Privacy Policy

GISMONDIONWINE.COM

Gismondi On Wine Ltd., listed below as (“gismondionwine.com “, “we” or “us“) provides wine tasting notes and wine related articles to our customers and users (“you”). In doing so, we recognize and greatly respect your privacy rights, and we provide this policy (“Privacy Policy “) to make you aware of how we collect and use information from you pertaining to your use of gismondionwine.com (our “Website“). We also explain in this Privacy Policy certain rights that you have in respect to your Personal Information (as defined herein). We will not use or share your information with anyone except as described in this Privacy Policy.

Please read this Privacy Policy carefully to understand our practices in relation to Personal Information (as defined herein). This Privacy Policy provides you with information about:

Information collected and how it is used

Direct marketing and how you can manage your preferences

Cookies, similar sites and third-party services

How we use Personal Information

The legal basis for using your Personal Information

Transfers of Personal Information

How we protect and store your information

Use by children

Your rights

How to contact us

This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated in the “Last updated:” date at the bottom of the policy. If there will be any significant changes made to the use of your Personal Information (as defined herein) in a manner different from that stated at the time of collection, we will endeavor to notify you by posting a notice on our Website.

There may also be external links to third party websites and services on our Website. This Privacy Policy does not apply to your use of a third-party site or service. To find out more about external links, including any Personal Information (as defined herein) that may be collected by third parties, please refer to the “Cookies, Third Party Advertisements and External Links” section.

1. INFORMATION COLLECTED AND HOW IT IS USED

1.1 Personal Information

We collect information that identifies an individual or may with reasonable effort allow the identification of an individual or may be sensitive in nature (“Personal Information “) when you register on our Website.

We will ask you to provide certain Personal Information if you choose to create a gismondionwine.com account. This may include your full name, personal and work email, phone number, mailing address, city, country and postal code or zip code. We collect this information, only if voluntarily provided by you, to create and authenticate your account and provide you access to our products and services.

1.2 Web Server Information

Like most website operators, we also collect web server log information of the sort that web browsers and servers typically make available (“Web Server Information”). This Web Server Information includes non-personally-identifying information such as browser type, language preference, and the date and time of each visitor request, as well as potentially personally-identifying information like Internet Protocol (IP) addresses. In either case, we do not use such Web Server Information to identify visitors to our Website, and we do not disclose any Personal Information included in such Web Server Information to third parties, other than under the specific circumstances described below in this Privacy Policy where Personal Information may be disclosed. Our purpose in collecting this Web Server Information is to better understand how our visitors use the Website to improve the Website and our Products.

2. DIRECT MARKETING AND HOW YOU CAN MANAGE YOUR PREFERENCES

We may use your Personal Information, voluntarily provided by you in the circumstances described herein, to let you know about our products and services that we believe will be of interest to you. In all cases, we will respect your preferences for how you would like us to manage such marketing activity with you.

To protect privacy rights and to ensure you have control over how we manage marketing activities with you:

2.1 we will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you;

2.2 you can ask us to stop direct marketing at any time – you can ask us to stop sending email marketing, by following the ‘unsubscribe’ link you will find on all the email marketing messages we send you. You can also contact us at [email address protected by javascript].

2.3 you can change the way your browser manages cookies, which may be used to deliver online advertising, by following the settings on your browser as explained below in the “Cookies, Similar Sites and Third-Party Services” section.

We recommend you routinely review the privacy policies and preference settings that are available to you on any social media platforms you use, as well as your preferences within your Gismondi On Wine account.

3. COOKIES, SIMILAR SITES, AND THIRD-PARTY SERVICES

3.1 Use of Cookies, Web Beacons, Pixels and other Technologies

Our Website uses certain monitoring and tracking technologies (such as cookies, web beacons and pixels).

A cookie is a small text file that is stored in a web browser directory by a website or an advertisement related action. Our Website uses two types of cookies: session cookies and persistent cookies. Session cookies are created temporarily in your web browser directory while you are visiting a website and are deleted once you leave the website. Persistent cookies remain in your web browser and are activated again once you visit the website that created that specific cookie. A web beacon is a small file used by a website or an advertisement-related action to keep track of your navigation through a single website or a series of websites. A pixel is a small line of code which is used by a website or an advertisement-related action to assign online activities to a computer or browser.

We use these technologies to ensure proper operation of our Products and Website, collect information and ensure information security. Although our collection of such information is not used to personally identify users, we are still committed to giving you the opportunity to exercise your choice of opting out from our collection of such information. For removing cookies and other technologies used on our Website, please refer to the “Opt-Out Option” sub-section below.

We will not use the above technologies to collect Personal Information without obtaining your permission, unless where we are permitted to do so under applicable privacy laws.

3.2 Opt-Out Option

Please note that your browser enables you to disable all cookies (if you do not know how to do this, check out the “Help” file of your browser), however, this may interfere with your use of the Website or other internet websites.

If you would like to opt-out of the cookies that our Website may use (directly by us and not by third parties as referred to below), please email us at [email address protected by javascript]

If you use a new computer, upgrade or change web browsers or take any action which results in the deletion of the “opt out” cookie, you will need to perform this opt-out process again upon any such change.

For more information about cookies including how to set your internet browser to reject cookies please go to www.allaboutcookies.org.

3.3 Third Party Websites and Services

Our products may recommend third party websites which we feel may be of interest to you (“Similar Sites “). Additionally, there may be links on our Website to third party websites and services such as Google Analytics, and others (“Third-Party Services”). We do not have control over such Similar Sites or Third-Party Services, including their information collection and use practices. We are not responsible for their privacy practices or policies. We therefore recommend that you review the privacy policies of Similar Sites and Third-Party Services before providing them with your Personal Information. For more information about the Third-Party Services to which links are included in our Website, please contact us at [email address protected by javascript].

4. HOW WE USE PERSONAL INFORMATION

Gismondi On Wine will use Personal Information solely in order to provide you with our products and services, process your inquiries, respond to your requests and improve our services.

We may share some or all your Personal Information with our current or future subsidiaries, joint venture partners or other companies with whom we are under common control, provided such parties undertake to protect your privacy in at least the same manner as set out in this Privacy Policy.

In addition, we may share some or all your Personal Information in the manner and for the purposes described below:

4.1 with third parties who help manage our business and deliver services. These third parties have agreed to confidentiality restrictions and use any Personal Information we share with them solely for providing the contracted service to us. These include IT service providers who help manage our IT and back office systems;

4.2 with our regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order; and

4.3 we may collect and share Personal Information if required to do so as part of any legal proceedings conducted between you and Gismondi On Wine.

5. THE LEGAL BASIS FOR USING YOUR PERSONAL INFORMATION

We will only collect, use and share your Personal Information where we are satisfied that we have an appropriate legal basis to do this. This may be because:

5.1 you have provided your consent to us using the Personal Information (e.g. where you provide us with marketing consents or opt-in to optional additional services or functionality);

5.2 our use of your Personal Information is necessary to perform a contract or take steps to enter into a contract with you (e.g. providing you with our Products, and services, creating your user account);

5.3 our use of your Personal Information is in our legitimate interest as a commercial organisation, subject to your interests and fundamental rights. In these cases, we will always look after your information in a way that is proportionate and respects your privacy rights and you have a right to object to processing as explained in “your rights” section below;

5.4 our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we have (e.g. the disclosure of information to law enforcement or tax authorities).

If you would like to find out more about the legal basis for which we process Personal Information, please contact us.

6. TRANSFERS OF PERSONAL INFORMATION

Please be aware that your Personal Information may be transferred, stored and processed in countries outside your country of residence from which the information was collected, including the United States, where our servers are located, and our central database is operated. This means that your Personal Information will be subject to a different standard of data protection than that available in your country of residence. Gismondi On Wine will take appropriate steps to ensure that transfers of Personal Information are in accordance with applicable laws and carefully managed to protect your privacy rights and interests. To this end:

6.1 we ensure transfers within Gismondi On Wine will be covered by an agreement entered into by members of Gismondi On Wine (an intra-group agreement) which contractually obliges each member to ensure that Personal Information receives an adequate and consistent level of protection wherever it is transferred within Gismondi On Wine;

6.2 where we transfer your Personal Information outside Gismondi On Wine or to third parties who help provide our products and services, we obtain contractual commitments from them to protect your Personal Information. Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Information transferred from within the EU to the United States or other countries; or

6.3 where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Information is disclosed.

6.4 Subject to applicable laws, you have a right to contact us for more information about the safeguards we have put in place to ensure the adequate protection of your Personal Information when it is transferred as mentioned above. See the “Your Rights” section below for more details.

7. HOW WE PROTECT AND STORE YOUR INFORMATION

7.1 Security

We have implemented and maintain appropriate technical and organizational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. Note that, although we take measures to secure the information we collect and reduce the risk of unwanted disclosure, we cannot guarantee that the information will not be exposed because of unauthorized penetration to our servers. However, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. As the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect your user IDs and passwords, please take appropriate measures to protect this information.

7.2 Retention of your Personal Information

We will store your Personal Information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this Privacy Policy. In some circumstances we may store your Personal Information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax or accounting requirements.

In specific circumstances we may store your Personal Information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your Personal Information or dealings.

8. USE BY CHILDREN

We do not offer our products or services for use by children. If you are under 19 years old, you may not use the Website, our Products or provide any information to the Website without involvement of a parent or a guardian. We do not knowingly collect information from, and/or about children.

9. YOUR RIGHTS

You may revise your Personal Information by editing your account details. You also have the right to ask Gismondi On Wine to amend any Personal Information it holds about you if it is inaccurate or misleading by emailing [email address protected by javascript].

9.1 The following rights, which may be subject to certain exemptions, apply (in addition to the rights set forth above) to EU users:

9.1.1 You have a right to access information held about you. Your right of access can normally be exercised free of charge; however, we reserve the right to charge an appropriate administrative fee where permitted by applicable law.

9.1.2 You have a right to restrict the processing of your Personal Information, for example in case we no longer need your Personal Information for the initial purposes for which it was collected but it is required by you for the establishment, exercise or defence of legal claims.

9.1.3 You have a right to object to processing which has our legitimate interests as its lawful basis. We will no longer process your Personal Information upon your request, unless we have compelling legitimate grounds for the continuation of the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims. You may also object to our use of your Personal Information for direct marketing purposes. See the “Direct Marketing” and “Cookies” sections for how to unsubscribe, manage your marketing preferences and opt out of cookies.

9.1.4 You have a right to obtain a portable copy of Personal Information which is processed based on your consent, or which is necessary for the performance of a contract between us. You have a right to have such portable copy of Personal Information transferred to another data controller in a structured, commonly used and machine-readable format;

9.1.5 You also have a right to request details of the basis on which your Personal Information is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.

9.1.6 You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your Personal Information. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information to fulfil your request.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

10. HOW TO CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to contact us at [email address protected by javascript].

We will investigate and attempt to resolve complaints and disputes and will make every reasonable effort to honour your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by data protection laws.

You have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place of work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before your local supervisory authority.

Last updated: December 1, 2018