INFORMATION NOTE ON THE PROCESSING OF PERSONAL DATA & COOKIES
Version dated 31 July 2023
We are committed to taking care of your privacy. We respect your concerns about the protection of your privacy and your personal data. This Information Note on the processing of personal data and cookies (the "Note") sets out how we will treat your personal data on the Ardbeg website (hereinafter “the Site).
For the purpose of this Note the words “we”/“us”/“our” are in reference to the data controllers defined below.
AMENDMENTS
We may update this Note from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are informed of such changes. You will be informed of any substantial changes, either by means of a banner on the Site summarising the main changes made, or by e-mail.
If you have any questions, you can contact our data protection officer at the following address:
- by post, to the address: "“Moët Hennessy UK Ltd, ARDBEG UK, 18 Grosvenor Gardens, London, SW1W 0DH; or
- by e-mail: privacy-uk@moethennessy.com
WHAT ARE THE ROLES AND RESPONSIBILITIES OF OUR COMPANIES WITH REGARD TO THE PROCESSING OF YOUR PERSONAL DATA?
The processing of personal data made on « www.ardbeg.com » (the “Site”) are operated, as joint data controllers within the meaning of the applicable personal data regulations (which includes the General Data Protection Regulation "GDPR" of 27 April 2016), by:
- MacDonald & Muir Limited ("MacDonald & Muir"), registered in Scotland with company number SC19038 and whose registered office is at The Cube, 45 Leith Street, Edinburgh, EH1 3AT and its registered VAT number is GB269119536;
- Moët Hennessy UK Ltd, registered in England with company number 371236 and whose registered office is at 18 Grosvenor Gardens, London SW1W 0DH; and
- Moët Hennessy SAS registered in France with company number 338 228 414 RCS Paris and whose registered office is at 24-32 rue Jean Goujon, 75 008 Paris.
In addition, unless otherwise stated, you may be in contact in your country of residence or in relation to one of the brands of the portfolio of Moët Hennessy with one or more Moët Hennessy affiliates which, together with MacDonald & Muir Limitedand Moët Hennessy SAS, have the status of joint data controller, as expressly mentioned in the Site's legal Note or in any other document sent to you.
Moreover, and in the cases mentioned below, some of our partners, such as social networks, may be independent data controllers: we invite you to consult their Personal Data Charter, for example:
- META (by clicking on this link)
- Google (by clicking on this link)
- Instagram (by clicking on this link)
WHAT DATA DO WE COLLECT?
We collect three types of personal data, and for the purposes described below in the "For what purposes do we use your data and on what legal basis" section of this Note.
Data you provide directly to us | Identification data which are your first name, last name, title, country of residence, date of birth, billing and delivery postal address, delivery information, e-mail address and telephone number; |
The data we collect automatically | Connection data, and in particular information concerning your terminal - computer, tablet or smartphone - with which you connect, as well as your use of the Site (such as the operating system of your terminal, the type of browser you use, whether or not you use a proxy, the location of the terminal deduced from your IP address, the access times, the pages visited, and the link that enabled you to access our Site). See the Cookies Note below. |
The data we collect from third parties | Identification data provided by one of your contacts: |
PROTECTION OF UNDERAGED PEOPLE
Access to the Site is governed by the Site's Terms & Conditions and subject to users’ age. Users must be legally entitled to drink and/or purchase in their place of residence to access the Site. As such, we do not intentionally collect any personal data from persons under the legal drinking and/or purchasing age according to the legislation in force in their place of residence, unless it is legally required or authorized.
You must be of legal drinking and/or purchasing age according to applicable legislation in your place of residence to make purchase on the Site and by doing so, you warrant that you are of the required age and are fully capable of entering into and being legally bound by such transactions.
However, if you believe that we may process personal data of persons under the legal drinking and/or purchasing age, please let us know.
FOR WHAT PURPOSES DO WE USE YOUR DATA? ON WHAT LEGAL BASIS? AND HOW LONG DO WE KEEP YOUR DATA?
We collect and process your personal data for the purposes and based on the legal basis listed below.
Your personal data is kept only for as long as is necessary for the purpose for which it was collected (see table below) unless you request its deletion or revoke your consent, when the processing is based on such consent:
Purpose of the processing | Reasons for the processing of your data by our services (legal basis) | Retention time |
Restricting access to the Site and/or to newsletters to people of legal drinking age. |
Legal obligation for us |
Retention during the connection to Site |
Creation and management of your account online |
Execution of a contract (Terms and Conditions) with you |
As long as you use your account or order products or services through your online account or |
Management of e-commerce transactions (including reservations and purchases of tickets for cellar visits, tastings, …) |
(i) Performance of a contract (Terms and Conditions) between you and us. |
For the completion of your orders: Until the end of the transaction |
Customer and prospect relations management via social networks |
(i) and (ii) Legitimate interest (customer and prospect relationship management and branding) |
(i) see the privacy information note posted on the social network |
Alert(s) sending in case of: |
Consent |
Retention until the day the information on the availability of the product or service is sent or until the reference is removed from the Site. |
Sending of communication about products, services, offers, promotions, benefits and events and sharing information that may be of interest to you. |
Consent |
3 years from your last interaction with a communication from us. |
Personalization of the Site and of advertising according to your affinities. |
Consent (to manage your choices see Cookies) |
See the Cookies Note. |
Competition/contest organisation |
(i) Performance of a contract for the administration of the competition. |
(i) For the duration of the competition and, where applicable, for the duration necessary to provide the prizes. |
Site security management |
Legitimate interest in the proper functioning of the Site, its optimization and security. |
Retention of data for the duration of security and integrity operations, which may vary depending on the operations carried out (3 to 6 months) |
Fight against counterfeiting, and against sales of products/tickets made in violation of our general conditions |
Legitimate interest in fighting counterfeiting and protecting our distribution network |
10 years after your purchase on our Site, or |
Consumer surveys |
Legitimate interest in improving our products and services |
Duration of the satisfaction survey and for 3 years after the survey. |
Response to your requests via our forms on the Site |
Depending on the content of the request, legitimate interest or precontractual measures in responding to requests made to us. |
Duration of the processing of your request, then archiving for 3 years from the resolution of the request |
Management of disputes and litigation |
Legitimate interest in defending our interests in court and preparing our defence in litigation. |
Duration of the complaint and then conservation within the limit of the applicable rules on prescription from the date of its resolution. |
Compliance with applicable laws, court orders, other legal proceedings or the requirements of any authority. |
Legal obligation on us |
For the period provided for by the applicable law or the relevant judicial or administrative decision. |
When we ask you to provide personal data, we clearly indicate whether the information is mandatory or optional and the consequences of your refusal (for example, that we will not be able to process your request).
For any processing based on our legitimate interest, we will ensure that we take into account any potential impact that the use of your data may have on you. If we believe that your interest or fundamental rights and freedoms outweigh our legitimate interest, then we will not use your personal data on this basis and will seek your specific consent.
WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
We share data where necessary.
With our affiliates in the MOET HENNESSY group and with LVMH i) to improve your experience by proposing relevant content, personalized offers and services as well as customized marketing communications and ii) to learn about your preferences and interests and patterns of use of our products and services in order to improve their visibility, accessibility and performance.
LVMH acts as our data processor, or service provider, and will not use your data for any purpose other than the one described above. For example, LVMH will not use your data for its own purposes, will not contact you for marketing purposes based on the data we provide, and will not share information about you with Maisons of the LVMH Group to which you are not a customer and/or to whom you have not given consent.
If you consent we will share the purchases you have made with us during the last 3 years with LVMH, our parent company, in a pseudonymous way (which means that your name and your contact details will not be sent to LVMH). Your purchases will be analyzed and matched with purchases you made with other Maisons of the LVMH Group where you have given a similar consent. Each Maison that has your consent will receive back from LVMH generic information concerning your purchasing habits and preferences.With services providers to ensure the management of the Site In the context of the use of the Site, some of your information is transmitted to our service providers and subcontractors involved in the management of the Site and organization of visits to the extent necessary for their intervention.
For example:
- Your connection data and your information when you register on the Site are hosted by our hosting service provider;
- Your payment details are passed on to our payment service provider and account-holding banks in order to complete the transactions associated with your purchases. Information is also transmitted to your bank for the purpose of securing payments made with a bank card on our Site in accordance with the PSD2 (European Payment Services Directive);With partners so that they can send you personalised offers, only subject to your consent.
Some data is shared, subject to your consent with our business partners, who may send you information about their products and services.With our advisors, our service providers in charge of in debt collection, to enable us to ensure in particular the collection of our debts, the management of disputes, the prevention of non-payment and litigation
We may also share data about you with our external counsel in the event of a dispute (law firm), with third parties, such as debt collection companies.With social networks
When you use the social buttons, data relating to your identification is automatically communicated to these social networks. You also have the possibility of sharing certain information or content present on our Site on social networks. This use is governed by the terms of use of the said social network, which we invite you to consult directly on their site.With potential buyers of our assets
Data may also be shared with the ultimate or potential purchaser or recipient of all or part of our business or assets, including in the event of a sale or reorganisation (in whatever form)With judicial and administrative authorities
Data may also be shared with any authorities, courts, administrative bodies or other authorised third parties, where the disclosure of personal data is required by law, regulation or court order or where such disclosure is necessary to ensure the protection and defence of our rights.
HOW DO WE DEAL WITH DATA TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA?
Given the presence of Moët Hennessy in many countries around the world, some of your data may be collected, accessed or stored outside your country of residence.
We may transfer personal data to countries outside the European Economic Area ("EEA"), including to countries which have different data protection standards to those which apply in the EEA.
In application of art. 46.2(c) of the GDPR, we have put in place European Commission approved standard contractual clauses to protect this data. You have a right to ask us for a copy of these clauses (by contacting us as set out below).
When we transfer your personal data to the U.S., we take appropriate measures to ensure that personal data is adequately protected in the country of destination by verifying that the third parties offer appropriate safeguards, and negotiating for example, standard data protection contractual clauses under Article 46(2)(c) and (d) GDPR or binding corporate rules under Article 47 GDPR.
WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?
Access and copying
You have a right of access and communication to your personal data as well as to receive information on the purposes and methods of processing, the recipients or categories of recipients to whom the data may be disclosed or who may become aware of them, the storage period or, if this is not possible, the criteria for determining it
If you have an account on our Site, you can directly access the data contained in your account online. This access also allows you to correct, modify or delete certain identification and contact information.
You may, to the extent permitted by law, exercise your right to portability allowing you to retrieve in an interoperable format the personal data you have provided to us.
You can contact us at any time on contactdpo@moethennesy.com
Obtaining the correction of inaccurate personal data
You also have the right to request the correction of any personal data that is incorrect as well as the restriction of its processing for the time necessary to correct it. You also have the right, depending on the nature of the processing, to request that the personal data in our possession be completed.
You can contact us at any time on contactdpo@moethennesy.com
Withdrawing your consent to the processing of your personal data
Where the processing of your personal data is based on your consent (such as newsletter registration, use of cookies and similar technologies on this Site), you have the right to withdraw your consent at any time.
This right can be exercised by changing your options for commercial prospecting and subscriptions to our newsletters, as well as by withdrawing your consent to the placement of cookies by following this link.
You can contact us at anytime on contactdpo@moethennesy.com
Obtaining the deletion of your personal data
You can also request the deletion of your personal data in the following cases:
- You consider that the processing of your data is no longer necessary with regard to the services subscribed to or your use of the Site, or the achievement of the purposes referred to in this Note or that their retention is contrary to the law;
- You have withdrawn your consent to the processing of your data;
- You object to the processing of your personal data on grounds relating to your personal situation;
- You object to the use of your data for commercial prospecting purposes;
- Your data was collected online when you were a minor.
Alternatively, within the limits of the law, you may request that the processing of your personal data be restricted.
Please note that notwithstanding the exercise of your right to erasure or restriction, we may retain some of your personal data where we are required or permitted to do so by law, where we have a legitimate reason to do so (for example, to enable us to demonstrate the performance of a contract), for the exercise or defence of legal claims, or where the exercise of that right would infringe on your right to freedom of expression and information.
Your rights regarding automated decisions based exclusively on automated processing
You have the right at any time to obtain human intervention, to make comments and to contest the decision by contacting us on contactdpo@moethennesy.com
Setting general or specific instructions for the retention, deletion and communication of your personal data after your death
You have the right to define general or specific directives relating to the retention, the deletion and the communication of your personal data after your death; these directives are general or specific.
HOW TO CONTACT US?
You have the right to clear, transparent and understandable information about how we use your personal data and about your rights.
If you have any questions, you can contact our data protection officer at the following address:
- By post, to the address: Moët Hennessy UK Ltd, ARDBEG UK, 18 Grosvenor Gardens, London, SW1W 0DH; or
- By e-mail on contactdpo@moethennesy.com
Please note that in order to respond to your request, we may ask you to provide proof of identity. We may also ask you to provide additional information or proof of identity.
You also have the right to complain to:
- Commission Nationale de l’Informatique et des Libertés (CNIL), 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 about the way we collect and process your Data, or
- Another data protection authority. The list of authorities is available by clicking here
UNITED STATES RESIDENTS
If you reside in the United States and have questions about your data, please refer to our US Privacy Policy.
COOKIES NOTE
Cookies - what are they?
A "cookie" is a piece of information, like a tag, that is stored on your computer, tablet or phone when you visit a website. It can help identify your device (like your PC or mobile phone) whenever you visit that website.
Cookies are used by most major websites including ours. To make the best use of our Site, on whichever device you use, you'll need to make sure your web browser is set to accept cookies.
What are cookies used for?
We use cookies and some other data stored on your device to:
- Give you a better online experience by displaying a customised editorial content based on what you have previously viewed.
- Allow you to set personal preferences (remember your login detail, choose a country and a language, add items to your bag).
- Protect your security.
- Measure and improve our service.
- Work with partners and measure the audience.
So what information is kept by the cookie?
A cookie will typically hold:
- The name of the website that it has come from.
- How long the cookie will stay on your device.
- A value (usually a randomly generated unique number).
The cookies we set
We use the following categories of cookies on our Site:
- Strictly Necessary Cookies (legal basis: our legitimate interest - art. 6 (1) (f) GDPR): These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services you have asked for such as remembering your login details cannot be provided or for cookies allowing the detection and prevention of fraud.
- Performance Cookies (legal basis: your prior consent - art. 6 (1) (a) GDPR): These cookies collect anonymous non-directly identifiable information on how people use our Site. The data stored by these cookies never shows personal details from which your individual identity can be established.
- Functionality Cookies (legal basis: your prior consent - art. 6 (1) (a) GDPR): These cookies remember choices you make such as the location you visited our Site from, language and search parameters such as size, colour or product line. These can then be used to provide you with an experience more adapted to your selections and to make the visits more tailored and pleasant. The information these cookies collect may be non-directly identifiable and they cannot track your browsing activity on other websites.
- Targeting cookies or advertising cookies (legal basis: your prior consent - art. 6 (1) (a) GDPR): These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert as well as help measuring the effectiveness of an advertising campaign. The cookies are usually placed by third party advertising networks. They remember the websites you visited and that information is shared with other parties such as advertisers. For example, we use third party companies to provide you with more personalised adverts when visiting other websites.
- Social Media Cookies: These cookies allow you to share what you’ve been doing on the Site on social media. These cookies are not within our control. Please refer to the relevant websites respective privacy policies for how their cookies work.
Cookies that are not exempt from consent are referred to as "optional cookies".
You can access the list of cookies we use, manage your consents, and access the list of entities and partners that place cookies on our Site by clicking on Cookie Settings.
For more information on how our fraud detection and prevention service provider uses your data, you can view its own privacy & cookies policy by clicking here.
How long do cookies stay on my computer?
Session cookies - these cookies only last until you close your browser. They are not stored on your hard drive. They are usually used to track the pages that you visit so that information can be customised for you for that visit.
Persistent cookies - these cookies are stored on your hard drive until you delete them or they reach their expiry date. These may, for example, be used to remember your preferences when you use the Site. The lifespan of such cookies will not exceed thirteen (13) months from date of consent.
We remind you that, with regard to "optional cookies", you can change your preferences and withdraw your consent at any time by clicking here.
What can I do to manage cookies stored on my computer or phone
You can accept or refuse cookies per categories of cookies by clicking here.
What happens if I don’t accept cookies?
If you decline cookies, some aspects of the Site may not work on your computer or mobile phone and you may not be able to access some areas on the Site.