Effective Date: January 1, 2023

Last Reviewed on Date: August 1, 2024

At Foley Family Wines, Inc. dba Foley Family Wines & Spirits (“FFW” or “we” or “our”), we want you to be familiar with how and why we collect, use and disclose information about you. This includes information we collect through our websites, www.ffws.com, www.foleyfoodandwinesociety.com and www.shop.foleyfoodandwinesociety.com  (collectively, the “Site”), our mobile applications for use with IOS and Android (our “Apps”), or your use of our Guest WiFi at our locations (collectively, our “Online Services”) and in connection with the operation of our business and the offering of our and our affiliates’ products and services. Some of this information may individually identify you or your household. This Privacy Policy explains our information practices with respect to the information collected and the choices you can make about the collection, access and use of your information.

This Privacy Policy also applies to our targeted content, including online offers and advertisements for our and our affiliates’ products and services, which we (or a service provider acting on our behalf) may send to you on our or our affiliates’ or third party websites, platforms and applications (collectively, “Third Party Sites”) based on your use of the Internet. These Third Party Sites may have their own privacy policies and terms and conditions. We encourage you to read each such privacy policy and terms and conditions before using those Third Party Sites. If you wish to opt out of interest-based advertising, please visit http://preferences-mgr.truste.com/ or http://optout.aboutads.info to manage your preferences. Alternatively, if you are located in a European country, you may visit http://www.youronlinechoices.eu/. Please note that you may continue to receive generic ads. For information on how you can delete the search history, cache and/or cookies from your devices, please visit this webpage.

This Privacy Policy does not apply to any personal data or information collected from or about any of our or our affiliates’ employees, job applicants or individual independent contractors. Personal data or information collected from any such individuals will be protected by our employment policies and handbook.

We are committed to safeguarding your privacy, ensuring that your personal information is protected and complying with all United States (“U.S.”) federal and state laws, as well as international laws, applicable to our processing of personal information. 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Online Services, purchase our goods or services, provide us with your personal information, or otherwise interact with us. By accessing or using any of our Online Services, providing us with personal information, purchasing our goods or services, or otherwise interacting with us, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see CHANGES IN OUR PRIVACY POLICY). Your continued use of any of our Online Services, any purchases of or interactions with our other products or services, provision of your personal information, or other interactions with us after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Persons Under the Age of 21

Our Online Services are not intended for persons under 21 years of age. No one under age 21 may provide any information to or on the Online Services. We do not knowingly collect, sell or share personal information from persons under 21 (which necessarily includes persons under the age of 16). If you are under 21, do not use or provide any information on the Online Services or on or through any of its features/register on the Online Services, make any purchases through the Online Services, use any of the interactive or public comment features of the Online Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a person under 21, we will delete that information. If you believe we might have any information from or about a person under 21, please contact us either (i) by email at privacy@ffws.com or (ii) by telephone at 844-285-2209.

WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE USE IT?

We collect information: (i) by which you may be personally identified, such as name, birthdate, age, postal address, e-mail address telephone number, veteran status, personal preferences, credit card information, including billing address, or any other identifiers by which you may be contacted online or offline; (ii) that is about you but individually does not identify you, such as IP address or other online identifiers; and/or (iii) about your internet connection, the equipment you use to access our Online Services and usage details (collectively, “Personal Information”).

FFW collects and processes Personal Information solely to the extent (i) that it has a legitimate, lawful basis for processing and (ii) that such Personal Information is relevant to the purposes for which it was collected or disclosed.

In particular, we process Personal Information for the specific purposes listed below. The following explains which Personal Information we collect for each purpose, the exact nature of the purpose, the length such data is stored, the basis for collection, and any further relevant information. FFW will not collect additional categories of Personal Information or use the Personal Information we collected for additional purposes without providing you notice. We do not retain Personal Information for longer than is reasonably necessary for the purpose for which it was collected.

A.   Surfingon our Site or Using Our Online Services

1.             Which Personal Information do we collect about you? For this purpose, we process the following Personal Information: information about the type of browser you use, the size of the browser window, the screen resolution, the URL of the page that you are viewing, the title and other details of the web pages you have viewed, your location from IP address (not the IP address itself), your device address, your Cookie ID, hyperlinks that you have clicked, whether or not your browser has Java enabled, what version of certain software your browser uses, browsing information when you use our Online Services like browsing history, time, date and duration of your visit, the language settings from your browser, details of your visits to our websites, including traffic data, logs, and other communication data and the resources that you access and use on the websites and any other information you choose to share when using Third Party Sites (such as when you use the “Like” functionality on Facebook), and the websites you visited before using our Online Services. Additionally, when you use location-enabled services on your device, we may receive specific location information drawn from your device’s GPS or Bluetooth signal and information about nearby WiFi networks and cell towers. This Personal Information constitutes internet and other similar network activity, as described in the SPECIAL U.S. PRIVACY INFORMATION Section below.

2.             What is the Purpose of Processing your Personal Information? We (and third party service providers acting on our behalf or on their own behalf) use cookies and similar technologies to process data about you when you use our Online Services. Cookies are files that store information on your computer hard drive or browser that mean that we can recognize that you have visited us before. We use cookies and similar technologies to improve our products and your experience on our Online Services by evaluating the use of our Online Services, products and services to personalize content and ads, to provide social media features and to analyze our traffic. You can view more information on the cookies used and adjust your cookie preferences via the Cookie Consent Tool on our Online Services.

Do Not Track (“DNT”) is a privacy preference that users can set in their web browsers. When our Online Services receive a DNT code, except in the case of certain scenarios where a user actively and knowingly provides Personal Information (e.g. contact forms), our Online Services will not track your use across multiple websites other than the affiliated websites, but other websites (including, without limitation, websites of certain of our affiliates and third party providers) to which we link, or to which you visit, may continue to track you. When our Online Services receive web requests from a user who enables DNT by actively choosing an opt-out setting in the user’s browser, we will also take reasonable efforts to disable tracking cookies/scripts (e.g., Google Analytics, Google Adwords, Facebook, Twitter and/or other third party scripts).

3.             How long do we store your Personal Information? We store your Personal Information for up to thirteen (13) months (depending upon the type of technology used to collect such Personal Information)after you provide the Personal Information to us, unless we are required by law to store the Personal Information for a longer period in which case we store the Personal Information for the period required by applicable law.

4.             What is the Basis for Processing your Personal Information? Yourconsent through our Cookie Consent Tool.

5.             Additional Comments: It is always possible for you to use our Online Services without disclosing your Personal Information. This requires that you have disabled cookies. You can opt out of the processing of such information via the Cookie Consent Tool or through your browser settings. For information on how you can delete the search history, cache and/or cookies from your devices, please visit this webpage. Please note, however, that without cookies you may not be able to use all of the features of our Online Services. 

B.            Contact to Deal with Requests, Provide Information about and Support for, Our Products, Services or Promotions, Support Your Use of Our Online Services, Participate in our Mail Lists, and Provide Newsletters, Surveys and other News Releases

1.             Which Personal Information do we collect about you? For this purpose, we process the following Personal Information: your first and last names, postal address, your email address and your purchases and preferences. This Personal Information constitutes identifiers, California customer records personal information, commercial information and inferences, as described in the SPECIAL U.S. PRIVACY INFORMATION Section below.

2.             What is the Purpose of Processing your Personal Information? We process your Personal Information whenever you contact us in order to respond to your inquiries and comments. We process your Personal Information to provide you with the information that you request from us, including responding to your queries or comments, providing support for our products and services, and sending you products, services or samples that you have requested. We process your Personal Information when you log onto or use our Online Services. Additionally, we process your Personal Information for your participation and receipt of our mailing lists materials, promotional materials, newsletters, surveys and other new releases. We look at the products you have viewed on our Online Services to better serve your interests and needs.

3.             How long do we store your Personal Information? We store your Personal Information for the period during which you have an account with any of our Online Services, participate in our mailing lists, promotions, surveys or newsletters, or maintain any Loyalty Points plus five (5) years or if you do not have an account, participate in any such activities or maintain any Loyalty Points, then we store your Personal Information for five (5) years from your last interaction with us, unless we are required by law to store the Personal Information for a longer period in which case we store the Personal Information for the period required by applicable law.

4.             What is the Basis for Processing your Personal Information? Performance of the contract with, or requested by, you and/or and the processing is necessary for the purposes of our legitimate interests in operating our business and providing our products and services to consumers. If you wish to discontinue receiving this information, you may update your preferences by using the “Unsubscribe” link found in the emails that we send to you or by contacting us at privacy@ffws.com.

C.            Purchases of Product, Participate in a Tasting or Tour, Create any Account or Participate in a Wine Club or Loyalty Program

1.             Which Personal Information do we collect about you? For this purpose, we process the following Personal Information: your first and last names, your postal address, your email address, your birthdate, your credit/debit card or other payment information, and information about your purchases and preferences. This Personal Information constitutes identifiers, California customer records personal information, financial information, commercial information, and inferences, as described in the SPECIAL U.S. PRIVACY INFORMATION Section below.

2.             What is the Purpose of Processing your Personal Information? We process your Personal Information in order to facilitate your purchases of our wine or other products, to facilitate your participation in one or more of our wine clubs and/or loyalty programs, to facilitate your participation in a tour, tasting or other event at one of our locations and to provide all related communications.

3.             How long do we store your Personal Information? We store your Personal Information for so long as you maintain an account with any of our Online Services, participate in a wine club or other loyalty program or maintain any Loyalty Points plus five (5) years or if you have no account, do not participate in the wine club or other loyalty program or maintain any Loyalty Points, then we store your Personal Information for five (5) years after the given transaction, unless we are required by law to store the Personal Information for a longer period in which case we store the Personal Information for the period required by applicable law.

4.             What is the Basis for Processing your Personal Information? Performance of a contract and the processing is necessary for the purposes of our legitimate interests in operating our business and providing our products and services to consumers.

D.           Improving Our Existing Products and Services and Developing New Products and Services

1.             Which Personal Information do we collect about you? For this purpose, we process the following Personal Information: your first and last names, your postal address, your email address, information about your purchases and preferences and information related to your use and purchasing of our products and services, including our Online Services. This Personal Information constitutes identifiers, California customer records personal information, commercial information, and inferences, as described in the SPECIAL U.S. PRIVACY INFORMATION Section below.

2.             What is the Purpose of Processing your Personal Information? We process your Personal Information in order to improve our products and services, including our Online Services and create or develop new products and services, including new Online Services.

3.             How long do we store your Personal Information? We store your Personal Information for so long as you maintain an account with any of our Online Services, participate in a wine club or other loyalty program or maintain any Loyalty Points plus five (5) years or if you have no account and do not participate in the wine club or maintain any Loyalty Points, then we store your Personal Information for five (5) years after your last interaction with us, unless we are required by law to store the Personal Information for a longer period in which case we store the Personal Information for the period required by applicable law.

4.             What is the Basis for Processing your Personal Information? Performance of a contract and the processing is necessary for the purposes of our legitimate interests in operating our business, improving our existing products and services and developing new products and services.

E.            To Market, Promote or Advertising Our Own and Third Party Products and Services

1.             Which Personal Information do we collect about you? For this purpose, we process the following Personal Information: your first and last names, postal address, your email address and your purchases or preferences. This Personal Information constitutes identifiers, California customer records personal information, commercial information, and inferences, as described in the SPECIAL U.S. PRIVACY INFORMATION Section below.

2.             What is the Purpose of Processing your Personal Information? We process your Personal Information in order to market, promote and advertise our own products and services and the products and services of third parties, including our affiliates and other business partners. We also look at the products and services you have viewed, purchased and used on our Online Services to better market, promote and advertise our and third parties’ goods and services to you.

3.             How long do we store your Personal Information? We store your Personal Information until you opt out of our marketing and promotions, unless we are required by law to store the Personal Information for a longer period in which case, we store the Personal Information for the period required by applicable law.

4.             What is the Basis for Processing your Personal Information? Your consent (as applicable) and our legitimate interests in operating our business and providing our products and services to consumers. If you wish to discontinue receiving this information, you may update your preferences by using the “Unsubscribe” link found in the emails that we send to you or by contacting us at privacy@ffws.com. California, Colorado, Connecticut, Utah and Virginia residents have additional rights with regard to marketing, promotions and advertising as outlined in the SPECIAL U.S. PRIVACY INFORMATION Section below.

F.            Performance of Relevant Administrative Services Requested or Necessary to Facilitate our Relationship

1.             Which Personal Information do we collect about you? For this purpose, we process the following Personal Information: your first and last names, your address, your email address and, to the extent applicable to the situation, your criminal or credit history. This Personal Information constitutes identifiers, as described in the SPECIAL U.S. PRIVACY INFORMATION Section below.

2.             What is the Purpose of Processing your Personal Information? We will process your Personal Information for the purposes of performing administrative services requested or necessary to facilitate our relationship (e.g., facilitating payments or deliveries of products, services, information or materials) or to fulfill requests you have made (e.g., registration).

3.             How long do we store your Personal Information? We store your Personal Information for so long as you maintain an account with any of our Online Services, participate in a wine club or maintain any Loyalty Points plus five (5) years or if you have no account, do not participate in the wine club or maintain any Loyalty Points, then for five (5) years after you provide the Personal Information to us, unless we are required by law to store the Personal Information for a longer period in which case we store the Personal Information for the period required by applicable law.

4.             What is the Basis for Processing your Personal Information? Performance of the contract with, or requested by, you and the processing is necessary for the purposes of our legitimate interests in operating our business and in protecting our business, products, services or a person or property or to defend ourselves against claims or potential claims.

G.  Manage and Support our Business Operations

1.             Which Personal Information do we collect about you? For this purpose, we process the following Personal Information: your first and last names, your address, your email address and your purchases and preferences. This Personal Information constitutes identifiers, California customer records personal information, commercial information, and inferences, as described in the SPECIAL U.S. PRIVACY INFORMATION Section below.

2.             What is the Purpose of Processing your Personal Information? We will process your Personal Information for the purposes of developing and operating financial/credit/conduct and risk models, conduct internal analysis of customers, plan strategy and growth, collate reports, manage information to support our business operations.

3.             How long do we store your Personal Information? We store your Personal Information for so long as you maintain an account with any of our Online Services, participate in a wine club or maintain any Loyalty Points plus five (5) years or if you have no account, do not participate in the wine club or maintain any Loyalty Points, then for five (5) years after you provide the Personal Information to us, unless we are required by law to store the Personal Information for a longer period in which case we store the Personal Information for the period required by applicable law.

4.             What is the Basis for Processing your Personal Information? Processing is necessary for the purposes of our legitimate interests in operating our business and providing our products and services to consumers.

H.  Respond to Consumer Complaints and Reports of Business Concerns

1.             Which Personal Information do we collect about you? For this purpose, we process the following Personal Information: your first and last names, your postal address, your email address and relevant information about (i) the complaint or business concern, (ii) the situation or circumstances giving rise to the complaint or business concern and/or (iii) any other Personal Information that you volunteer in your report or follow up communications. This Personal Information constitutes identifiers and may include California customer records personal information, commercial information, and other Personal Information, including, without limitation, Personal Information that may be considered “sensitive” (e.g., information on your health or ethnic origin) (“Sensitive Personal Information”), as described in the SPECIAL U.S. PRIVACY INFORMATION Section below.

2.             What is the Purpose of Processing your Personal Information? We will process your Personal Information for the purposes of responding to any consumer complaints or responding to reports from consumers about business concerns related to our businesses and operations.

3.             How long do we store your Personal Information? We store your Personal Information for the period during which the complaint or business concern is being handled plus three (3) years, unless (i) we are required by law to store the Personal Information for a longer period in which case we store the Personal Information for the period required by applicable law or (ii) unless we reasonably anticipate litigation with regard to the matter in which case we would retain relevant Personal Information until such time as the litigation is concluded or is no longer reasonably anticipated.

4.             What is the Basis for Processing your Personal Information? Our basis for processing is your consent with regard to Personal Information you volunteer with regard to your complaint or business concern or a legal obligation to which we are subject.

I.             Prevention of Harm to Us, Our Products or Services or a Person or Property (e.g., Fraud and Other Illegal Activity Prevention) Defend Ourselves against Claims or Potential Claims or Enforce Our Contracts

1.             Which Personal Information do we collect about you? For this purpose, we process the following Personal Information: your first and last names, your address, your email address, your criminal or credit history and relevant information about (i) the harm or potential harm or illegal activity, (ii) the claim or potential claim or illegal activity or (iii) the situation or circumstances giving rise to harm, potential harm, claim or potential claim or illegal activity. This Personal Information constitutes identifiers and may include California customer records personal information, commercial information, and other Personal Information or Sensitive Personal Information, as described in the SPECIAL U.S. PRIVACY INFORMATION Section below.

2.             What is the Purpose of Processing your Personal Information? We will process your Personal Information for the purposes of preventing harm to FFW or any of its affiliates, their products or services or to any person or property (e.g., fraud prevention or other illegal activity) and/or in the bringing or prosecution of a claim or potential claim against you. This includes our efforts to implement, maintain and modify our information systems, networks and cybersecurity protections. In addition, we may process your Personal Information for the purposes of defending FFW and/or its affiliates against claims or potential claims made against one or more of them or enforcing any contracts between you and FFW or any of its affiliates or the terms of service/use with regard to any of our products or services, including our Online Services.

3.             How long do we store your Personal Information? We store your Personal Information for three (3) years after you provide the Personal Information to us, unless (i) we are required by law to store the Personal Information for a longer period in which case we store the Personal Information for the period required by applicable law or (ii) unless we reasonably anticipate litigation with regard to the matter in which case we would retain relevant Personal Information until such time as the litigation is concluded or is no longer reasonably anticipated.

4.             What is the Basis for Processing your Personal Information? Our basis for processing is (i) a legal obligation to which we are subject or (ii) the processing is necessary for the purposes of our legitimate interests in protecting our business, products, services or a person or property or to defend ourselves against claims or potential claims.

J.             Communicate with You regarding our Online Services, Privacy Policy or Otherwise

1.             Which Personal Information do we collect about you? For this purpose, we process the following Personal Information: your first and last names, your email address and your postal address. This Personal Information constitutes identifiers, as described in the SPECIAL U.S. PRIVACY INFORMATION Section below.

2.             What is the Purpose of Processing your Personal Information? We process your Personal Information whenever there are material changes to our Privacy Policy for the purposes of informing you of those material changes (to the extent we are legally required to do so), obtaining your consent, if necessary, and otherwise communicating with you about your Personal Information.

3.             How long do we store your Personal Information? We store your Personal Information for so long as we are processing your Personal Information plus five (5) years or if you have no account, do not participate in the wine club or maintain any Loyalty Points, then for five (5) years , unless we are required by law to store the Personal Information for a longer period in which case we store the Personal Information for the period required by applicable law.

4.             What is the Basis for Processing your Personal Information? Performance of the contract with, or requested by, you and our legitimate interests in operating our business and complying with our legal obligations. If your consent was initially required, then your consent is the basis for this processing.

There are additional disclosures for California, Colorado, Virginia, Connecticut and Utah residents in the SPECIAL U.S. PRIVACY INFORMATION Section below. 

HOW DO WE DISCLOSE PERSONAL INFORMATION?

We engage other companies, including, without limitation, certain of our affiliates (“Agents”), to perform certain services on our behalf. Except as otherwise excluded in this Privacy Policy, we may disclose Personal Information with these Agents to perform the services, and, in fulfillment of the services, these Agents may disclose Personal Information collected on our behalf with us. Pursuant to written agreements with these Agents, which agreements afford appropriate, and all required, protections of your Personal Information, we use these Agents to provide the following services on our behalf:

·      email and other information technology services;

·      other products and services used in the operation of our businesses, including our Online Services;

·      advertising, promotional and marketing providers and partners, including fulfilment providers;

·      consumer relations, including consumer complaint response services;

·      professional services provided to us, including financial services, accounting services and legal representation, including with regard to prevention harm to our company, its affiliates, our products or services or a person or property (e.g., fraud and other illegal activity prevention);

·      third parties when required or permitted by law; and

·      third parties when we are fulfilling the purpose for which you provide it (e.g., if you give us an email address to use the “email a friend” feature of one of our Site, we will transmit the contents of that email and your email address to the recipients).

All of our Agents are bound by contract to refrain from using your Personal Information for any purpose other than providing the applicable service to us. We are liable to you for our Agents’ appropriate processing of your Personal Information in a manner consistent with this Privacy Policy and applicable data privacy laws and regulations.

As described above, we use Agents to manage our advertising on other websites. These Agents may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests. Any Personal Information gathered by these Agents is not provided by the Agents to FFW. It is only used by the applicable Agent pursuant to its own privacy policies. If you wish to opt out of interest-based advertising, please visit http://preferences-mgr.truste.com/ or http://optout.aboutads.info to manage your preferences. Alternatively, if you are located in a European country, you may visit http://www.youronlinechoices.eu/. Please note that you may continue to receive generic ads. For information on how you can delete the search history, cache and/or cookies from your devices, please visit this webpage.

In addition to disclosures described above, we may disclose or transfer Personal Information in connection with, or during negotiations of, any merger, acquisition, spin-off, sale of company assets, product lines or divisions, any financing or any similar transaction. We may also disclose Personal Information to prevent damage or harm to us, our products or services or any person or property, or if we believe that disclosure is required to meet national security or law enforcement requirements or is necessary or appropriate to protect the rights, property, or safety of any of companies, our customers, or others. We will disclose Personal Information in response to a lawful request by public authorities or to otherwise comply with any court order, law, or legal process, including to respond to any government or regulatory request.  Additionally, we will disclose Personal Information to enforce or apply our Terms of Service and other agreements, including for billing and collection purposes. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. Except as described in this Privacy Policy, we will not otherwise disclose Personal Information to any third parties unless you have been provided with an opportunity to opt in to such disclosure.

When FFW transfers Personal Information to countries other than the country where it was provided, we do so in compliance with applicable data privacy or data protection laws and/or regulations, including, as applicable, the European Union General Data Protection Regulation 2016/679 (the “GDPR”), the European Union retained law version of the GDPR (as adopted by the United Kingdom (the “U.K.”)) and the U.K. Data Protection Act 2018 (c.12) (collectively, the “U.K. Data Protection Laws”), Switzerland’s Federal Act on Data Protection (“FADP”) and/or the standard contractual clauses or any variation thereof that is required, as a result of any change or difference in applicable data protection law(s) or regulation(s) or a change in a decision of a competent authority under any applicable data privacy or data protection law or regulation, to allow such transfers to be made (or continue to be made) without breach of any applicable data privacy or data protection law or regulation, (collectively, the “Standard Contractual Clauses”). We may transfer Personal Information from persons outside of the U.S. to affiliates or other third parties located either in the U.S. or otherwise; provided that such transfers to the U.S. or other countries from any of the European Economic Area (the “E.E.A.”) member states, the U.K. or Switzerland will comply, as applicable, with the GDPR, U.K. Data Protection Laws, FADP, and/or the Standard Contractual Clauses in all respects.

We will not disclose or share with any third parties, including our affiliates or business partners, any text messaging originator opt-in data and consents. The texting opt-in and consents are not transferable, and will not be transferred, to any third party.

There are additional disclosures for California, Colorado, Virginia, Connecticut and Utah residents in the SPECIAL U.S. PRIVACY INFORMATION Section below. 

LINKS TO OTHER WEBSITES

Our Online Services may contain links to the websites of our affiliates (some of which do not fall under the jurisdiction of the GDPR, the U.K. Data Protection Laws and/or the FADP) and to websites that are owned and operated by third parties. These other websites may have their own privacy policies and are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of websites owned and operated by any such third parties. Other websites may collect and treat information collected differently.

YOUR RIGHTS WITH REGARD TO YOUR PERSONAL INFORMATION

As provided under applicable data privacy or data protection laws or regulations, you may have the following rights with regard to your Personal Information: (i) the right to access and know; (ii) the right to rectification (i.e., correction); (iii) the right to erasure (i.e., deletion); (iv) the right to restrict processing; (v) the right to object to processing; (vi) the right to opt out of certain processing; (vii) the right to data portability; and (viii) the right to withdraw consent. If you have such rights, you may exercise any of these rights by contacting us at privacy@ffws.com.

You may also have the right to lodge your complaints with the applicable legal authorities, including, without limitation, the applicable E.U. supervisory authority(ies), the U.K. Information Commissioner, the Swiss Federal Data Protection and Information Commissioner, and/or and the California Privacy Protection Agency. 

FFW will respond to your requests in accordance with, and within the appropriate timeframe determined by, the applicable law governing the use of the given Personal Information. In most cases, FFW will respond to requests within one month; provided, however, if the request is complex, FFW may extend its response time in accordance with applicable law.

There are additional disclosures for California, Colorado, Virginia, Connecticut and Utah residents in the SPECIAL U.S. PRIVACY INFORMATION Section below. 

SPECIAL U.S. PRIVACY INFORMATION 

Some of the Personal Information and Sensitive Personal Information we collect information constitutes “personal information” or “sensitive personal information” under the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”) or “personal data” or “sensitive data” under the Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“ColoPA”), the Connecticut Act Concerning Personal Information Privacy and Online Monitoring (“CTDPA”), Utah Consumer Privacy Act (“UCPA”), or other similar state laws.

In particular, within the last twelve (12) months, we collected (whether directly, indirectly (e.g., by observing your actions on the Online Services) or from third parties) the categories of Personal Information, which constitute “personal information” or “sensitive personal information” under the CCPA and CPRA or “personal data” or “sensitive data” under the VCDPA, ColoPA, CTDPA, UCPA or other similar state laws, listed in the table below. Any such collection has been for of the purposes included in the appropriate section of the WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE USE IT? Section above.

PERSONAL DATA CATEGORY	EXAMPLES	COLLECTED IN THE PAST TWELVE MONTHS	DISCLOSED FOR A BUSINESS PURPOSE	SOLD OR SHARED FOR CROSS-CONTEXT BEHAVIORAL ADVERTISING
Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers	Yes	Yes	No
California Customer Records Personal Information	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy 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	Some, but not all	No
Protected classification characteristics under state or federal law	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, or genetic information (including familial genetic information).	Yes	Some, but not all	No
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes	Yes	No
Internet or other similar network activity	Browsing history, search history, or information on a consumer’s interaction with a website, application, or advertisement.	Yes	Yes	No
Geolocation data	Physical location or movements. Does not include precise geolocation, which is Sensitive Personal Information.	Yes	Yes	No
Sensory data	Audio, electronic, visual, thermal, olfactory, or similar information.	Yes	No	No
Inferences drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Yes	Yes	No
SENSITIVE PERSONAL INFORMATION CATEGORY	EXAMPLES	COLLECTED	DISCLOSED FOR A BUSINESS PURPOSE	SOLD OR SHARED FOR CROSS-CONTEXT BEHAVIORAL ADVERTISING
Government identifiers	Social security, driver’s license, state identification card, or passport number	Yes	Yes	No

For the purposes of this Section, Personal Information does not include publicly available information from government records, lawfully obtained, truthful information that is a matter of public concern, deidentified or aggregated consumer information or information specifically excluded from the scope of applicable data protection laws, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data or other biomedical research study or personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), the Federal Farm Credit Act of 1971, and the Driver’s Privacy Protection Act of 1994.

We have not sold any Personal Information or Sensitive Personal Information of consumers in the last 12 months, and we have not shared any Personal Information or Sensitive Personal Information of consumer of consumers with third parties for cross-context behavioral advertising in the last 12 months.

FFW obtains the categories of Personal Information listed above from the following categories of sources:

·     Directly from you. For example, from forms you complete or products and services you purchase.

·     Automatically as you navigate through the Online Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

·     From third parties, including, our business partners, service providers, and affiliates. These service providers include, but are not limited to, data providers, data brokers and data aggregators.  

We disclose this Personal Information and Sensitive Personal Information for a business purpose to the following categories of third party Agents:

·     email and other information technology services;

·     other products and services used in the operation of our businesses, including our Online Services;

·   advertising, promotional and marketing providers and partners, including fulfilment providers.

·   consumer relations, including consumer complaint response services;

·   professional services provided to us, including financial services, accounting services and legal representation, including with regard to prevention harm to our company, its affiliates, our products or services or a person or property (e.g., fraud and other illegal activity prevention);

·   third parties when required or permitted by law; and

·   third parties when we are fulfilling the purpose for which you provide it (e.g., if you give us an email address to use the “email a friend” feature of one of our Site, we will transmit the contents of that email and your email address to the recipients).

As applicable, certain state privacy laws, such as the CCPA, CPRA, ColoPA, VCDPA, CTDPA, and UCPA provide their residents, respectively, with specific rights regarding their Personal Information.

A.   Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information and Sensitive Personal Information. Once we receive and verify your request (please see Subsection Exercising Access, Data Portability, Correction, and Deletion Rights below for more information), we will disclose to you, as applicable:

·      The categories of Personal Information and Sensitive Personal Information we collected about you.

·      The categories of sources for the Personal Information and Sensitive Personal Information we collected about you.

·      Our business or commercial purpose for collecting, or sharing that Personal Information and Sensitive Personal Information. We do not sell any Personal Information or any Sensitive Personal Information.

·      The categories of third parties with whom we disclose that Personal Information and Sensitive Personal Information.

·      The specific pieces of Personal Information and Sensitive Personal Information we collected about you (also called a data portability request).

·      If we sold or disclosed your Personal Information and Sensitive Personal Information for a business purpose, two separate lists disclosing:

• the Personal Information and Sensitive Personal Information categories that we sold and for each category identified, the categories of third parties to whom we sold that particular category of Personal Information or Sensitive Personal Information; and
• the Personal Information and Sensitive Personal Information categories that we disclosed for a business purpose and for each category identified, the categories of third parties to whom we disclosed that particular category of Personal Information or Sensitive Personal Information.

B.   Correct Specific Information. You may have the right to request that we correct inaccurate Personal Information about you. Once we receive and verify your request (please see Subsection Exercising Access, Data Portability, Correction, and Deletion Rights below for more information), we will use commercially reasonable efforts to correct the information to comply with your request. This right is not afforded to residents of Utah.

C.   Deletion Request Rights. You have the right to request that we delete any of your Personal Information or Sensitive Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request (please see Subsection Exercising Access, Data Portability, Correction, and Deletion Rights below for more information), we will delete (and direct our service providers to delete) your Personal Information [or Sensitive Personal Information] from our records, unless an exception applies. In responding to your request, we will inform you whether or not we have complied with the request, and, if we have not complied, provide you with an explanation as to why.

We may deny your deletion request if retaining the information is necessary for us, or our service provider(s), to:

·      Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

·      Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes.

·      Debug products to identify and repair errors that impair existing intended functionality.

·      Exercise free speech, ensure the right of another consumer to exercise his/her free speech rights, or exercise another right provided for by law.

·      Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

·      Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

·      Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

·      Comply with a legal obligation.

D.   Limit Use and Disclosure of Sensitive Personal Information. You may have the right, at any time, to direct FFW to limit our use and disclosure of your Sensitive Personal Information to use which is necessary for certain purposes enumerated in applicable law (“Enumerated Purposes”). To the extent we use or disclose your Sensitive Personal Information for purposes other than the Enumerated Purposes (described below), you have the right to limit such use or disclosure. Currently, we do not use Sensitive Personal Information for purposes other than the Enumerated Purposes. To the extent applicable, you may also have the right to withdraw consent you provided for our use and disclosure of your Sensitive Personal Information.

The Enumerated Purposes include the following:

(1)          To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.

(2)          To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted Personal Information, including Sensitive Personal Information.

(3)          To resist malicious, deceptive, fraudulent, or illegal actions directed at us and to prosecute those responsible for those actions.

(4)          To ensure the physical safety of natural persons.

(5)          For short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with us, provided that we will not disclose the Sensitive Personal Information, to another third party and will not use it to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with us.

(6)          To perform services on behalf of us, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of our business.

(7)          To verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by us.

Currently, we do not use Sensitive Personal Information for purposes other than the Enumerated Purposes above.

E.   Exercising Access, Data Portability, Correction and Deletion Rights. To exercise the access, data portability, correction, and deletion rights described above, please submit a consumer request to us through one of the following:

·     Calling us at 844-285-2209.

·     Emailing us at privacy@ffws.com.

·     Mailing a request to 10300 Chalk Hill Road, Healdsburg, CA 95448.

When you use a request method above, we will request certain information for verification purposes, such as your name, address, and e-mail address. We will use this information to verify this is a permitted request, such as by matching your name and address with information in our records. Depending on the type of request, we may require a certain number of data points to allow for verification.

Only you, or a person properly authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

An authorized agent may make a request on your behalf using the request methods designated above. Additionally, if you use an authorized agent to submit a consumer request, we may require the authorized agent to provide proof that you gave the agent signed permission to submit the request. We may also require you to verify your own identity directly with us or directly confirm with us that you provided the authorized agent permission to submit the request.

You may only make a consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

·      Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized agent of such person.

·      Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

If we deny your request, you may have the right to appeal our decision. Further, if you appeal and your appeal is denied, you may the right to complain to your state’s attorney general. You may appeal your decision by contacting us at privacy@ffws.com.

F.   Response Timing and Format. In accordance with applicable law, we endeavor to respond to consumer requests within forty-five (45) days of its receipt. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. We will also notify your account following the correction of inaccurate information, or the deletion of Personal Information.

The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

G.  Non-Discrimination. We will not discriminate against you for exercising any of your rights. Unless permitted by applicable laws, in connection with you exercising your rights, we will not:

·               Deny you goods or services.

·               Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

·               Provide you a different level or quality of goods or services.

·               Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by applicable laws that can resultin different prices, rates, or quality levels. Any legally-permitted financial incentive we offer will reasonably relate to your Personal Information’s value to us 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.

H.  Other California Privacy Rights. California Civil Code Section § 1798.83 permits California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make these requests, please send an email to privacy@ffws.com or by mail to 10300 Chalk Hill Road, Healdsburg, CA 95448.

HOW WE PROTECT PERSONAL INFORMATION

FFW maintains reasonable and appropriate technical and organizational security measures designed to help protect against loss, misuse, and alteration of Personal Information collected and processed by FFW. However, information transmitted on the Internet and/or stored on systems attached to the Internet is not 100% secure. As a result, we do not ensure, warrant or guarantee the security or integrity of such information.

DISPUTE RESOLUTION

FFW commits to resolve complaints about our collection or use of your Personal Information. Individuals with inquiries or complaints regarding this Privacy Policy should first contact FFW’s Privacy Personnel at privacy@ffws.com or by mail to 10300 Chalk Hill Road, Healdsburg, CA 95448. To the extent applicable, you may also have the right to lodge your complaints with the applicable legal authorities, including, without limitation, the applicable E.U. supervisory authority(ies), the U.K. Information Commissioner, the Swiss Federal Data Protection and Information Commissioner, and the California Privacy Protection Agency.

CHANGES IN OUR PRIVACY POLICY

We may amend this Privacy Policy at any time. To the extent required by applicable law, FFW will contact individuals whose Personal Information is within the scope of such law and then currently being processed by FFW to obtain prior affirmative express consent to any material changes to how we collect, use, process, and/or share such individual’s Personal Information or to this Privacy Policy. Otherwise, it is our policy to post any changes we make to this Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Site. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Site and this Privacy Policy to check for any changes.

YOUR ACKNOWLEDGEMENT OF THIS PRIVACY POLICY AND WHEN WE ASK FOR YOUR CONSENT

By using our Online Services, providing us with Personal Information, purchasing our goods or services, or otherwise interacting with us, you acknowledge that we are processing your Personal Information in accordance with this Privacy Policy. If you do not wish that we process your Personal Information in this way, please do not use our Online Services, purchase our goods or services, provide us with your Personal Information, otherwise interact with us.

We process your Personal Information as described above. In certain instances, we only process your Personal Information if you have consented (for example, in cases where we process your Personal Information for job applications or seeking employment). Where we process your Personal Information on the basis of your consent, we will ask for your consent explicitly but, in some cases and only where permitted by applicable law, we may infer in a transparent manner consent from your actions. We may also ask you to provide additional consent if we need to use your Personal Information for purposes not covered by this Privacy Policy.

CONTACT US

Phone: 844-285-2209
Email: privacy@ffws.com
Postal Address: Attn: Privacy Personnel, 10300 Chalk Hill Road, Healdsburg, CA 95448

If you are a resident of a European country and you believe we maintain your Personal Information, you may direct any questions or complaints to FFW’s Privacy Personnel, whose contact details are as follows:

Privacy Personnel

Phone: +1-844-285-2209
Email: privacy@ffws.com
Postal Address: Attn: Privacy Personnel, 10300 Chalk Hill Road, Healdsburg, CA 95448