Last Revised: December 20, 2019
1. PRIVACY NOTICE CHANGES
2. LEGITIMATE BASIS
You and Us have entered into a binding Agreement. In order to meet Our obligations under the Agreement, we have a legitimate business interest to collect, process and share Your personal information as set forth herein.
3. PERSONAL INFORMATION
A. Personal information. Personal information is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The following are personal information categories of date that We may collect from You:
i. Contact Information. Name, postal address, unique personal identifier, telephone number, online identifier, Internet Protocol address, email address, company name, or other similar information.
ii. Protected Classification Information. Sex, gender, medical condition, national origin, disability, age.
iii. Transaction Information. Services purchased, obtained, or considered, other purchasing or consuming histories or tendencies.
iv. Personal Network Information. Browsing history, search history, information regarding Your interaction with the Services and advertisements (please also see Section 4(c) below).
v. Geolocation Data. Mailing address or billing address.
vi. Visual, audio, olfactory, electronic, or similar data. Physical characteristics or description, video or photos You choose to share.
vii. Professional Information. Employer name and employment history.
viii. Financial Information. Bank account number, credit card number, debit card number, other financial information.
ix. Inferences from the foregoing categories. Additional demographic information reflecting Your preferences and characteristics.
4. SOURCES OF INFORMATION
A. When You Contact Us. We receive Your personal information when You contact Us, create an Account, register to receive Our newsletter; or when You purchase tickets for an Event, acquire Merchandise or use Services for some other authorized purpose.
B. Social Media Platforms. If You access Our Website through a Facebook, Instagram, Twitter or another similar service (“Social Media Platform”). We may have access to the profile information associated with Your Social Media Platform account. We may also be able to access information contained in cookies placed on the device used to access and use the applicable Social Media Platform. “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. Cookies allow Services to remember important information that will make Your use of Services more convenient.
C. Personal Network Information and Log Data. We also collect Your public IP address when You visit Our Website. We may use Your public IP address in order to determine whether certain requests are fraudulent or frivolous and We may automatically cross-reference Your public IP address with Your domain. When visiting Our Website from Your personal network Your IP address and any associated domain name will be treated as Your “Personal Network Information”. “Log Data” does not include Personal Network Information.
5. USE OF PERSONAL INFORMATION
We use personal information as follows:
A. To keep You informed about Our Services, Your requests for Services and provide You with customer services and other support.
B. To create, develop, operate, deliver, and improve Our Content, Merchandise, Events, Beers and advertising.
C. To protect Our Services and other Users, as well as to enforce Our rights under the Agreement (specifically for anti-fraud purposes and to prevent illegal or unauthorized activity).
D. To verify that You are eligibility for certain Services. For example, We may use date of birth to determine that You are of the Age of Majority.
E. To for internal purposes such as auditing, data analysis, and research;
F. To improve Our products, Merchandise, Events, Beers, and overall Service provided, and customer communications.
G. To evaluate Your candidacy pursuant to our Career Privacy Notice during the recruiting and employment process.
H. For marketing and promotional purposes, including to inform You of products, Services that We or Our partners may offer.
I. To generate aggregated data which is created after removing personal information that identify You. We may combine that information with information We collect from other Users to improve the quality and value of Services and to analyze and understand how Our Website is used.
5. HOW WE SHARE YOUR INFORMATION
A. Service Providers. We share Your personal information with vendors to who assist Us with making Services available to You, conduct quality assurance testing; provide technical support; and/or to provide other Services to Us (“Service Providers”). Except as otherwise stated in this Privacy Notice, third party Service Providers are required to use Your personal information other than to provide requested Services.
C. Legal Compliance. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Your personal information to government or law enforcement officials or private parties in response to lawful requests when We believe disclosure or sharing is necessary to comply with any legal obligation, enforce the Agreement, respond to claims and legal process, protect Our property and rights or a third party, protect the safety of the public or any person, or prevent or stop any illegal, unethical or legally actionable activity.
D. Corporate Restructuring. We may share some or all of Your personal information 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 information may also be transferred as a business asset.
E. Legitimate Business Purposes. We may also disclose Your personal information when it may be necessary for other legitimate purposes as reasonably determined by Us.
6. COOKIES, TRACKING TECHNOLOGIES AND BEHAVIORAL ADVERTISING
B. Behavioral Advertising. Our websites may participate in third party behavioral advertising. This means that a third party may use technology to collect information about Your use of Our Services so that other parties can provide advertising about products and services tailored to Your interests. If You do not want third parties to collect and use Your information in this manner You may opt-out at the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada, or European Digital Advertising Alliance in Europe.
7. INTERNATIONAL USERS
A. General. All the information You provide may be transferred around the world as described in this Privacy Notice. Personal information, relating to Services, regarding individuals who reside in a European Economic Area and Switzerland is processed in accordance with the Model Contractual Clauses. Additional We rely on the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules System for the international transfer of data from APEC.
B. 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 contact Us at the e-mail or regular mail address specified in the Contacting Us section below to request access to personal information We have about You, or to obtain further information about Our privacy policies or practices.
Residents of Canada are entitled to receive certain information about the collection, use, and disclosure of their personal information. We collect, use, and disclose Your personal information with Your consent, which may be express or implied. You may withdraw Your consent to the use and disclosure of Your personal information by contacting Us at the e-mail or regular mail address specified in the Contacting Us section below.
C. United Kingdom (“U.K.”) Residents. U.K. users have the right to ask Us to amend or limit the processing of their personal information, (as defined by U.K. law) and in particular not to process their personal information for marketing purposes. We will inform You (before collecting Your personal information) if We intend to use Your personal information for such purposes or if We intend to disclose Your Personal information 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 information. You can also exercise the right at any time by contacting Us at the e-mail or regular mail address specified in the Contacting Us section below.
D. European Union (E.U.) Residents. If You live in the European Economic Area (“EEA”), or a similar international 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 Us at the e-mail or regular mail address specified in the Contacting Us section below so that We may consider Your request in accordance with applicable law:
i. Right to Access to Your Personal information. You may have the right to access the personal information that We maintain about You.
ii. Right to Correction of Your Personal information. You may have the right to require Us to correct any of Your personal information.
iii. Right to Erasure of Your Personal information. You may have the right to the erasure of personal information that We hold about You. Note, however, We may not always be able to comply with Your request of erasure for specific legal reasons of which You will be notified, if applicable, at the time of Your request.
iv. Right to Object to Processing of Your Personal information. You may have the right to request that We stop processing Your personal information or to stop sending You marketing communications.
v. Right to Withdraw Consent. You may have the right not to provide or withdraw Your consent at any time. Withdrawal will not affect the lawfulness of any processing carried out before You withdraw Your consent. If You withdraw Your consent, We may not be able to provide certain products or services to You.
vi. Request Restriction of Processing Your Personal information. You may ask Us to suspend the processing of Your personal information in the following scenarios: (a) if You want Us to establish the data’s accuracy; (b) where Our use of the data is unlawful but You do not want Us to erase it; (c) where You need Us to hold the data even if We no longer require it as You need it to establish, exercise or defend legal claims; or (d) You have objected to our use of Your data but We need to verify whether We have overriding legitimate grounds to use it.
vii. Request Transfer of Your Personal information. You may request the transfer of Your personal information to You or to a third party. We will provide to You, or a third party You have chosen, Your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
8. CALIFORNIA PRIVACY RIGHTS
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 contact Us at the e-mail or regular mail address specified in the Contacting Us section below with “California Privacy Request” in the first line.
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 designated e-mail or mailing address.
B. California Do Not Track Disclosure. Do Not Track is a privacy preference that some users may set in their web browsers. When a user turns on the Do Not Track signal, the browser 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/.
C. California Consumer Protection Act. Please also see Our California Consumer Protection Act disclosures.
9. INFORMATION SECURITY AND CONFIDENTIALITY
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, although We comply with Our legal obligations in respect of the security of Your personal information We cannot guarantee its absolute security.
We employ (and require Our Service Providers to maintain) generally accepted standards of organizational, administrative, physical, procedural, and technological measures designed to protect Your information from improper loss or misuse, and unauthorized access, disclosure, alteration, and destruction during processing. If You have any questions about the security of Your personal information, You can contact Us at the e-mail or regular mail address specified in the Contacting Us section below.
10. DATA RETENTION
Generally, We will only retain Your personal information for as long as necessary to fulfill the purposes We collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal information, We consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of Your personal information, the purposes for which We process Your personal information and whether We can achieve those purposes through other means, and the applicable legal requirements. Our default retention period is 3 years.
11. CONTACTING US
If You have questions or complaints about how We use Your personal information, please contact Us at:
Brooklyn Brewery Corporation
Attention: Legal Director
1 Brewers Row
79 North 11th Street
Brooklyn, NY 11249