sold or disclosed in the past 12 months; (v) the categories of third parties to whom your Personal Information was sold or disclosed in the past 12 months; and (vi) the purpose for collecting and selling your Personal Information. You may exercise your right to request to know twice a year, free of charge.
Please note, in response to a request to know, we are prohibited from disclosing your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password or security questions and answers.
· Request to Delete. You have the right to request that we delete the Personal Information that we have collected from you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request to delete, we will let you know the reason why.
· Right to Non-Discrimination. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our Websites or services.
To make a request to know or a request to delete, contact us at 1-844-901-1833 or complete our “California Privacy Rights Request Form” available here.
We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you have an account with us, we will use our existing account authentication practices to verify your identity. If you do not have an account with us, we may request additional information about you so that we can verify your identity. We will only use the Personal Information you provide to verify your identity and to process your request, unless you initially provided the information for another purpose.
You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
Shine the Light
California residents may also request information from us once per calendar year about any personal information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information, please contact us at email@example.com or by postal mail sent to Terlato Wine Group, Ltd., 900 Armour Drive, Lake Bluff, Illinois 60044. Your inquiry must specify “California Privacy Rights Request” in the subject line of the email or the first line of the letter, and include your name, street address, city, state and ZIP code.
We maintain technical and organizational measures to protect your Personal Information against loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and we cannot guarantee the security of your Personal Information collected through the Websites.
Our Websites are intended for individuals age 21 and over. We do not knowingly collect Personal Information through our Websites from individuals under the age of 21.
If you are visiting the Websites from outside the United States, please be aware that the Terlato Wine Group is based in the United States and the information we collect will be transferred to, processed and stored on our servers in the United States in accordance with this Notice and applicable laws. The data protection laws and regulations applicable to your Personal Information transferred to the United States may be different from the laws in your country of residence.
Changes to this Notice
We may occasionally update this Notice to reflect changes in our practices. When we post modifications to this Notice, we will revise the “Effective Date” at the top of this Notice. If the changes are material, we will endeavor to notify you in advance of such changes taking place. If you object to any modification, your sole recourse is to notify us that you do not agree and to stop using the Websites and providing us with Personal Information.
If you have any questions about this Notice, you may contact our privacy team at firstname.lastname@example.org or you may contact us by mail or by phone at:
Terlato Wine Group, Ltd.
900 Armour Drive
Lake Bluff, Illinois 60044