O’NEILL BEVERAGES CO. LLC PRIVACY POLICY
Last modified: November 3rd, 2023
California Privacy Rights Notice found here: Link
INTRODUCTION
O’Neill Beverages Co. LLC (hereinafter“O’Neill”) and its brands, affiliates, subsidiaries, companies and/or their related brands (collectively referred to here as“we,”“our,”) created this Privacy Policy to inform our website users, club members, event registrants/participants, newsletter/information recipients, promotion, contest, sweepstakes or campaign participants, online community participants, those who correspond with us via SMS (text message), those who purchase or inquire about our products and services and others (collectively referred to as“you”) about our practices regarding collection, use and disclosure of personally identifiable information (“personal information”) that you provide to us or we collect from you. All references to our“website” in this Privacy Policy include any of our affiliated sites linked to our website as well as any of our affiliated mobile applications.
This Privacy Policy does not apply to information collected by any third party (other than our affiliates, subsidiaries, and data service providers), including through any application or content (including advertising), whether or not such is linked to, or accessible from or on, our websites or apps.
If you are a current or former employee, job applicant, or independent contractor of O’Neill, additional policies may apply.
YOUR CALIFORNIA PRIVACY RIGHTS
California state law confers certain rights relating to the personal information of its residents. If you are a California resident, please see our California Privacy Rights Notice here: Link
If you are a current or former employee, job applicant, or independent contractor of O’Neill, please see our Employee Privacy Notice located here: Link, or on Paylocity.
YOUR CONSENT
Please review this Privacy Policy periodically. You should read this entire Privacy Policy before submitting information, including personal information, to us in any form. Whenever you submit personal information to us, whether online or offline, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.
All personal information may be used for the purposes stated in this Privacy Policy. We may make full use of all information that is de-identified, aggregated, or otherwise not in a personally identifiable form.
NO DATA COLLECTED FROM PEOPLE UNDER LEGAL DRINKING AGE
We comply with the requirements of the Children’s Online Privacy Protection Act (“COPPA”) and other applicable privacy laws. This website is maintained strictly for individuals who are of legal age to consume alcoholic beverages under applicable law. As a result, we do not request or knowingly collect personal information from individuals under legal drinking age. If you are not of legal drinking age, you should not access the website.
INFORMATION COLLECTION AND USE
We may collect personal information (including, without limitation, age, birthdate, address, email address, IP address, phone number, social media account information, geographic location, and commercial information) from you both online and offline. Any personal information we collect will be used as indicated in this Privacy Policy.
Offline, we may receive information from you through telephone, written correspondence, or other communication methods, and in person, including at our wineries, tasting rooms, or retail locations. Online, we may receive information through our website, an affiliated site, a brand page on a community website or social media site or through similar online avenues, email, and via mobile phone applications or SMS (text message) correspondence. In many cases, such information will be collected directly from you, such as through a transaction or inquiry (including via a telephone call or SMS correspondence) or your submission of a form, registration or communication to us. Information may also be gathered from third-party sources (including without limitation, our third-party service providers (such as marketing and fulfillment companies), opt-in lists, consumer reporting agencies, other companies and referrals) and through your activities and interactions with us, including, without limitation, your online activity on our website and social media pages. We may combine data collected from these disparate sources unless we tell you otherwise. Any of your personal information or other information gathered by one of our brands may be shared with and used by any of our other brands in accordance with this Privacy Policy. To see a complete list of what we collect and how we use this data, please see Annex 1 below.
We may use the information we collect from you to:
In addition to promotional communications or offers you have opted in to receive or have not opted out from receiving, we may use your contact information to tell you about other products and services (including those of our other brands, affiliates, and companies) that we believe might be of interest. If at any time you do not want communications from us for promotional purposes, you can opt out by following the instructions provided in those communications or sending an email to the email address listed on the brand website.
This opt-out does not apply to information provided to us as a result of a product purchase, product service experience, or other similar transaction. In addition, we may use your information for compliance with our company policies and procedures, for accounting and financial purposes, and as otherwise described above. If you do not provide this information, we may not be able to fulfill the applicable purpose of collection, such as to respond to your queries or provide our website to you.
How We Disclose Your Personal Information.
The personal information you provide is held by O’Neill or an agent of O’Neill and may be used by our affiliates, partners, agents, or licensees. Your information will not be sold, shared, exchanged, or otherwise distributed to unaffiliated third parties except to the extent required by law or as outlined below.
Our business partners. We use marketing and advertising partners and we share cookies, IP addresses, and device identifiers with them for a business purpose so that they can help us promote our services. We may share your personal information with them for general business administration purposes and other purposes described herein.
Agents/Service Providers. We may disclose personal information you provide to any of our other brands and to service providers that we use to support our business and operations (e.g., delivery services, financial institutions, fulfillment services, technical support, advertising, public relations, media and marketing services, sweepstakes, promotions, campaigns and contest-related services, e‑commerce and other web-related services such as web hosting and web monitoring services and event-related services such as online and offline data capture) who have agreed to keep the information confidential and use it only to provide the applicable service(s). In some cases, we work with other companies who help to gather information from you or help us to communicate with you.
Third parties. We may share your personal information with social media platforms such as Facebook and Instagram and with Google Analytics to serve you advertisements on our behalf and to provide analytics services. Depending on your place of residence, the circumstances, and the contractual obligations in place, this sharing may be considered a “sale” or “sharing,” and you may have the right to request that we stop such sharing as set forth in this Privacy Policy. For more information on this type of sharing and how you may opt out, see the “Third Party Advertising and Analytics Disclaimers” section below.
Legal matters. We may also disclose personal information to third parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Likewise, we may disclose personal information to third parties in connection with the sale, assignment or other transfer of the business of our website or the sale, assignment, merger, reorganization or other transfer of any of our brands or companies.
We (including any of our brands) may use your user-generated content you choose submit to us including by displaying it on our sites and including for our promotional purposes.
Business transfers. Where permitted by law, we may transfer your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries, or other assets.
How We Use Cookies and Other Technology.
As you use our website, some information can be“passively” collected using various technologies, such as cookies, web beacons, and navigational and location data collection. Your Internet browser automatically transmits some of this information, such as the URL of the website you just visited and the Internet Protocol (IP) address and browser version currently being used by your computer. Such technologies help us to keep track of your interactions with our website and provide you with a more customized experience.
As is the case with many websites, our website may use cookies and other automated information collection means. Cookies are information about you from our website that is stored on your browser or hard drive. Cookies save you time because you do not need to manually re-enter the information stored on your hard drive. Cookies also help us optimize and upgrade our website by showing when and how users use our website. You can set your browser to notify you when a cookie is sent or refuse cookies altogether, but certain features of our website might not work without cookies.
Our website may also use IP addresses for the same purposes identified above, as well as to analyze trends, administer our website, track users’ movements and online activity, and gather demographic information for aggregate use.
We may use web beacons on our website to access and set cookies and otherwise help us to better understand how users are moving through our website. Information provided by the web beacon includes the computer’s IP address, the type of browser being used, and the time that the web beacon was viewed. We may also use web beacons in emails and newsletters so that we know when such communications have been opened and to otherwise help us tailor our communications to individual users.
Third Party Advertising and Analytics Disclaimers.
We and/or third parties including advertising companies, social networking sites, and service providers on our behalf, use cookies, web beacons, and other similar technology to collect information for the purposes described in this Privacy Policy including advertising, analytics, online behavioral marketing, monitoring performance, and improvement of our online services (traffic, errors, page load time, popular pages, etc.).
You may opt out of behavioral remarketing as follows:
Google Analytics and Facebook Pixel. We use Google Analytics and Facebook Pixel to understand how our website, services, and products perform, how you use them, and to serve you with ads on third-party websites and social networking sites like Facebook. To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/. To opt out of Google Analytics please visit https://tools.google.com/dlpage/gaoptout. To learn more about how Facebook uses your data, please visit https://www.facebook.com/policy.php.
Advertising and Remarketing Services. We use remarketing services to inform, optimize and serve ads on third-party websites such as Facebook to you based on your use of our website and social media. To understand more about Facebook advertising and manage your preferences, please visit https://www.facebook.com/about/ads. Login to Facebook and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app) for more information. For more information about targeted advertising and to opt out of collection of information and ad targeting from third-party websites, including Facebook and Google, please visit http://www.aboutads.info/choices. If you choose to opt out, you will continue to receive advertisements, but they will not be tailored to your interests.
Depending on your place of residence, the circumstances, and the contractual obligations in place, the above use of your information may be considered a “sale” or “sharing,” and you may have the right to request that we stop such sharing as set forth in this Privacy Policy. You may opt out of this sharing by filling out our online form available here. Please also see the “Opt-out Preference Signals” section and Annex 1 in our California Privacy Rights Act Notice, below.
Digital Advertising Alliance. You can also opt out from companies like Google, Instagram, Pinterest, Facebook and other participating companies through the Digital Advertising Alliance in the USA: http://www.aboutads.info/choices.
Retention of Personal Information.
We will retain your personal information (collected through offline and online methods) for as long as it is necessary for the purposes described in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.
SECURITY
We take commercially reasonable technical, administrative, and physical security measures to protect personal information from loss, misuse and unauthorized access, disclosure, alteration or destruction, whether in transmission or storage including by pseudonymizing and/or encrypting data in certain cases. However, we cannot guarantee complete security because no method of transmission over the Internet or method of electronic storage is 100% secure. Any information that you provide to us is done so entirely at your own risk. Moreover, you are responsible for maintaining the confidentiality of any username and password you use. If you have reason to believe that your interaction with us is no longer secure, please contact us at privacy@ONeillWine.com.
Links to Other Websites.
Our website may contain links to third-party websites or services that are not controlled by us. This Privacy Policy only applies to information collected by us. We have no control over third-party websites or apps. Unless otherwise indicated, once you have left the website, all use of information you provide is governed by the privacy policy of the other website’s operators. O’Neill Beverages Co. LLC is not responsible for any transactions that occur between you and a third-party website or social media account.
IT’S YOUR CHOICE: CONTACT PREFERENCES AND OPT-OUT
We want to keep in touch with you in ways that you find to be beneficial. If you don’t want us to use your contact information to communicate with you for promotional purposes, please tell us that when you provide your contact information. If you decide at a later time you do not want to receive promotional communications, you can communicate this to us by following the instructions in the communications that we may send you. You can also communicate with by emailing the email address listed on the brand page(s) where you signed up to receive communications or made a purchase requesting to be opted out of such communications. Keep in mind that these preferences regarding promotional contacts do not mean that we might not contact you for other reasons, such as those related to an order you placed, an inquiry you made, a newsletter to which you may have subscribed, a membership you undertook, an event for which you registered, or a legally required notice.
SMS MESSAGING OPT-OUT
If you have participated in our general SMS correspondence campaign, you may opt-out by texting“STOP” to the short code provided in that message. Text”HELP” to the code for help. Message and data rates may apply.
HOW TO CONTACT US FOR MORE INFORMATION
If you have any questions about this Privacy Policy or our information practices, please contact us by calling or calling our toll-free number at (888) 887‑9141 or by emailing privacy@ONeillwine.com
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy may be revised from time to time for any reason. If this Privacy Policy changes, the revised policy will include a new effective date, and we will notify you of such changes by posting the revised policy on this page, which will be considered effective immediately. Any such changes will automatically apply to all uses of our website and collection and use of your personal information by us, on or after such effective date (until such time as this Privacy Policy is subsequently revised). If you don’t want us to use your personal information according to the new policy, don’t submit your personal information or visit our website. Be sure to check the Privacy Policy whenever you submit personal information or use our website.
CALIFORNIA CONSUMERS ONLY: YOUR CALIFORNIA PRIVACY RIGHTS
Last Modified: June 5, 2023
This California Privacy Rights Notice (“Notice”) provides additional information to California residents whose personal information is collected by us pursuant to California law, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). If you are not a California resident, this Notice does not apply to you. Please visit our Privacy Policy for more information. Any capitalized terms undefined in this Notice have the same definition as the Privacy Policy.
The purpose of this Notice is to inform our website users, wine club members, event registrants/participants, newsletter/information recipients, promotion, contest, sweepstakes or campaign participants, online community participants, those who correspond with us via SMS (text message), those who purchase or inquire about our products and services and other California residents from whom we may collect personal information, about our practices regarding the collection, use and disclosure of their personal information and certain rights under California law. This notice applies to both offline and online collection of personal information and applies to O’Neill Beverages Co. LLC and our affiliates and brands.
RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, DISCLOSED OR SOLD AND SHARED
Information collected. In the preceding 12 months, we have collected the categories of personal information about California consumers as described in Annex 1 below.
Retention of Personal Information. We retain your personal information for as long as needed to fulfill the purposes outlined in the Privacy Policy and this Notice or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include our ongoing relationship with you and any financial or legal obligation to which we are subject.
Business-to-Business Information. If you are a contact person for any of our business partners, vendors, distributors, suppliers, service providers, contractors, or other entities with which we have a business relationship or potential business relationship, we collect the contact information you provide to us, including name, phone number, address, email address and other contact and relationship information consistent with your role in facilitating that business relationship. We use that information for internal purposes, including to contact you, send and receive information, and otherwise facilitate the business relationship. We do not disclose that information outside our business relationship without your consent.
Information sold or shared. We have not sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Certain network activity, device information, and commercial information may be collected by third parties such as Google Analytics and Meta via cookies and pixels placed on our website which may constitute “sharing” under the CPRA. For details and how to opt out of this sharing, please see the “RIGHT TO OPT OUT OF SALE OR SHARING OF PERSONAL INFORMATION” section, below.
Information disclosed for Business Purposes. We have disclosed the following categories of personal information to third parties in the preceding 12 months:
Because our products are strictly for individuals who are of legal age to consume alcoholic beverages under applicable law, we do not request, knowingly collect, or sell or share personal information of individuals under legal drinking age.
For details regarding the categories of third parties to whom we have disclosed personal information, please see Annex 1 below.
Requests to Know. You or your designated authorized agent have the right to request that we disclose to you the following regarding the personal information we collect about you:
You also have a right to know if we have sold or disclosed your personal information for a business purpose over the past 12 months and, if so, the categories of personal information sold or disclosed and the categories of third parties to whom the personal information was sold or disclosed, along with the business or commercial purpose for which the personal information was sold or disclosed.
To make a request for any of the information set forth above (a “Request to Know”), please submit a request pursuant to the instructions below. You may only make a Request to Know twice within a 12-month period. We will acknowledge your Request to Know within 10 days and will attempt to respond substantively within 45 – 90 days.
The Request to Know must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. You may be asked to provide additional proof of identification so that we can verify your identity and validate the request. If we cannot verify your identity, we may decline to honor your request.
You or your designated authorized agent can make a Request to Know the personal information we have about you by filling out our online form available here or calling us at 1−800−400−6628.
RIGHT TO KNOW ABOUT SENSITIVE PERSONAL INFORMATION COLLECTED
We collect and use your sensitive personal information as described in Annex 1 below.
We do not collect or process sensitive personal information for the purpose of inferring characteristics.
RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION
You or your designated authorized agent have the right to request deletion of your personal information collected or maintained by us (“Request to Delete”), subject to certain exceptions permitted by law.
To make a Request to Delete, please submit a request pursuant to the instructions below. We will acknowledge your Request to Delete within 10 days and will attempt to respond substantively within 45 – 90 days.
The Request to Delete must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. You may be asked to provide additional proof of identification so that we can verify your identity and validate the request. If we cannot verify your identity, we may decline to honor your request. Additionally, as permitted by law, if the information requested to be deleted is necessary for us to maintain, we will not be able to comply with your request. We will notify you if this is the case.
You or your designated authorized agent can make a Request to Delete the personal information we have about you by filling out our online form available here or calling us at 1−800−400−6628.
We will retain correspondence, documents and information related to any Request to Know, Request to Delete, or Request to Opt Out for 24 months as required by law.
RIGHT TO OPT OUT OF SALE OR SHARING OF PERSONAL INFORMATION
You have the right to opt out of the sale or sharing, as defined by the CPRA, of your personal information. We do not and will not sell your personal information. As explained in Annex 1 below, we share your data with third parties such as social networking sites and advertising companies in order to serve you with ads tailored to your preferences across various platforms.
Opt-out Form. You may opt out of the sharing of your personal information by filling out our online form available here.
Opt-out Preference Signals. We honor opt-out preference signals that you enable (i.e., Global Privacy Control). Opt-out preference signals are plug-ins available in certain browsers that signal to websites you visit of your preferences to opt out of the sale and sharing of certain personal information. You can learn more here: https://globalprivacycontrol.org/. If you have enabled an opt-out preference signal device from your browser, we will not sell or share your personal information without first seeking your explicit consent. Adjusting your settings to enable Global Privacy Control will only opt out of any sharing activity on the browser and device you are using. We may continue to collect and share personal information about you with other third parties, including to continue providing services to you where sharing of your personal information is for purposes other than targeted advertising and is permitted by law. Our website does not respond to Do Not Track signals because there are no common, industry accepted “do not track” standards and systems.
This Privacy Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices.
Cookies. As explained in our “How We Use Cookies and Other Technology” section, you can opt out of cookies using your brokers. Please note:
Additional Options to Opt Out of Sale or Sharing.
In addition to the above options to opt out of the sale or sharing of your information under the CPRA as described above, you have controls and choices with respect to collection and use of your information by third parties. These are summarized for you below. We do not control or maintain opt-out mechanisms for third-party companies and are not responsible for their operation.
Advertising Opt Out. You can opt out of sharing your information with third-party companies engaged in targeted advertising including social networking sites such as Google and Facebook using the following tools: For websites: http://optout.aboutads.info/?c=2&lang=EN. For mobile apps: http://www.aboutads.info/appchoices.
Google Opt Out. If you would like to opt out of Google Analytics and Ads, you can. If you are on the web, you can opt out of Google Analytics by installing Google’s Opt Out browser add on: https://tools.google.com/dlpage/gaoptout, and you can opt out of interest-based Google ads using https://adssettings.google.com/u/0/authenticated.
Facebook Ad Preferences. To understand more about Facebook advertising and manage your preferences, please visit https://www.facebook.com/about/ads. Login to Facebook and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app) for more information.
RIGHT TO CORRECT
You or your designated authorized agent have the right to request that we correct in our records inaccurate information about you. To make a request to correct inaccurate information about you (a “Request to Correct”), please submit a request pursuant to the instructions below. We will acknowledge your Request to Correct within 10 days and will attempt to respond substantively within 45 – 90 days.
The Request to Correct must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. You may be asked to provide additional proof of identification so that we can verify your identity and validate the request. If we cannot verify your identity, we may decline to honor your request.
You or your designated authorized agent can make a Request to Correct the personal information we have about you by filling out our online form available here or calling us at 1−800−400−6628.
We will retain correspondence, documents, and information related to any Request to Correct for 24 months as required by law.
OTHER CALIFORNIA PRIVACY RIGHTS
Shine the Light Disclosure Information. Although we don’t disclose to any third parties for direct marketing purposes any of your personal information, you are entitled to receive the following disclosure. If you are a resident of California, you can request a notice identifying the categories of personal information, as defined by California Civil Code Section 1798.83, we share with our affiliates and/or third parties for their direct marketing purposes and the contact information for such affiliates and/or third parties. Please submit your request to privacy@OneillWine.com.
Right to Non-Discrimination. If you choose to exercise any of the rights detailed in this Notice, we will not discriminate against you in any way as a result of that exercise, including by offering you different pricing or products or by providing you with a different level of quality of products.
Notice of Financial Incentive. We may offer you certain programs, benefits, or other offerings related to the collection or retention of personal information that may be deemed a “financial incentive” under the CCPA that can result in different prices, rates, or quality levels. Consumers who elect to participate in financial incentive programs (such as reward programs, limited-time promotions, sweepstakes, or contests) may be asked to provide personal information such as your name, email address, physical address, and/or phone number. We may also collect commercial information such as credit card numbers and payment information (in limited circumstances), details of transactions that you carry out through our services, including products purchased or considered, and wine club information from consumers who elect to participate in a rewards program. Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.