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Privacy Policy

PRIVACY POLICY

This Privacy Policy describes: (i) how we may collect, use and disclose information you provide us; (ii) what information we may collect when you access and use our Website; and (iii) what rights you have with respect to the same.  BY ACCESSING AND USING OUR WEBSITE, CREATING AN ACCOUNT, AND/OR SUBMITTING ANY INFORMATION YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS.

1.                  PERSONAL DATA

A.                Personal Data.

i.                    “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

ii.                  What data is collected.  We collect Personal Data that you voluntarily provide us; for example, when you create an Account, register for our newsletter and/or make a purchase we may require your name, e-mail, contact information, billing address, credit card information and/or other information.  We also may collect information about you from other sources such as public records, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers we think will interest you.

B.                 How do we use your Personal Data?

We may use your Personal Data to:

                                            i.                        carry out our obligations arising from any agreements entered into between you and us;

                                          ii.                        provide you with access and use of our Website, along with services, products, or information you have requested from us;

                                        iii.                        notify you about changes to our Website;

                                        iv.                        protect our interests, including enforcement of any provision set forth in the Terms and Conditions and/or our Privacy Policy; or

                                          v.                        ensure that content from our Website is presented in the most effective manner for you and your device; and

                                        vi.                        contact you with certain marketing or promotional materials, as well as other information that may be of interest to you.  If you no longer consent to such use please send us an email so stating to dpo@brooklynbrewery.com or follow the unsubscribe instructions provided in any of the communications.

2.                  PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and which of the bases we rely on to do so.  

We have set out below, in a table format, a description of all the ways we plan to use your Personal Data and the rationale for the same.  There is no statutory requirement for you to provide us with your Personal Data; however, if you do not provide all requested information, we may not be able to provide you with all features associated with our Website.  When accessing and/or using our Website, we may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

  1. Account Data

. Account Data may include first name, last name, username, and/or password or similar identifiers.

  1. Contact Data

. Contact Data includes billing address, delivery address, email address and telephone number(s).

  1. Financial Data

. Financial Data includes bank account and payment card details.

  1. Submission Data

. Submission Data includes any information provided with respect to Submissions.

  1. Technical Data

. Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Website. PLEASE NOTE:  DEPENDING ON YOUR JURISDICTION YOUR IP ADDRESS MAY BE CONSIDERED PERSONAL DATA.

  1. Usage Data

. Usage Data includes information about your use of our Website.

  1. Marketing and Communications Data

. This includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data.   Contact us at dpo@brooklynbrewery.com if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out in the table below.

PURPOSE/ACTIVITY

TYPE OF DATA

LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST

For the purposes of your enrolment and the administration of the Website

(a)   Account

(b)   Contact

To respond to your requests

To improve customer service

(a)   Account

(b)   Contact

 (c)   Marketing and Communications

(a)   Provide you with customer service

(b)   Necessary to comply with a legal obligation

(c)    Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To administer and maintain our activities and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

(a)   Account

(b)   Contact

(c)    Technical

(a)   Necessary for our legitimate interests (for provision of administration and IT services, network security, and to prevent fraud)

(b)   Necessary to comply with a legal obligation

To contact you (including sending information and updates relating to any order, questions or requests) or for the provision of customer services

(a)   Account

(b)   Contact 

(c)    Usage

(d)   Marketing and Communications

(e)    Technical

(a)   Provide requested services and merchandise to you.

(b)   Necessary for our legitimate interests (to study how users use our products/services, and to develop them)

To use data analytics to improve our Website, products/services, marketing, user relationships and experiences

(a)   Technical

(b)   Usage

Necessary for our legitimate interests (to define types of users for our products and services, to keep our Website updated and relevant and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a)   Account

(b)   Contact

(c)    Technical

(d)   Usage

(e)    Profile

Necessary for our legitimate interests (to develop our products/services)

 

3.                  CHANGE OF PURPOSE

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably determine we need to use it for another reason and that reason is compatible with the original purpose.  If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please us at dpo@brooklynbrewery.com.

If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL DATA WITHOUT YOUR KNOWLEDGE OR CONSENT, IN COMPLIANCE WITH THE ABOVE RULES, WHERE THIS IS REQUIRED OR PERMITTED BY LAW.

4.                  LIMITING OR PROHIBITING USE OF YOUR PERSONAL DATA

DEPENDING ON YOUR JURISDICTION YOU MAY PARTIALLY OR WHOLLY OUT-UP OF HAVING YOUR PERSONAL DATA USED BY EMAILING US AT THE FOLLOWING EMAIL US AT dpo@brooklynbrewery.com (“OPT-OUT NOTIFICATION”).  PLEASE INCLUDE “OPT-OUT” IN THE SUBJECT LINE OF EACH OPT-OUT NOTIFICATION ALONG WITH A SHORT CONCISE DESCRIPTION SPECIFYING HOW YOU WOULD LIKE TO LIMIT OR RESTRICT THE PROCESSING OF YOUR PERSONAL DATA.  PLEASE NOTE THAT RESTRICTING THE PROCESSING OF YOUR PERSONAL DATA WILL LIKELY IMPACT YOUR ABILITY TO ACCESS AND USE ALL FEATURES OF THE MIRA SOLUTION.

5.                  DISCLOSURE OF PERSONAL INFORMATION

We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

A.                Third-Party Service Providers.  We will share your Personal Data with third parties, such as vendors and service providers who provide assistance with billing, payment processing, fraud protection, credit risk reduction, marketing, data analytics support and service associated with the Website and delivery of purchased merchandise.

B.                 Compliance with Laws and For Other Legitimate Business Purposes.  We will share your Personal Data when we believe disclosure is necessary or required by law, regulation and in response to lawful requests from authorities, include to meet national security or law enforcement requirements, as well as to protect users, the integrity of the Website and to defend or exercise our legal rights.  We may also disclose your Personal Data when it may be necessary for other legitimate purposes as reasonably determined by us.

C.                 Affiliates.  We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

D.                Corporate Restructuring.  We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset.  If another company acquires our business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

6.                  NON-IDENTIFIABLE INFORMATION

A.                Non-Personal Data means data that is not associated with or linked to your Personal Data; Non-Personal Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Non-Personal Data, as described below:

B.                 Analytics and Log Files. We may automatically collect certain information from you, including but not limited to your browser type, device type and model, operating system, unique device identifier of any of your computer(s) or device(s) that are used to access our Website, software version, Internet Protocol (IP) address, geo-location, preferred language, and the domain name from which you accessed our Website.

C.                 Cookies, Web Beacons, and Other Technologies. We use cookies and similar technologies (e.g., web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off and across different services and devices. For detailed information on the cookies we use, and the purposes for which we use them, see below.

D.                Cookies. We use many different cookies on our Website. If you do not know what cookies are, or how to control or delete them, we recommend you visit aboutcookies.org for detailed guidance. Cookies allow us to identify and authenticate visitors, track aggregate behavior, and enable important website features. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period, and we use that to identify you should you return to our website and want to find information that you had started even if you are not logged in, or don't have a user Account. Session cookies are used to maintain your shopping state as you browse through our Website. We also contract with analytics services, third-party affiliate services, and third-party advertising companies to collect similar information for specific purposes. The use of cookies by our partners is not covered by this Privacy Policy. Though you may disable cookies through your web browser, doing so may prevent you from taking advantage of some of our Website's features. To opt out of these collection services, please see the section "Your Choices" below.

E.                 Web Beacons/Tags. We automatically collect aggregate anonymous information through web beacons. We may also deliver a file to you through the Website (known as a "web beacon") from an advertising network with which we have contracted. Web beacons allow third-parties to provide anonymized, aggregated auditing, research, and reporting for us.

7.                  AGGREGATED DATA

After removing any information that would personally identify you from within the set of Personal Data and Non-Personal Data we collect from you, we may combine that information with information we collect from other users and customers (collectively the “Aggregated Data”) in order to improve the quality and value of our products, or services and to analyze and understand how our Website is used.   We may share Aggregated Data (after stripping of any information that would personally identify you) and Non-Personal Data with third parties for industry analysis, demographic profiling, and other purposes.

8.                  YOUR CHOICES

A.                How You Can Access or Correct Your Information. You can access a variety of your Personal Data that we collect online and maintain either online, or by contacting our customer service representatives via email at dpo@brooklynbrewery.com. We use this procedure to better safeguard your information. You can correct factual errors in your Personal Data by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

You may modify the information you have provided to us in your Account at any time through your Account.  You can also opt out of receiving marketing communications, deactivate, or delete your Account at any time.

B.                 How You Can Request for Your Information To Be Deleted. You can ask us to erase or delete all or some of your Personal Data (provided it is no longer necessary for legal purposes or to provide services to you). You may place a request by contacting our customer service representatives via email at dpo@brooklynbrewery.com. We will delete all your Personal Data that we are not legally required to maintain within 30 days. We will also take reasonable steps to verify your identity before proceeding with deletion. Please realize that if you initialize this request while you have outstanding orders, those orders will be cancelled.

C.                 Opting Out.

i.                    Targeted Advertising. If you do not want information about your activity on our sites to be used for tailored advertising, please visit the opt-out page hosted by the Network Advertising Initiative and follow the instructions there.

ii.                  Analytics. You may opt-out of Google Analytics by following this link.

iii.                Google AdWords. Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page.

iv.                Cookies. You may disable, or delete cookies in your Web browser, but doing so may impact the usability of the website. To block cookies, you may also browse the site using your browser's anonymous usage setting (called "Incognito" in Chrome, "InPrivate" for Internet Explorer, "Private Browsing" in Firefox and Safari etc.) according to the browser provider’s configuration of that feature.

9.                  CALIFORNIA RESIDENTS

A.                California Shine the Light Act. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.

To request a copy of the information disclosure provided by us pursuant to Section 1798.83 of the California Civil Code, your request must include "California Privacy Rights Request" in the first line of the request and include your name, street address, city, state, and zip code and be sent to us via e-mail at dpo@brooklynbrewery.com or via regular mail to the address provided below. 

The Brooklyn Brewery Corporation

#1 Brewers Row

79 North 11th Street

Brooklyn, NY  11249

Tel:  718-486-7422

Please note that under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any request that is not sent to the e-mail or designated mailing address.

B.                 Do Not Track. Do Not Track is a privacy preference that users can set in their web browsers.  When a user turns on the Do Not Track signal, the browser typically sends a message to websites requesting them not to track the user.  At this time, we do not recognize or respond to Do Not Track browser settings or signals and we will still receive information.  As a result, we may still collect information about you and your internet activity, even if you have turned on the Do Not Track signal.

It is possible that some or all of our third-party advertising partners or members of their affiliate network may participate in consumer opt-out programs.  To learn more about internet-based advertising and consumer opt-out programs go to http://aboutads.info/choices/ or http://www.networkadvertising.org/choices/. 

10.              INTERNATIONAL TRANSFERS OF INFORMATION

Information, including information collected in the European Economic Area ("EEA") may be transferred, stored and processed by us and our service providers in the United States and other countries whose data protection laws may be different than the laws of your country.  We will protect your Personal Data in accordance with this Privacy Policy wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws.

If you live in the EEA, or a similar area, you may have additional privacy rights available to you under applicable laws.  We will process your requests in accordance with applicable data protection laws.  If you would like to exercise any of the below rights, please contact dpo@brooklynbrewery.com so that we may consider your request in accordance with applicable law:

  • Right not to provide or withdraw consent: You have the right not to provide or withdraw your consent at any time.
  • Right of access: You may have the right to access the Personal Data that you provided us.
  • Right of erasure: You may have the right to the erasure of Personal Data that we hold about you.
  • Right to object to processing: You may have the right to request that we stop processing your Personal Data and/or to stop sending you marketing communications.
  • Right to rectification: You may have the right to require us to correct any of your Personal Data.

11.              INTERNATIONAL USERS

We are based in Brooklyn, New York, United States of America (“U.S.A.”) and the information we collect is governed by the State of New York and applicable Federal Law.  If you are accessing our Website from outside of the U.S.A., please be aware that information collected through the Website will be transferred, processed, and used in the U.S.A.  The data protection laws in the U.S.A. may be different from those of the country in which you are located.  Your use of the Website or providing us with any information therefore constitutes your consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Data in, the U.S.A. as set forth in this Privacy Policy.

A.                Canadian, Brazilian, and Mexican Residents. If you are a citizen of Canada, Brazil, or Mexico and have questions about the accuracy of information that we have collected about you, you can have access to that information in order to verify and update it, unless we are permitted or required under applicable laws to refuse your access to such information. You may email us at dpo@brooklynbrewery.com or mail us at the following address to request access to Personal Data we have about you, or to obtain further information about our privacy policies or practices.

The Brooklyn Brewery Corporation

#1 Brewers Row

79 North 11th Street

Brooklyn, NY  11249

Tel:  +1 718-486-7422

Residents of Canada are entitled to receive certain information about the collection, use and disclosure of their Personal Data. We collect, use, and disclose your Personal Data with your consent, which may be express or implied. You may withdraw your consent to the use and disclosure of your Personal Data by contacting us at dpo@brooklynbrewery.com.

B.                 United Kingdom (U.K.) Rights. U.K. users have the right to ask us to amend or limit the processing of their Personal Data, (as defined by U.K. law) and in particular not to process their Personal Data for marketing purposes.  We will inform you (before collecting your personal data) if we intend to use your Personal Data for such purposes or if we intend to disclose your Personal Data to any third party for such purposes.  You can exercise your rights to prevent such processing by checking certain boxes on the forms we use to collect your Personal Data.  You can also exercise the right at any time by contacting us at:  dpo@brooklynbrewery.com.

C.                 European Union (E.U.) Residents and Privacy Shield Framework. We comply with the Privacy Shield Framework (“Privacy Shield”) and are committed to ensuring that we adhere to the following principals: Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. We are subject to the enforcement of the Federal Trade Commission and retain liability for harm caused in connection with our onward transfer of you data. 

To learn more about the Privacy Shield, please visit the U.S. Department of Commerce website located at the following link:  https://www.privacyshield.gov/welcome.  We are committed to working with you to address questions, concerns or complaints you may have about this Privacy Policy or your Personal Data.  For the avoidance of doubt, in the event there is a conflict between the Privacy Policy and the Privacy Shield the terms of the Privacy Shield shall govern.  Please contact dpo@brooklynbrewery.com with the subject “ATTN: DATA PROTECTION OFFICER” if you have any questions or have an issue you would like to resolve.

D.                E.U. Resident Dispute Resolution. If you reside in the E.U. and have questions or concerns regarding the use or disclosure of Personal Data, contact us at dpo@brooklynbrewery.com for assistance.  We will promptly investigate and attempt to resolve all complaints regarding our use of Personal Data.    

If we are unable to satisfactorily resolve your issue please contact our U.S. based third party dispute resolution provider at https://www.jamsadr.com/eu-us-privacy  shield free of charge.   In certain situations, more fully described at the following Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted: https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint.

12.              INFORMATION SECURITY AND CONFIDENTIALITY

We maintain (and require our subcontractors and service providers to maintain) appropriate organizational and technical measures designed to protect the security and confidentiality of any information we process and prevent its improper loss, misuse, unauthorized access, disclosure, alteration, and destruction.  All of our employees with access to your Personal Data are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Data. However, no organizational or technical measures are 100% secure so you should take care when disclosing information online and act reasonably to protect yourself online.

13.              THIRD PARTY WEBSITES

Our Website and this Privacy Policy contain links to other websites.  Neither do we control nor make any representations about any of these third-party websites (even those with which we may have an affiliation).  If you decide to access a third-party website linked to on our Website or in this Privacy Policy, you do so at your own risk.  We encourage you to review the terms of use and privacy policy of any third party website that is linked to the website.

14.              UPDATES TO THE POLICY

We may update this Privacy Policy from time to time.  When we do so, we will post the new Privacy Policy on the Website. You should consult this Privacy Policy regularly for any changes. Continued use of the Website following posting of such changes, shall indicate your acknowledgement of such changes and agreement to be bound by the terms of such changes. If you do not agree, you should immediately discontinue your use of the Website.

15.              CONTACT INFORMATION

If you have any questions about this Privacy Policy, please contact us at:

The Brooklyn Brewery Corporation

#1 Brewers Row

79 North 11th Street

Brooklyn, NY  11249

Tel:  718-486-7422

dpo@brooklynbrewery.com

Last Updated:  December 19, 2018