Your Privacy Rights
Effective as of March 2020
Our Commitment to Privacy
We are based in California, and this policy incorporates protections for California residents provided under the California Consumer Privacy Act of 2018 (“CCPA”). Since we care about your privacy, we provide the same rights to all of our customers whether or not they are California residents. As discussed further below under Legal Disclaimers, your use of this Site and our services are subject to California and United States law.
Summary of Your Rights
If you ever have any questions about how we use and store your personal information, you can submit those questions to us at firstname.lastname@example.org. Below is a non-exhaustive summary of the rights you have in this policy. This summary is only for your convenience: it does not change the details, exceptions and legal obligations that apply to these items set out in more detail below:
- We do not and will not sell your data to any Third Parties for their marketing purposes. We share your personal information only with the Peter Michael Foundation, as detailed below, as well as with certain Third Parties such as our Service Providers to carry out our business with you.
- You may request that we delete the personal information you provided to us at any time by sending your request to email@example.com or by contacting the Winery directly at 800-354-4459 and we will delete it (unless there is a specific reason we need to keep it).
- You may opt out of receiving marketing e-mails or the use of your personal data by us for direct marketing purposes. To opt out of the use of your personal data for this purpose, contact us at firstname.lastname@example.org or by contacting the Winery directly at 800-354-4459.
- For mailing list members that have opted-in, the Winery occasionally shares contact information with The Peter Michael Foundation, in support of their groundbreaking efforts in prostate cancer research and patient care. Members may opt-out of this program at any time by logging into their mailing list account at www.petermichaelwinery.com and selecting “Manage Preferences”, or by contacting the winery directly at 800-354-4459 or email@example.com. To learn more about the Peter Michael Foundation, please visit petermichaelfoundation.org.
- Up to twice a year, you may ask us about the personal information that we collect and store, by contacting us at 1-800-354-4459 or at firstname.lastname@example.org.
- We do not and have not sold or disclosed customers’ personal information for any purposes to anyone other than Service Providers, and the Peter Michael Foundation.
- You cannot object to our sharing your information with our Service Providers, listed below, to facilitate your transactions, but be assured that our agreements with those providers and California Consumer Privacy Regulations prevent them from using your personal information for any other purposes.
- You have a right not to receive any discriminatory treatment by the Winery for the exercise of the privacy rights conferred by the CCPA.
NOTICE OF COLLECTION
Who is Collecting Your Data
Peter Michael Winery controls the data that is collected on the Site.
You can contact us anytime at:
Private Member Support Team
Peter Michael Winery
12400 Ida Clayton Road
Calistoga, CA 94515
Categories of Information We Collect
We collect and store certain personal information about you at various points in order to provide you with products and services. We collect this information from information that either you provide us directly or gathered from your devices. As discussed further below, we are required to collect certain information from you such as your age and residence in order to sell and ship you wine legally. We also use this information and additional information we collect to customize our services to your preferences and provide you with products and services that we believe will appeal to you.
California defines certain categories of “personal information.” We collect information that falls into these categories directly from you and your electronic devices, as well as from other publicly available sources, and it is disclosed in the following manner:
|Category||Examples of Types of Data||Do We Collect It?||Disclosed to Third Parties||Sold to Third Parties|
|(A) Identifiers||name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, etc.||YES||SERVICE PROVIDERS ONLY||NO|
|(B) Additional Identifiers||telephone number, driver’s license or state identification card number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information||YES||YES||NO|
|(C) Characteristics of protected classifications under California or federal law||age (if 40 and over), gender, marital status, race, national origin and other protected classes||YES||NO||NO|
|(D) Commercial information||records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies||YES||SERVICE PROVIDERS ONLY||NO|
|(E) Biometric information||genetic, physiological, biological or behavioral characteristics, that can be used to establish individual identity such as fingerprints or facial recognition||NO||NO||NO|
|(F) Internet or other electronic network activity information||browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement||YES||NO||NO|
|(G) Geolocation data||location of your electronic device||YES||NO||NO|
|(H) Sensory data||audio, electronic, visual, thermal, olfactory, or similar information||NO||NO||NO|
|(I) Professional or employment-related information||job history or performance evaluations||NO||NO||NO|
|(J) Non-public education information||student education, financial or disciplinary records||NO||NO||NO|
|(K) Inferences||drawn from any of the information above to create a profile about a consumer||YES||NO||NO|
Why We Collect Your Information
We collect your information to manage our relationship with you and send you communications, and for a number of our other business purposes, including the following:
You must be of legal age to use the Site or to purchase any alcoholic beverage. If you wish to purchase any alcohol containing beverage from us, you may be required to provide personal information sufficient to verify that you are over 21 years of age. If you do not provide information to verify that you are of legal age, we cannot provide any services to you. We also cannot ship any product to you if you do not provide an address at which a person over the legal age is available to receive the product. We do not knowingly collect nor do we sell personal information from individuals under 21, nor do we direct any of our content to individuals under 21. If we learn that we collected the personal information of a minor, we will take steps to delete the information as soon as possible.
We are required to collect and provide your information to certain of our third party vendors and service providers for payment processing, email services and other services essential to the running of the business, as discussed below.
We also use the information we collect for our marketing purposes. Certain portions of this information are made available to the Peter Michael Foundation. If you would like to opt out of our use of your information for marketing purposes, or to be removed from our email list, you may contact us at email@example.com. Even if you opt out, we may still send emails to you concerning specific transactions or other non-marketing related messages. Our service providers are not permitted to use your information for their own marketing purposes, unless they have an independent relationship to you and have obtained your information from another source.
When you visit the Site, we also collect some basic non-personal information about you and your browser. Examples of such non-personal information that is collected include what type of browser and operating system you are using, how long you remained on our Site and what pages you looked at while here. This non-personal information is anonymous and helps us understand how visitors browse our Site, so that we can make their experience better. We do not make any efforts to identify you from this non-personal information. We use Third-Party vendors for these services discussed more below.
“Do Not Sell My Personal Information”
Under California law, you have the right to opt out of the sale of your personal information. We do not sell personal information, but we are providing you with the ability to opt out of the sale of your personal information in any event by sending an email to us at firstname.lastname@example.org with the subject line Do Not Sell My Personal Information.
Your Rights to Access or Delete Your Data
If you so desire, we will provide you with a copy of your account data or delete your account at your request. Up to twice a year, you may ask us whether we are collecting, storing, using, disclosing or selling your personal information, what categories and specific pieces of personal information of yours we are collecting and storing, the categories of sources from which our personal information is collected, the business or commercial purpose for collecting your personal information, and whom we may have shared your information with.
You may request a copy of the categories of personal information we have about you by contacting us at email@example.com or by contacting the Winery directly at 1-800-354-4459. We may contact you further to verify your identity if we do not have sufficient proof in your request, such as the request being sent from your email address that matches the one we have. If you request specific pieces of information, to verify your request you will need to provide a declaration to us via mail at Peter Michael Winery, 12400 Ida Clayton Road, Calistoga, CA 94515. We will work diligently to respond to your requests and will provide you with a free response within 45 days.
If you would like us to delete your data, please contact us at firstname.lastname@example.org or by contacting the Winery directly at 1-800-354-4459. Depending on the nature of the data that you request we delete, we may require you provide two or more data points that match the information in our file. Note that even if you request deletion, we may continue to retain and use information as may be authorized or necessary under California Law. While you have the right to request that we delete the personal information you provide to us and we will not discriminate against you for exercising any rights that you have, we may no longer be able to sell you any alcohol containing beverages in the future if you ask us to delete your information showing you are of legal age or are in a location where it is legal for us to sell to you, and you may need to make other arrangements to verify your age and location to facilitate transactions.
We will verify your identity for purposes of such a request to delete or a request to know. If you have an account on the Site, we will verify your request for information through your account. If you do not have an account, we will verify your request depending on the nature of the request. If you request to know the categories of information, we will request that you provide two pieces of information that match our records, which may vary depending on the information we have on file. If you request to know specific pieces of information, we will require additional verification to match three pieces of information on file, as well as a signed declaration. If you would like to designate an authorized agent to make such a request or your behalf you may do so by providing us written and signed permission of such authorization, verify your identity with us as described above, and confirm that you provided the authorized agent permission to submit the request; or your agent must provide proof of a power of attorney.
In order to ensure protection of your information from fraudulent requests, we require you provide us with additional information to verify your identity should you wish to access or delete your data. For your protection, in the event the requisite verification is not satisfied, we may deny the request for access to your account data or to delete your account.
Protecting Your Information
We make every effort to ensure that any data that we store about you is kept behind a secure firewall and is not accessible to the public in any way. Any sensitive information that we collect from you is encrypted and/or tokenized. We protect user data offline as well by restricting access to information to only those employees (for example, a Customer Care representative) who need the information to perform a specific job. All employees are kept up to date on our security and privacy practices and are aware of the importance of keeping customer data secure and safe at all times. We also outsource certain of our data processing operations to third parties as discussed below, and we have agreements with those service providers that require them to maintain security over your information.
Although we use our best efforts to protect the security of your information and our system, and we have agreements in place with our processors requiring them to do the same, no transmission via the internet or storage of data can be guaranteed to be 100% secure. As a result of this and other factors beyond our control, we cannot guarantee the security of the information that you transmit to or through our Site. Therefore, you assume that risk by using the Site.
If you have any questions about the security of our Site, please feel free to contact us at email@example.com.
How We Share Your Information With Third Parties and Service Providers
We value your privacy, and we will never sell or rent any personal information to any Third Party for that Third Party’s marketing purposes
We work with Service Providers and Third Parties to assist us to fulfill our sales and services to you and to process your data, including eCellar and OpenEdge. We require all such Service Providers and Third Parties to keep any information they receive confidential, maintain the privacy of all our customers, and to use any information provided to only provide services on behalf of us and you. We have in the past and may continue to disclose for business purposes your personal information with these Third Parties as set forth in the table above.
- eCellar: The Winery’s online ordering and customer service website is hosted by a third party e-commerce vendor, eCellar. eCellar uses secure server technology for all transactions on the site. The secure server software encrypts all information you input before it is sent to us. In addition, all of your customer data is protected against unauthorized access.
- OpenEdge: All customer payment card information resides in a secure online vault at a specialized payments processor, OpenEdge, and never resides on the winery’s server, or that of our e-commerce vendor. OpenEdge facilitates payment without ever releasing the actual card information to the winery or our e-commerce vendor. OpenEdge is a PCI level 1 validated provider. This is the highest level of security certification offered in the payment processing industry.
- ShipCompliant: The Winery verifies the compliance with all applicable state laws governing the shipping of alcoholic beverages via a specialized online service, ShipCompliant. ShipCompliant uses secure server technology for all the Winery’s interactions on the site. The secure server software encrypts all information we input before it is sent to ShipCompliant. In addition, all of your customer data is protected against unauthorized access.
- M7 Wine Solutions: The winery uses specialized fulfillment vendors to pick, pack and ship consumer wine orders. M7 is one of those vendors. M7 uses secure server technology for all the Winery’s interactions with their systems. The secure server software encrypts all information we input before it is sent to M7. In addition, all of your customer data is protected against unauthorized access.
- VineVault: The winery uses specialized fulfillment vendors to pick, pack and ship consumer wine orders. VineVault is one of those vendors. VineVault uses secure server technology for all the Winery’s interactions with their systems. The secure server software encrypts all information we input before it is sent to VineVault. In addition, all of your customer data is protected against unauthorized access.
From time to time, we may also employ other companies and individuals to perform services, to maintain and operate the Site, and to maintain certain features on the Site. To such parties, we may disclose non-personal information such as traffic patterns and website usage data, but in no event will we disclose any personal information. Third parties may also acquire browsing data or other information about your activity on the Site through cookies, as discussed below.
We also may employ Service Providers and Third Parties to analyze our sales data for internal purposes, in which case we may disclose information to such parties such as the wines purchased, the location of shipment, and the frequency of purchases. We additionally may enlist a Service Provider or Third Party to assist with marketing and sending member e-mails, in which case we will provide these third party vendors only with member e-mail addresses. Again, we require all such Service Providers and Third Parties to keep any information they receive confidential, maintain the privacy of all our customers, and to use any information provided for services on our and your behalf.
Do Not Track Signals
Some browsers have incorporated “do not track” features to enable users to make privacy and security choices. By using these settings, your browser may send a signal to our website not to collect tracking information. The Site does not track information from users through cookies if a “do not track” signal is received. Information tracked by the Site through cookies is discussed above.
If you send a gift from our Site, we will collect contact information, such as name, shipping address and phone number for gift recipients to ensure correct gift delivery. If your gift purchase includes an alcohol containing beverage, we also need information to verify the legal age of the recipient. We provide gift recipients with the same privacy rights as our customers. Invited friends and gift recipients can opt-out of receiving any emails or newsletters by contacting us at firstname.lastname@example.org.
Data of Minors
The Site is not directed at children and cannot be accessed by persons who do not verify that they are of legal drinking age. As a result, we will not knowingly collect information from minors of any age in the U.S., including those under 16, with or without consent from their parents or guardians.
Protecting the privacy of children is very important to us. If we learn that we collected the personal information of a minor, we will take steps to delete the information as soon as possible. If you believe we have inadvertently collected the personal information of your minor child, please contact us at email@example.com.
In addition to the use of your personal information for our business purposes, and subject to our not otherwise sharing or selling your data to Third Parties except as set forth above, Peter Michael Winery reserves the right to disclose your personally identifiable information as allowed or required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site.
Privacy Policies Update
If you have any questions about this policy, you can reach us at firstname.lastname@example.org.
Last updated March 2020