You will find below our privacy policy regarding the way we collect and process your personal data, and your rights regarding such personal data. We have tried to draft this document in an easily understandable way, but it remains a legally binding document with technical terms, which is why we are providing you with the following short, non-binding summary of this document.
We collect some personal data automatically, only for statistical purposes; otherwise, all of your personal data is given directly to us by you when you fill out our registration forms or when you make a purchase.
We process your personal data in compliance with the principles outlined in the regulations applicable to personal data protection, and in particular the General Data Protection Regulation EU 2016/679 of April 27, 2016 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).
We transfer your personal data to the United States and to third parties who take part in our services (for example, our payment partners), and who assist us in improving our service offerings to you. We sell your information to third parties only with your consent, and we require that all of our partners comply with the GDPR and all applicable data protection legislation in their use of your personal data.
You may exercise your rights under the GDPR by contacting us, including the right to access your personal data (i.e. receive a copy of the personal data we have), the right to portability of your personal data (transfer your personal data to someone else), the right to rectify any mistake in your personal data, and, under certain conditions, the right to erase your data, and the right to object to or to restrict the processing of your personal data.
We remain available to answer any questions you may have regarding this Privacy Policy, which may be directed to [email protected] and invite you to read the full, binding statement below.
This document constitutes a binding agreement (the “Privacy Policy”) between Club dVIN, LLC (“us”, “we”, “our”, or “Club dVIN”) and all visitors, users, and others who reside in the European Economic Area or the United Kingdom (“consumers” or “you”) regarding the collection and processing of personal data in the course of our in-person interactions with you, and by means of the website accessible via the domain clubdvin.com and our mobile application (collectively, the “Digital Platforms”) in connection with the provision of Products and Services (as those terms are defined in the Terms of Use).
Throughout this Privacy Policy, the expression "personal data" refers to any information relating to an identified or identifiable natural person, as defined by the GDPR. Personal data does not include publicly available information from government records or de-identified or aggregated consumer information.
The Privacy Policy aims to inform you of the conditions under which your personal data is collected and processed by us through the Digital Platforms and of the rights that you have regarding your personal data.
This Privacy Policy is incorporated into the Club dVIN LLC Terms of Use, which can be found here. Any defined terms not defined herein shall have the meaning ascribed to them in the Terms of Use.
In the course of our interactions with you, via the Digital Platforms and in person, for the provision of our Products and Services in accordance with our Terms of Use, we and our partners collect and process your personal data solely for the purposes detailed hereafter and in accordance with our Terms of Use.
We will not sell, share, or rent your personal data to others in ways different from what is disclosed in this Section 4 of this Privacy Policy.
When you use our Digital Platforms (regardless of whether you create a Club dVIN account), the following information about your visit is automatically collected by us, as it is sent by your browser or our mobile application:
· your computer's or mobile device's operating system;
· the application or software that you used to access our Digital Platforms;
· the time you accessed our Digital Platforms;
· your browser type, language configuration, clicks, and page views;
· the terminal with which you accessed our Digital Platforms; and
· when accessing our website, the websites you visited before accessing our website.
This automatic collection and processing enables us to administer the Digital Platforms and obtain visit statistics to improve your experience as a visitor and/or user of our Digital Platforms.
We use cookies to collect and store your personal data on our Digital Platforms, based on our legitimate interest to (i) ensure the proper functioning of our Website and (ii) improve our knowledge of the audience of our Digital Platforms.
A cookie is a piece of data stored on your hard drive containing information related to your visit to our Digital Platforms. We use cookies on certain of our pages to help analyze our web page flow, customize our services, content and advertising, measure promotional effectiveness and promote trust and safety. Cookies track your movement on our Digital Platforms, including what you view, and your transactions and purchases. They serve to improve and personalize your experience.
Cookies may be stored (i) by the Website you are visiting (a “first-party cookie”) or by a third-party technology provider (a “third-party cookie”), and (ii) either for the duration of your visit (a “session cookie”) or for a fixed period to remember you across subsequent visits to the Website.
Club dVIN uses cookies to facilitate the operation of our website; they are not and will not be used for any other purpose, and no data related to cookies will be made available to any third party.
Club dVIN only uses cookies to indicate:
· your identity, in the form of unique identifiers recognized only by our system;
· your authentication status, so we know if you are currently logged in or not (as being logged in is a distinct concept from thinking we know who you are);
· an identifier for which server is handling this session, to facilitate interactive reports;
· a token identifying your user session, to prevent certain types of security breaches; and
· transient information relating to the state of the current session.
These cookies do not allow you to be tracked in any way and are only necessary for the operation of our Digital Platforms.
We may therefore use technical cookies to the extent that they are essential for the proper functioning of the website, to enable access to its basic functions, and enable the effective operation of the services it contains.
We also collect and use certain cookies on our mobile application in order to improve your user experience. We do not use third-party cookies on the mobile application.
Please note that we may use a tool called “Google Analytics”, and tools within it such as Google Tag Manager and Google Firebase Analytics, to collect and analyze information about the use of our Digital Platforms. Google Analytics collects use information regarding how often you visit the Digital Platforms, what device you are using and what pages you visit when you do so, and what other sites you visited prior to coming to our website. We use the information we get from Google Analytics to improve our Digital Platforms. Google Analytics collects only the IP address assigned to you on the date you visit our Digital Platforms, rather than your name. Google’s ability to use and share information collected by Google Analytics about your visits to the Digital Platforms is restricted by the Google Analytics Terms of Use and the Google Privacy Policy, found here.
We also use a tool called “Hotjar” to collect information about the use of our Digital Platforms. Hotjar collects information about how users interact with our website, including by hovering over or clicking on links. Hotjar collects only the IP address assigned to you on the date you visit our Digital Platforms, rather than your name. Hotjar’s ability to use and share information collected by Hotjar about your visits to the Digital Platforms is restricted by the Hotjar Terms of Use and Hotjar Privacy Policy, found here.]
To the exception of those strictly necessary for the functioning of the website, you may at any time modify, delete, or block the cookies stored on your device by Club dVIN.
However, refusing a cookie may, in some instances, hinder or curtail your user experience on our website.
You may disable cookies that are not strictly necessary, including Google Analytics and Hotjar for the Digital Platforms by selecting “configure cookies” on the cookie banner when you access the Digital Platforms.
Depending on how you interact with our Digital Platforms, the personal data we collect from you may vary.
In order to use certain features of the Digital Platforms, you must register for a Club dVIN account.
The processing of your personal data for the creation of your Club dVIN account is based on the performance of pre-contractual measures taken at your request and/or performance of the contract concluded with you in relation to your access to the Digital Platforms, Products and Services.
We also offer sign-on services that allow you to use third-party login credentials to access our Digital Platforms. We do not collect your personal data through these third-party services, but your username will be visible to us when commenting on or sharing our content on social media sites.
To access our Products and Services, including Membership Participation Invitations and Tasking Tokens (collectively, the “Club dVIN NFTs”), you will need to set up and use a digital wallet (the “Wallet”).
If you already have a Wallet, we will only collect the blockchain address needed to send you the Club dVIN NFTs that you have purchased. If you do not have a Wallet, we will collect additional information needed to set up the Wallet (first name, last name, and email address).
The processing of your personal data for the creation or association of your Wallet is based on the performance of contract, including when processing payments and providing Club dVIN NFTs.
From time to time, Club dVIN will issue non-fungible tokens (NFTs) in connection with special events or Products sold by our service partners (“Tasting Tokens”). One feature of such Tasting Tokens is that they include geolocation data connected to tasting event or wine product. When participating in our events and acquiring Tasting Tokens, such geolocation information will be entered onto the blockchain.
The processing of your personal data in connection with these Tasting Tokens is based on the performance of contract. We will obtain your consent to the processing of this data at the time of purchase.
We may process your personal data for marketing purposes by sending you advertisements for current and future offerings, promotions and other non-transactional communications, personalized or not, from us and our partners (the “Promotional Content”).
We request your consent prior to sending you Promotional Content. Consent may be given by you upon registration for a Club dVIN account or thereafter by expressly opting-in to receive Promotional Content. Receipt of Promotional Content is opt-in only, and you must provide an email address, a name and surname to subscribe to it.
The processing of your personal data for sending Promotional Content is either based:
- on your specific prior separate consent, or;
- on our legitimate interest to conduct direct marketing to increase sales for similar products and services to those you have purchased.
You can choose to unsubscribe at any time, by: (1) clicking the “unsubscribe” link at the bottom of any email containing Promotional Content, which will take you to your account on the Club dVIN website; (2) directly through the account section on either the website or mobile application; or (3) by contacting Club dVIN directly.
In accordance with article 5(1)(e) of the GDPR, ClubdVIN collects your personal data for the purposes detailed in this Privacy Policy and for the retention periods detailed below:
Ensure the proper functioning of the Website and improve visitor/user experience
Data collected through tracers/cookies are stored for 13 months from the date on which cookies are placed.
Audience measurement (analysis of the performance of the content you consult on our Digital Platforms)
Tracers/cookies and the data collected by them are stored for 13 months from the date on which cookies are placed.
Your choices (consent to or refusal of cookies) are stored for 6 months from the date of collection of your consent.
Until the account is deleted, or 3 years from the date of your last account activity, whichever is earlier.
1 to 6 years from the date of your request, depending on the right exercised.
Where personal data is collected to confirm your identity, such data is deleted as soon as the verification has been completed.
3 years from the date of your last account activity.
After the retention period ends, your personal data will be deleted or placed on an archive database and retained for an additional period solely when necessary to preserve our rights or when legally required.
The Digital Platforms are either hosted in the United States or in Ireland.
Your personal data collected for the purposes described above may be processed and stored in the United States.
By accessing our Digital Platforms from the European Economic Area or the United Kingdom, you are consenting to the transfer of your personal data to the United States for the purposes described above.
In order to ensure the lawfulness of these transfers, we have executed and implemented the European Commission Standard Contractual Clauses approved in Decision (EU) 2021/914/EC of 4th June 2021, as and when required, with all relevant partners and processors.
In addition, Club dVIN undertakes to ensure the implementation of additional measures in order to endeavor to offer to guarantee a level of protection of your personal data that is materially equivalent to the one provided in the European Union and to ensure that such protection is effective.
We share your information with third parties to the extent necessary for achieving the purposes described herein. We also share aggregated information with analytics services to market our Products and Services more effectively.
With your consent, we may share your information with other third parties (i) to introduce you to additional products or services that may interest you, (ii) in connection with hosting our live events, and (iii) to improve the manner in which we promote our Digital Platforms, Products and Services.
We may outsource certain activities such as marketing assistance, email delivery, data analysis, and recruitment, and use a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personal data for any secondary purposes and are not allowed to use personal data, except for the purpose of providing these services. We have also ensured that our agreements with these third parties contain data protection clauses that guarantee appropriate safeguards.
We may share your personal data (name, email address) with third party sponsors of Club dVIN events for which you register. In such case, you will be informed of the purposes of any such collection and processing of your personal data, and your consent will be requested prior to the sharing of your personal data with such sponsors.
These third-party sponsors are responsible for the use of your personal data in accordance with their own privacy policies. We will however ensure that our agreements with these sponsors contain data protection clauses by which sponsors shall undertake to comply with all applicable legal requirements (including pursuant to EU law) and standards, including appropriate safeguards in relation to the processing of your personal data.
The Digital Platforms contain links to other websites. Please be aware that Club dVIN is not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave our Digital Platforms and to read the privacy statements of each and every website that you visit that collects personal data. This Privacy Policy applies solely to information collected by the Club dVIN’s Digital Platforms.
When you notify us of a rectification or erasure of your personal data or a restriction of processing, we will attempt to notify each recipient to whom your personal data has been disclosed (unless this proves impossible or involves disproportionate effort).
You may withdraw your consent at any time, where it has been requested.
With regard to your personal data, you have the following rights:
You may request access to your personal data that we collect and process.
Should you request such access, we will provide you with a copy of all your personal data in our possession and all other legally required information, including:
· the purposes of the processing;
· the categories of personal data concerned;
· the recipients to whom the personal data have been or will be disclosed;
· the duration of storage of the personal data; and
· further information on your rights regarding your personal data.
You have the right to portability of personal data that you have provided to us and that we process by automated means, where the processing we carry out is based on your consent or on the performance of a contract or pre-contractual measures, provided that exercising such right does not infringe third parties’ rights and freedoms.
This right allows you to receive your personal data in a structured, commonly used and machine-readable format in order for you to be able to transfer your personal data to another data controller or processor.
You may, at any time, request that we rectify inaccurate or incomplete personal data concerning you, and we will proceed accordingly and promptly.
You may request the erasure of your personal data on the terms provided for by the GDPR, and therefore provided that one of the following conditions apply:
· your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
· you withdraw your consent for the processing, in cases where it has been requested, and there is no other legal ground for the processing;
· you exercise your right to object to the processing of your personal data;
· your personal data was unlawfully processed; or
· your personal data has to be erased to comply with a legal obligation to which we are subject.
Where your specific situation justifies it, you may object, at any time, to the processing of your personal data by us when this processing is carried out in connection with our legitimate interests. We will honor your request unless our legitimate interests override your own interest, rights and freedoms, or the processing is necessary for determining, exercising, or defending rights in a court of law.
You may also, at any time, object to our processing of your personal data when this processing is carried out for marketing purposes.
You may request to restrict processing of your personal data on the terms provided for by the GDPR, and therefore when one of the following applies:
· where you contest the accuracy of your personal data, you can request the restriction of the processing of your personal data for the period required to verify your claim;
· where the processing is unlawful, you may choose to request the restriction of the use of your personal data instead of requesting its erasure;
· if we no longer need your personal data for the purpose of the processing, but you require this data for the establishment, exercise or defense of legal claims; or
· where you objected to the processing of your personal data carried out in our legitimate interests, you may request the restriction of this processing while we investigate your claim.
We have implemented physical, organizational, and technical measures designed to appropriately protect your personal data against accidental or unlawful destruction, accidental loss, unauthorized alteration, misuse and any other unlawful form of processing of your personal data.
All access to the Digital Platforms is, by default, encrypted and protected.
All personal data is stored in in a third-party database. Physical access to those servers is restricted; the servers are located in a datacenter that is only accessible to designated IT staff and is properly locked and off-limits to visitors.
If we decide to change our Privacy Policy, we will post those changes on our website, accessible from the home page and elsewhere, so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. A banner informing you of the change in this Privacy Policy will be displayed for two weeks after the change.
If at any point we decide to use personal data for purposes incompatible with those stated at the time it was collected, we will make reasonable efforts to notify you of the change by sending an email to your email address or by displaying a banner requesting your consent to this change for two weeks before the change takes effect. You will have the option to refuse the change and request the deletion of your Club dVIN account and your personal data.
If you have any question regarding this Privacy Policy or wish to exercise one of the rights detailed above, you may contact us at [email protected]. When exercising your rights, you will be required to verify your identity, including by providing appropriate documentation, to ensure that no third party can gain access to your personal data.
In case of a disagreement between you and Club dVIN concerning this Privacy Policy or our privacy practices, (including where a dispute is not solved by an amicable settlement), you can always contact your competent personal data protection authority to lodge a complaint.
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