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Privacy Notice


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CALIFORNIA NOTICE AT COLLECTION

At Freixenet Mionetto USA, your privacy matters to us. This overview provides a brief explanation of how we collect, use, share, and protect your personal information when you use any of our products and services.

  • What We Collect: We collect details like your name, contact info, info on your interaction with our Websites, and preferences to improve your experience. For the full details on personal information we collect, click here.
  • How We Use It: We use your information to deliver products and services to you, to market to you, and to provide better services, updates, as well as for other related purposes. To view the full details on how we use your personal information, click here.
  • Retention of Information: We will retain your personal information for as long as necessary or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. For more details on our information retention policies, click here.
  • Who We Disclose Information To: We may disclose your information to trusted partners and service providers to deliver products and services to you and otherwise improve your experience; we may also disclose your information when required by law. For more information, click here.
  • Your Right to Opt Out from Sale/Sharing Your Data: Some of our information practices may be defined as “sale” or “sharing” under the applicable laws. Specifically, we use cookies and other technologies for targeted advertising and analytics to deliver personalized, interest-based advertising to you. You can opt out at any time. To begin opt out, click here.
  • Your Choices: You have control over your information. Depending on where you live, the laws afford you certain privacy rights, including the ability to access, delete, or opt out of certain personal information uses. To exercise your rights, please email us at info@fxmusa.com

For more details, please review our full Privacy Notice, below, or email us at info@fxmusa.com with any questions.

PRIVACY NOTICE

Contents

  1. SCOPE & OVERVIEW
  2. WHO COLLECTS YOUR PERSONAL INFORMATION
  3. INFORMATION THAT WE COLLECT
  4. CATEGORIES OF SOURCES FROM WHICH WE COLLECT PERSONAL INFORMATION
  5. BUSINESS AND COMMERCIAL PURPOSES FOR WHICH WE COLLECT PERSONAL INFORMATION
  6. DISCLOSURE OF PERSONAL INFORMATION TO OUR SERVICE PROVIDERS
  7. CATEGORIES OF PERSONAL INFORMATION WE HAVE SOLD OR SHARED IN THE PRECEDING 12 MONTHS; CATEGORIES OF THIRD PARTIES TO WHOM SUCH INFORMATION WAS SOLD OR SHARED
  8. INFORMATION ON CONSUMERS UNDER THE AGE OF EIGHTEEN (OR HIGHER LEGAL DRINKING AGE)
  9. OUR USE OF CONSUMERS’ SENSITIVE PERSONAL INFORMATION
  10. COOKIES AND SIMILAR TECHNOLOGIES
  11. HOW LONG YOUR INFORMATION WILL BE KEPT
  12. PROTECTING YOUR PERSONAL INFORMATION
  13. THIRD-PARTY SERVICES AND LINKS
  14. US CONSUMERS PRIVACY RIGHTS
    • Right to Know
    • Right to Delete
    • Right to Correct
    • Right to Opt-Out of the Sale or Sharing of Personal Information
    • Right to Limit the Use or Disclosure of Sensitive Personal Information
    • Right to Non-Discrimination
    • Right to Stop Receiving Promotional Offers
  15. NOTICE TO RESIDENTS OF JURISDICTIONS OTHER THAN THE UNITED STATES
  16. EXERCISING YOUR RIGHTS TO YOUR PERSONAL INFORMATION
    • Accessing your personal information
    • Correcting or updating your personal information
    • Removing your personal information
    • Restricting, objecting to or opting out of processing your personal information
    • Portability Requests
    • Authorized Agents
    • Response Timing and Format
    • Appeal process
    • Grievances and Complaints
  17. GLOBAL OPT OUT PREFERENCE SIGNAL
  18. DISCLAIMER/LIMITATION OF LIABILITY FOR DATA INPUT ERRORS
  19. UPDATES TO THIS PRIVACY NOTICE
  20. CONTACTING US

1. SCOPE & OVERVIEW

Freixenet Mionetto USA (“Freixenet Mionetto USA”, “we”, “us”) is committed to safeguarding and honoring your privacy. This Privacy Notice outlines our practices of the collection and handling of personal information that we obtain from various sources (i.e., customers, potential customers, website visitors, in-person visitors, suppliers, vendors, service providers, contractors, consultants, and other third parties).

Whenever you access our products or services or interact with us in other ways, both online, via our Websites freixenetmionettousa.com; shopmionetto.com; shopfreixenet.com; freixenet.com/us; usa.mionetto.com/us; and korbel.com/ (collectively the “Websites”), or offline, Freixenet Mionetto USA may collect, use, and otherwise process information about you. “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

This Notice describes how we collect personal information and how we use, share and protect it. It also explains your rights regarding your personal information and how you can contact us. Please use the links to access detailed information. If anything is not clear, please contact us via email at info@fxmusa.com

BY INTERACTING WITH US AND/OR OUR WEBSITES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS NOTICE, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS UNLESS OTHERWISE REQUIRED BY LAW. IF YOU DO NOT AGREE WITH THIS PRIVACY NOTICE, PLEASE DO NOT INTERACT WITH AND NAVIGATE AWAY FROM THE WEBSITES. IF YOU USE OR INTERACT WITH THE WEBSITES ON BEHALF OF ANOTHER INDIVIDUAL OR ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY NOTICE ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF. YOU REPRESENT AND WARRANT THAT THE INFORMATION THAT YOU ARE INPUTTING IS ACCURATE.

2. WHO COLLECTS YOUR PERSONAL INFORMATION

The business or controller (as these terms may be defined by applicable data privacy laws) collecting the personal information about you is Freixenet Mionetto USA, with principal place of business at 81 Main Street, Suite 303, White Plains, New York 10601, USA.

3. INFORMATION THAT WE COLLECT

In order to make our products and services available to you, or to meet a legal obligation, we need to collect and use certain personal information for the business purposes disclosed within this Privacy Notice. If you do not provide the information that we request, we may not be able to provide you with the requested products or services.

If you disclose any personal information relating to other people to us or to our service providers in connection with our products and services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.

We may collect, and within the last twelve (12) months, we may have collected the following categories of personal information from consumers:

Categories of Data Collected Examples of Datapoints Collected
Identifiers This may include contact Information, such as your name (or alias), telephone number, postal address, country of residence, zip code, other identifiers, Internet Protocol address, email address, or other similar identifiers. This may also include any information you provide to us about other people, such as personal information for gift recipients if you place an order to be delivered to someone else.
Personal information described in the California Consumer Records Act, Section 1798.80, subdivision (e) We collect your name, address, telephone number and current employment information as to your current employment (for example, if you are making a purchase on behalf of a business). In the event that you choose to purchase from us, our service provider(s) will collect your financial information to process the transaction. We will collect the last four digits of your credit card number in order to display it to you if you want to confirm which payment method you had used. If you make a purchase for a gift recipient, we will collect from you the personal information the information for such gift recipient, such as their name, e-mail address, and shipping address, will be used solely for processing and delivering the gift. We may also collect your billing information, such as debit or credit card details, bank account details, and billing address.
Protected classification characteristics under state or federal law We may also collect your age and/or your date of birth, gender, and other demographic information.
Commercial Information Preferences and interests, which may include such as preferences (including language, marketing and cookie preferences), interests, purchasing patterns and trends, and engagement with marketing or promotional communications, our Websites, and social media pages.
Internet or other similar network activity Information on a user’s interaction with a website or advertisement, such as browsing history or search history; any actions you make on the Websites; interaction with hyperlinks, widgets and other features of the Websites, and device information (such as operating system and its versions, device model, operating system settings, unique device identifiers, crash data, software and hardware attributes), cookies and similar technologies.
Geolocation data Approximate geolocation data, such as the city and state from which your device is accessing our Websites, as well as time zone, and language settings. We do not collect precise geolocation.
Professional of Employment-Related Information Organization information, such as your role, title, office location, organizational identifier, and other information relevant to your relationship with one of our vendors, suppliers, customers, partners or a third-party organization with whom we work.
Inferences drawn from other information Information for the creation of a profile or account, such as username, device identifier or other associated online identifiers; may also include information regarding user content, such as your reviews about our products and services, and other content you may create, such as posts on our social media pages, along with any related name, username, alias or other account information; may also include details of your contact with us, and order history and details.
Sensitive personal information We may collect information about our customers’ demographics, which may include racial or ethnic origin information, if provided. You can decline to provide this information at your option. We do not collect any other information that is defined as sensitive under applicable data privacy laws.

4. CATEGORIES OF SOURCES FROM WHICH WE COLLECT PERSONAL INFORMATION

We collect personal information included in the above chart from the following categories of sources:

  • Directly from you or your representatives acting on your behalf. For example, we may collect information from you when you visit one of our Websites, sign-up for our newsletter or other marketing communications, participate in a prize promotion, contest or event, make a purchase or return something to us through an online store, order form, by e-mail or over the phone, submit a review or participate in a survey, communicate with us via social media, contact us for assistance, or attend one of our in-person events.
  • Service providers and third-party partners, when they share information with us.
  • Social network information. When you use a social network login to access our services, you may share certain personal information from your social media account with us, for example, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your services account. The specific information transferred depends on your security settings and the privacy notice of your social media network.
  • Publicly available databases. For example, we may collect information about you when we interact with you on social media.

5. BUSINESS AND COMMERCIAL PURPOSES FOR WHICH WE COLLECT PERSONAL INFORMATION

Business Purposes:

Freixenet Mionetto USA collects and processes your personal information for the following business purposes, to the extent necessary to sell and deliver goods, deliver marketing and advertisements, promote our events, and to meet our contractual and other legal obligations. These purposes for collecting your personal information are further summarized the charts below:

Purpose Description
Providing access Provide you access to the services, including arranging access to an online account; send you administrative information related to your account, such as changes in our terms, conditions and policies.
Promotions and contests Conduct prize promotions, contests and other promotional offers. If you participate, we will use your information to administer such promotions and offers. If you are selected as a winner of a promotion, we might ask you for further information so that we can provide your prize and we will ask you to provide a copy of your photographic ID so that we can verify that you are of legal purchase age and, if required, to satisfy eligibility requirements. Some of these promotions have additional rules containing information about how we will use and disclose your personal information, which we will communicate to you separately.
Customer service Provide you with assistance and handle your inquiries and complaints.
Orders and returns Process your orders and related payments; process returns, exchanges or requests for a refund.
Marketing Send you information about our products, newsletters, promotions, offers or other information that we think might be of interest to you.
Relationship building and engagement Review and respond to your posts on our social media pages.
Visits, conferences and events Facilitate and participate in conferences and events, such as trade shows or bookings at our premises (including rentals), and welcome visitors to our premises.
Compliance, safety and security Conduct audits, verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements; monitor for and prevent fraud; verify age and identity; and security purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.
Improving products and services Conduct data analysis, for example, to improve the efficiency of our services; develop new products and services; consider ways for enhancing, improving, or modifying our current products and services; identify usage trends, for example, understanding which parts of our services are of most interest to users; determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and operate and expand our business activities, for example, understanding which parts of our services are of most interest to our users so we can focus our energies on meeting our users’ interests.
Personalizing our services Personalize our interactions with you and provide you with information and/or offers tailored to your interests; deliver content via our services that we believe will be relevant and interesting to you. For example, when you use one of our online stores, we will collect information from you during the checkout process. If you do not complete your purchase but ask us to save your basket, we may send you a follow-up email with a reminder of its contents. We may also use your information to provide personalized content and recommendations when we send you information about your purchases.
Reviews Publish reviews you provide on the relevant store website, subject to our review standards in our Terms of Use. This information will be made public so please do not include any information that should be kept confidential. For more information, please refer to our Terms of Use.
Vendors, suppliers and distributors Build new partner relationships; facilitate bids, proposals and contracting; onboard partners; facilitate performance of services; provide feedback and manage relationships; and facilitate contract renewals and termination.
Mergers & Acquisitions To evaluate or conduct a merger, reorganization, dissolution, or other sale or transfer of some or all of our assets, or similar corporate transaction or proceeding, in which personal information held by us is among the assets transferred.
Legal To comply with legal obligations and to enforce our rights

Commercial Purposes:

We may also process your personal information for the following commercial purposes:

Purpose Description
Website analytics Analyze traffic on our Websites and on the sites of third parties; conduct research and analysis; evaluate and optimize your use of our Websites and the content you see and/or with which you interact.
Interest-based advertising To deliver interest-based advertising to you; for cross-context and cross-device linking; to identify and share advertising that is relevant to you based on your preferences, patterns of interaction with our Websites or advertising, and location that enables us to deliver more relevant marketing and advertising to you on our Websites and on third party sites and applications.

6. DISCLOSURE OF PERSONAL INFORMATION TO OUR SERVICE PROVIDERS

In order to fulfill the business purposes identified above, in Section 5., Business and Commercial Purposes, we partner with service providers. For example, we may partner with service providers to (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; (g) provide order fulfillment and/or delivery services; and (h) provide other services designed to assist us in developing and running our Websites and maximizing our business potential. We may disclose your personal information to a service provider for a disclosed business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the service provider to both keep that personal information confidential and not use it for any purpose except performing the contract. In addition to service providers, we work with third parties for targeted advertising and analytics for commercial purposes, as discussed, below, in Section 7.

Information Processed by Our Service Providers:

Below you can find a list of the categories of our service providers by whom personal data may be processed or transferred to and for what purposes.

Categories of Recipient/Services Business Purpose Categories of Information Processed
Customer Service, Database Management and Communication
  • To provide customer service and communicate with you concerning your orders or questions.
  • To reach out to you with our newsletter, surveys and notifications.
  • To obtain customer feedback.
  • To deliver information to you of commercial and promotional nature
  • Identifiers, such as name and email address
  • Personal information described in the California Consumer Records Act, Section 1798.80, subdivision (e)
  • Protected classification characteristics under state or federal law
  • Commercial Information
  • Professional or Employment-Related Information
  • Internet or other similar network activity
Order fulfillment and delivery
  • To process and fulfill your orders and to deliver products to you
  • Identifiers, such as name and email address
  • Commercial Information
Payment processors; fraud prevention
  • To collect and process payments for goods or services purchased
  • Identifiers
  • Personal information described in the California Consumer Records Act, Section 1798.80, subdivision (e)
  • Protected classification characteristics under state or federal law
  • Commercial Information
  • Professional of Employment-Related Information
  • Internet or other similar network activity
Infrastructure and storage
  • Secured storage of personal data when you use our services or purchase products from us.
  • Backup of all data
  • Data management
  • Technical support
  • Authentication and authorization services
  • Identifiers
  • Personal information described in the California Consumer Records Act, Section 1798.80, subdivision (e)
  • Protected classification characteristics under state or federal law
  • Commercial Information
  • Internet or other similar network activity
  • Geolocation data
  • Professional of Employment-Related Information
  • Inferences drawn from other personal information.
Features providers
  • To make available additional features of our services
  • Identifiers
  • Personal information described in the California Consumer Records Act, Section 1798.80, subdivision (e)
  • Protected classification characteristics under state or federal law
  • Commercial Information
  • Professional of Employment-Related Information
  • Internet or other similar network activity

7. CATEGORIES OF PERSONAL INFORMATION WE HAVE SOLD OR SHARED IN THE PRECEDING 12 MONTHS; CATEGORIES OF THIRD PARTIES TO WHOM SUCH INFORMATION WAS SOLD OR SHARED

While under most circumstances Freixenet Mionetto USA’s information practices do not involve the sale or sharing of consumer personal information, some consumer privacy laws broadly define these and similar terms. Like many companies, we use website analytics services and services that help deliver interest-based ads to you and may transfer personal information to business partners for their use. Making information such as online identifiers or browsing activity available to these companies may be considered a “sale” or “sharing” under some laws. For example, according to California consumer privacy law, a “sale” includes disclosing, making available or communicating personal information to a third party (except our service providers or contractors) in exchange for monetary or other valuable consideration. “Sharing” includes disclosing, making available or communicating personal information to a third party for cross-context behavioral advertising, whether or not for any monetary or valuable consideration.

Certain of our services to you may be deemed a “sale” or “sharing” under applicable law. For example, Freixenet Mionetto USA may share the information it collects with third parties, such as analytics companies (e.g. Google Analytics), promotions vendors, and online advertising services. We utilize third party services for the commercial purposes discussed in this Notice (see Section 5).

In the preceding twelve (12) months, we have sold or shared to third parties the following categories of personal information:

Categories Of Third Parties to Whom The Information Was Sold Or Shared Purposes of Sale or Sharing Categories of Personal Information Sold or Shared
Analytics and advertising companies (like ad servers, advertising agencies, technology vendors, providers of sponsored content, and others)
  • Analytics and support, specifically, to track the performance of our Websites, to understand our target audiences better and tailor our content strategies accordingly.
  • To generate personalized advertisements or content. Our advertising partners build a profile of your interests using your interactions on our Platform together with personal information you have provided to them elsewhere.
  • Identifiers
  • Personal information described in the California Consumer Records Act, Section 1798.80, subdivision (e)
  • Protected classification characteristics under state or federal law
  • Commercial Information
  • Internet or other similar network activity
  • Geolocation data
  • Professional or Employment-Related Information
  • Inferences drawn from other personal information.

Freixenet Mionetto USA does not knowingly sell or share the personal information of known minors under 16 years of age and has no actual knowledge of such sale or sharing occurring.

Consumers have the right to opt out of the sale and sharing of personal information. To exercise this right, please follow following the instructions on our Do Not Sell or Share My Personal Information.

8. INFORMATION ON CONSUMERS UNDER THE AGE OF EIGHTEEN (OR HIGHER LEGAL DRINKING AGE)

Consistent with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), we do not, and will never knowingly, request personal information from anyone under the age of thirteen (13) online. As a policy, no person under the age of eighteen (18) (or a younger than a drinking age higher than 18 years old in certain jurisdictions) is permitted to interact with Freixenet Mionetto USA’s Websites.

We do not knowingly collect any personal information from visitors or users of our Websites who are under the age of eighteen (18). If you are under eighteen (18) years of age, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Policy by instructing their children to never provide personal information through the Internet without their permission. If you have reason to believe that a child under the age of eighteen (18) has provided personal information to us, please contact us using the Contact Information, below, and we will endeavor to delete that information from our databases.

Freixenet Mionetto USA does not intentionally sell or share the personal information of minors under eighteen (18) years of age and does not have any actual knowledge of any such sale or sharing.

For parents and guardians, we urge you to repeatedly discuss with your children the risks of giving personal information to anyone (online or in person) whom they do not personally know. For additional tips on how to help children stay safe on the internet, please see the Federal Trade Commission’s Consumer Advice website available at: https://consumer.ftc.gov/identity-theft-and-online-security/protecting-kids-online.

9. OUR USE OF CONSUMERS’ SENSITIVE PERSONAL INFORMATION

Freixenet Mionetto USA does not process sensitive personal information of our customers, potential customers, visitors to our Websites, or consumers who interact with us in person at events, except as described below. In certain circumstances, we may process information regarding your racial or ethnic origin if you voluntarily provide it to us, such as in connection with specific marketing initiatives, surveys, or events where such information is relevant and you choose to disclose it. Any such information is handled in accordance with applicable laws and our privacy practices.

If you submit your financial information for the purpose of making a purchase from us, payments are processed by our service providers. Freixenet Mionetto USA only receives information on the last four digits of the payment account that you used. We receive this information solely to show you which payment account you used to make a purchase from us.

10. COOKIES AND SIMILAR TECHNOLOGIES

Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. We use cookies and similar technologies for storing and honoring your preferences and settings when accessing and interacting with our Websites, combating fraud, analyzing how our Websites and applications perform, customizing advertisements, and fulfilling other legitimate purposes.

In addition to cookies, we may use other internet technologies such as web beacons (also known as pixel tags or clear GIFs), which help deliver cookies and gather usage and performance data. These technologies can be used to understand how you interact with our Websites, measure the effectiveness of our communications, and support the delivery of relevant content. Our Websites may include cookies, web beacons, or similar technologies from third-party service providers, which may collect information on our behalf or for their own purposes as described in their privacy policies.

You have a variety of tools to control the data collected by cookies, web beacons, and similar technologies. For example, you can use controls in your internet browser to limit how the Websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies.

We may allow certain third parties, such as data analytics or online advertising service providers, to collect your browsing activity on our Websites and applications in a manner that may be deemed to involve a sale of personal information under applicable law.

Through our use of these third-party tools, we may have sold to such third parties the following categories of personal information of our Websites and application users within the last twelve (12) months:

  • Internet or other electronic network activity information
  • See Section 7 for further information.

Depending on your state of residence, you may have the right to opt out of the sale and sharing of personal information. To exercise this right, please follow the instructions on our Do Not Sell or Share My Personal Information link.

11. HOW LONG YOUR INFORMATION WILL BE KEPT

We will keep your personal information while you have an account with us or while we are providing goods or services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf.
  • To comply with legal obligations and to enforce our rights.
  • To show that we treated you fairly.
  • To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this Notice. Different retention periods apply for different types of personal information.

12. PROTECTING YOUR PERSONAL INFORMATION

We take the security of your information very seriously. This section outlines our technology practices to keep your information protected.

How We Protect Your Information

We use various security measures and tools, such as firewalls, to help protect against the loss, misuse and alteration of the personal information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.

How We Retain Your Personal Information

We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the services to you (for example, for as long as you have an account with us or keep using the services);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

International Transfers of Your Personal Information

Your personal information may be stored and processed in the United States, where we have facilities or in which we engage service providers. The United States may have data protection rules that are different from those of your country. We take measures to ensure that your information is protected, which includes putting in place contracts with the recipients of your information to ensure that they provide adequate protection for your information.

Access To Services by Individuals Who Are Underage

Our services are not directed to individuals who are under the legal age to purchase alcohol, and we do not knowingly collect personal information from such individuals.

13. THIRD-PARTY SERVICES AND LINKS

Third-Party Services

This Privacy Notice does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which our services link. The inclusion of a link on the services does not imply Freixenet Mionetto USA’s endorsement of the linked site or service. In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Meta, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with our apps or our social media pages.

Third-Party Advertising

We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use Freixenet Mionetto USA services and other websites or online services.

You may receive advertisements based on information relating to your access to and use of the services and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.

If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Notice, please visit Do Not Sell of Share My Personal Information link.

14. US CONSUMERS PRIVACY RIGHTS

Depending on your state of residence, you have certain rights with respect to your personal information that we collect and use. These may include:

a. Right to Know

The right to know what personal information the business has collected about the consumer, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the third parties to whom the business discloses personal information, and the specific pieces of personal information the business has collected about the consumer, as well as any other information that may need to be disclosed under the applicable data privacy law.

You may also have the right to request that we transfer information about you to a third party. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • Any other information that may need to be disclosed under the applicable data privacy law.
  • If requested by you, we will provide you with a copy of the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party.
  • You also have the right to request us to correct inaccurate information and to limit the use and disclosure of sensitive personal information.

b. Right to Delete

The right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you employer requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 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 or your employer’s relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you or your employer provided it.

c. Right to Correct

The right to request that we update any information about you that is inaccurate or incomplete. Once we receive and confirm your verifiable consumer request, we will update (and direct our service providers to update) your personal information in our records. You also have the right to require us to restrict processing of your personal information in certain circumstances, e.g., if you contest the accuracy of the personal information.

d. Right to Opt-Out of the Sale or Sharing of Personal Information

The right to opt-out of the sale or sharing of their personal information by us. Once we receive and confirm your verifiable consumer request, we will no longer sell or share your personal information.

e. Right to Limit the Use or Disclosure of Sensitive Personal Information

Under California law, you have the right, at any time, to direct a business that collects your sensitive personal information to limit its use of that information to only what is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, as well as for certain other purposes permitted by law.

Freixenet Mionetto USA does not use your sensitive personal information to make inferences about you and only uses it for purposes allowed under CPRA Section 1798.121(a). Freixenet Mionetto USA only processes sensitive personal information—specifically, information about racial and ethnic origin—as part of its consumer surveys, and solely for internal, first-party analytics. This is done to better understand the general demographics of its customers and to improve the services provided. Providing this information is entirely optional, and it is not used to create a profile about you or to affect your experience with Freixenet Mionetto USA beyond the current interaction. Freixenet Mionetto USA does not sell or share sensitive personal information with third parties and does not process any sensitive personal information relating to minors (individuals under the age of 18).

The right to request that we limit our use of your sensitive personal information to that which is necessary to perform the services or provide the goods that you reasonably expect of us, with some narrowly tailored exceptions.

f. Right to Non-Discrimination

We will not discriminate or retaliate against you for exercising any of your privacy rights. In that regard, we will not take the following actions in response to your exercising of your privacy rights, unless permitted by the applicable laws:

  • Deny you products or services.
  • Charge you different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of services.
  • Suggest that you may receive a different price or rate for services or a different level or quality of services.

g. Right to Stop Receiving Promotional Offers

If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information, logging into your account to update your preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, notifications if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Websites, our business, our service providers and/or third parties.

15. NOTICE TO RESIDENTS OF JURISDICTIONS OTHER THAN THE UNITED STATES

The server on which our Websites are hosted and/or through which the services are processed may be outside the country from which you access them and may be outside your country of residence. Our computer systems are based in the United States and our products and services are directed to the United States’ residents. If you reside in other jurisdictions and if you visit our Websites or subscribe to our services, we may collect and process your personal data in the United States, where data protection and privacy regulations may or may not be equal to the level of protection as in other parts of the world. BY VISITING OUR WEBSITES OR SUBSCRIBING TO OUR SERVICES, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF YOUR PERSONAL INFORMATION COLLECTED OR OBTAINED BY US THROUGH YOUR VOLUNTARY SUBMISSIONS, AND THAT UNITED STATES LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

If you are a resident of a jurisdiction other than United States, please be aware that the laws of your jurisdiction may confer upon you similar or additional rights with respect to your personal information compared to the rights outlined in this Privacy Notice. To learn more about your specific rights and how to exercise them, we encourage you to contact us at info@fxmusa.com. Your privacy is important to us, and we are dedicated to assisting you in understanding and exercising your privacy rights.

16. EXERCISING YOUR RIGHTS TO YOUR PERSONAL INFORMATION

You may request to access, correct, update, restrict or remove (or anonymize) your personal information, or object to or opt out of the processing of personal information, to the extent these rights are provided by applicable law. You also may request to receive an electronic copy of your personal information to transmit it to another company (to the extent this right to data portability is provided by applicable law). In order to respond to your request (with the exception of the requests to opt out of sale or sharing of personal information), we may require you to prove your identity and/or provide further information in order to identify your information. We will respond to your requests consistent with applicable law.

In addition, if you would like to opt-out from marketing messages, you may opt-out by clicking here. We will seek to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing communications from us, we may still send you important administrative messages, from which you cannot opt-out.

a. Accessing your personal information

You may ask to see what information we hold about you and to receive an explanation about how we process your data by contacting us at info@fxmusa.com.

b. Correcting or updating your personal information

If we hold personal information about you that is incorrect or out of date, you have the right to tell us that it is incorrect or out of date and ask us to amend it. We will do this consistent with applicable law. If you would like to correct your personal information, please send an email to info@fxmusa.com.

c. Removing your personal information

You may ask us to remove, anonymize or delete your personal information from our database. If you do not want to receive promotional emails, please click here. If you wish to have your personal information removed from our database, please send an email info@fxmusa.com.

d. Restricting, objecting to or opting out of processing your personal information

You may ask us to restrict, cease or otherwise limit our processing of your personal information under certain circumstances. Please send an email to info@fxmusa.com.

e. Portability Requests

You may ask us to port your personal information from our database, please send an email to info@fxmusa.com.

To exercise the rights described above, please submit your request to us by either:

Email: info@fxmusa.com

Postal Address: Freixenet Mionetto USA
81 Main Street, Suite 303
White Plains, New York 10601, USA

Before responding to your privacy rights request, we must verify your identity (except for requests to opt out of sale or sharing of personal information). We will do so by matching at least two reliable data points from your request to the information that we maintain about you. For certain personal information, we may require further verification, including obtaining the consumer’s signed declaration under penalty of perjury to further confirm that the requestor is the consumer. Once you contact us to exercise your rights, we will further guide you as to our verification process.

You may be limited in the number of verifiable consumer requests for access or data portability in any given 12-month period (for example, twice per 12-month period for California residents). 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 a legally authorized representative.
  • 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.

i. Authorized Agents

Only you or a person that you or your employer authorize 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. You may use an authorized agent to submit a privacy rights request on your behalf if you provide the authorized agent a written permission signed by you. We may also require you to do either of the following:

(1) Verify your own identity directly with us.

(2) Directly confirm with us that you provided the authorized agent permission to submit the request.

We may deny a request from an authorized agent if the agent cannot does not provide to us your signed permission demonstrating that they have been authorized by the consumer to act on your behalf or if you do not confirm to us that you provided the authorized agent permission to submit the request.

The requirement to obtain and provide written permission from the consumer does not apply to requests made by an opt-out preference signal.

ii. Response Timing and Format

We will acknowledge your request no later than ten (10) business days after receiving your request to delete, request to correct, or request to know and provide information about how we will process the request. The information provided shall describe in general our verification process and when you should expect a response, except in instances where we have already granted or denied the request.

We shall respond to a verifiable consumer request within the time period permitted by the applicable law, which is usually forty-five (45) days in the United States and thirty (30) days in certain other countries. If we require more time (up to ninety (90) 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. For California residents, any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. 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 verifiable 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. For example, in cases where requests from a consumer are distinctly unsubstantiated or excessive, in particular because of their repetitive character, we may either charge a reasonable fee, in our discretion, taking into account the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request altogether.

Under certain circumstances, we may deny your request for the reasons permitted by the applicable law, which we will specifically identify for you. You have the right to appeal our denial of a rights request. If Freixenet Mionetto USA denies or does not take action on your request of a consumer, we shall inform you without undue delay and at the latest, within forty-five (45) days after receipt of your request, of the reasons for not taking action and instructions for how to appeal our decision.

Please see more information on the Appeal Process below.

iii. Appeal process

Freixenet Mionetto USA has an internal process whereby you may appeal a refusal to take action on a request to exercise any of the rights above within the controller thirty (30) days after your receipt of the notice sent us informing you that we have rejected your request. If you would like to appeal a denial of a rights request, please contact us via email at info@fxmusa.com.

Within forty-five (45) days after receipt of an appeal, we will inform you of any action taken or not taken in response to the appeal, along with a written explanation of the reasons in support of the response. We may extend the forty-five-day period by sixty (60) additional days where reasonably necessary, taking into account the complexity and number of requests serving as the basis for the appeal. We will inform you of an extension within forty-five (45) days after receipt of the appeal, together with the reasons for the delay.

iv. Grievances and Complaints

California residents: Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with:

(by mail) Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834

(or by telephone): Main: (800) 952-5210
Hearing-impaired persons: 711, or 1-800-735-2929 (TTY)
California Relay Service: 1-800-735-2922 (Voice)

Connecticut Residents: Under Connecticut’s General Statutes, Conn. Gen. Stat. § 42-518, you have the right to contact the Attorney General and submit a complaint if you are not satisfied with the results of the Appeal Process described above, using the following link: https://portal.ct.gov/ag/common/complaint-form-landing-page.

Nebraska Residents: Under the Nebraska Data Privacy Act (NDPA), you have the right to appeal to the Attorney General and submit a complaint if you are not satisfied with the results of the Appeal Process described above, using the following link: https://ne.accessgov.com/ago/Forms/Page
/ago/2efd1471-06a7-4cd1-9bd2-cc8fe4e37c02
/eaa18f8a-30e7-48c7-b97b-eaabb1ab6ce8/1.

Texas Residents: Under the Texas Data Privacy and Security Act (TDPSA), you have the right to appeal to the Attorney General and submit a complaint if you are not satisfied with the results of the Appeal Process described above, using the following link:
https://consumerprotection.texasattorneygeneral.gov
/consumercomplaintportal/s/flow/TCP_Complaint_Input_Data_Privacy.

17. GLOBAL OPT OUT PREFERENCE SIGNAL

Global Opt-Out Preference Signal or Global Privacy Control (GPC) is a feature available in some web browsers that allows users to communicate their preference for not being tracked across websites. Currently, only certain internet browsers (DuckDuckGo, Brave, Mozilla Firefox) or a separately installed plug-in enable universal opt-out signals. While the Global Privacy Control and universal opt-out signals are still developing, we are monitoring the status of implementation and are consistently configuring our Websites to honor consumer’s opt-out signals.

Processing this signal typically involves several steps, including:

Receipt and verification of the signal: When we first receive the opt-out preference signal from the consumer, we will verify that it is authentic and valid. This may involve confirming the identity of the consumer, ensuring that the signal was sent from a valid email or other contact address, or using other methods to ensure that the signal is legitimate.

Updating data systems: Once the opt-out preference signal has been verified, we will update our data systems to reflect the consumer’s preferences. This may involve adding your name and contact information to a “do not contact” list or other database or marking your existing record in a customer relationship management (CRM) system as opted-out.

Communicating changes to relevant parties: If your opt-out preference signal affects other parties who have access to your personal information, such as third-party service providers or partners, we will communicate the changes to those parties and ensure that they also update their data systems accordingly.

Compliance monitoring: We will monitor our data systems and processes to ensure ongoing compliance with your opt-out preference signal. This may involve periodically reviewing our data systems to ensure that your preferences are being respected and taking corrective action if necessary.

If you want to turn on Global Privacy Control on your browser, you can follow these steps:

  1. Open your web browser and go to the settings or preferences menu. The location of this menu may vary depending on the browser you are using.
  2. Look for the “Privacy” or “Security” section in the settings or preferences menu.
  3. Scroll down to find the option for “Global Privacy Control” or “Do Not Track.”
  4. Toggle the switch to turn on Global Privacy Control. In some browsers, you may need to check a box or select a radio button to enable this feature.
  5. Once Global Privacy Control is turned on, your browser will send a signal to websites that you do not want to be tracked. However, it’s important to note that not all websites may honor this signal, and some may continue to track your activity.
  6. To verify that Global Privacy Control is working, you can visit the website https://globalprivacycontrol.org/, and check if it displays a message indicating that your browser is sending the “Do Not Track” signal.

By turning on Global Privacy Control on your browser, you can have greater control over your online privacy and limit the amount of information that websites and advertisers can collect about you.

18. DISCLAIMER/LIMITATION OF LIABILITY FOR DATA INPUT ERRORS

Freixenet Mionetto USA is not responsible for any errors that are made by you in inputting data, nor for data entered by someone using your credentials. Please secure your credentials and do not disclose them to anyone else. If your credentials are compromised, please notify us at info@fxmusa.com.

Under no circumstances shall Freixenet Mionetto USA be liable to you, including but not limited to any liability for the system not being available for use, for lost or corrupted data, for errors in the documentation provided to you, if any, or for the failure of data archiving. Except as expressly agreed, Freixenet Mionetto USA will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party.

19. UPDATES TO THIS PRIVACY NOTICE

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will notify you of a material revision using the manner we regularly interact with you, such as by email or through a notice on our Websites’ homepages. You will also be able to determine the date that our current Notice has become effective, by viewing the Effective Date at the top of this document.

20. CONTACTING US

Our privacy program is managed by Freixenet Mionetto USA’s legal team. If you have any questions or comments about this Notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under this Notice, please do not hesitate to contact us at info@fxmusa.com, or

Freixenet Mionetto USA
81 Main Street, Suite 303
White Plains, New York 10601, USA

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.