Privacy Notice

Effective Date: January 1, 2020

This Privacy Notice (“Notice”) describes how the Terlato Wine Group, Ltd., including Paterno Imports Ltd., Rutherford Hill Winery, Glass Mountain, LLC, KS Red Mountain, LLC and each of their subsidiaries and affiliates, (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:

Before engaging with us or submitting Personal Information to us or using our Websites, please review this Notice carefully. If you are an employee, job applicant, contractor, vendor or supplier, 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, job postings and 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 over the phone, track your order, call customer service, use our wine finder, create an account with us, sign up for a newsletter 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, zip code, email address, phone number, payment card number and related information to process payments, date of birth, account username and password and other similar information.

 

  • Commercial Information, such as the products and services you purchase or receive from us, your shipping address, information you provide in connection with your order and the items in your shopping cart on our Websites.

 

  • 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.

  • Cookies and Other Tracking Technologies: Cookies, web beacons and other tracking technologies (“Tracking Technologies”) may be used to collect information about your interactions with the Websites. Brief descriptions of common Tracking Technologies are provided below.

    • Cookies - A cookie is a small text file that is stored on a user’s device. Session cookies make it easier for you to navigate the Websites and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Websites, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Websites may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. The Websites may associate some or all of these types of cookies with your device(s). Please see “Your Choices” below for information on your choices related to Tracking Technologies.

    • Web Beacons (or “Tracking Pixels”) - Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages. Web beacons may be used, without limitation, to count the number of visitors to the Websites, to monitor how users navigate the Websites, and to count content views.

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.

We use analytics services, such as Google Analytics and Google Tag Manager, which use cookies and other Tracking Technologies to collect information to analyze your use of our Websites. The information collected by the Tracking Technologies about your interactions with our Websites is used to assess how often you visit our Websites, what pages you view when you visit our Websites and what other websites you visited before coming to our Websites. For more information on Google’s privacy practices for Google Analytics, please visit https://support.google.com/analytics/answer/6004245. You may prevent Google Analytics from recognizing you on our Websites by deleting or disabling cookies from our Websites. For more information, see “Your Choices” below.

Some information about your use of the Websites and certain third-party services may be collected using Tracking Technologies across time and services, and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on certain third-party services. Please note this Notice does not apply to third-party Tracking Technologies, which are covered by such third party’s privacy policy.

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.”

 

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; 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 on our Websites; understand your preferences and send you promotional messages and advertisements about products you may like; send newsletters; communicate with you about products and events you may be interested in; 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.  

Maintain the Security of Our Websites: To maintain the security and integrity of our Websites, we use your Personal Information to detect security incidents, protect our Websites against fraudulent and illegal activity and enforce our terms of use.

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:

    • to comply with relevant laws or to respond to a subpoena, warrant or court order served on us;

    • to respond to valid requests by government agencies, including law enforcement authorities;

    • if we believe your actions are inconsistent with our terms of use, user agreements, applicable terms or policies;

    • to protect against fraud and for risk management purposes;

    • 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

    • 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 when you call to place an order. 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. An example of a third-party vendor who connects to our Websites is AddThis. To learn more about how AddThis uses your information, please visit https://www.oracle.com/legal/privacy/addthis-privacy-policy.html

 

Your Choices

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.

Your Account

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

You may exercise choices regarding the use of cookies from Google Analytics by visiting this https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

Opt-Out of Interest-Based Advertising

You can generally opt-out of receiving targeted ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) by visiting http://optout.networkadvertising.org/. You may also opt-out of receiving targeted advertisements from other companies that perform interest-based advertising services via the Digital Advertising Alliance (DAA) site at http://optout.aboutads.info/. Please note that when using the ad industry opt-out tools described above you may need to execute opt-outs for each browser or device that you use. Opting out of interest-based advertising does not mean you will no longer see advertising online but it does mean that the companies from which you opt-out will no longer show ads that have been tailored to your interests. You also may exercise choices regarding the use of cookies by AddThis by visiting https://datacloudoptout.oracle.com/#optout.

 

Third Parties

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 privacy@twg.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.

 

Security

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.

 

Children’s Privacy

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.

 

International Users

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.

 

Contact Us

If you have any questions about this Notice, you may contact our privacy team at privacy@twg.com or you may contact us by mail or by phone at:

Terlato Wine Group, Ltd.
900 Armour Drive
Lake Bluff, Illinois 60044
Telephone: 1-844-901-1833