Privacy Policy

Version 1.0 of 23 October 2020

1. Introduction

This privacy policy informs customers, users, suppliers and other contractual partners (hereinafter "you", "customers" or "contractual partners") about the collection and further processing of personal data by Winemaker World SA, Seestrasse 139, 8802 Kilchberg, Switzerland (hereinafter "we" or "Winemaker.com"), insofar as it is not covered by other privacy policies or where it arises from the circumstances or is required by law. Personal Data" means any information relating to an identified or identifiable person.

Please note that we may amend the privacy policy from time to time. The current version published on winemaker.com (the "Website") shall apply.

If you provide us with personal data of other persons, please ensure that these persons are aware of this privacy policy and only disclose their personal data to us if you are entitled to do so under applicable data protection law.

2. Responsible

Responsible for the data processing according to this privacy policy is Winemaker World SA, Seestrasse 139, 8802 Kilchberg, Switzerland. We reserve the right to deviate from other Winemaker.com data protection declarations, which apply to specific data processing. For enquiries in connection with data protection, please contact [email protected]

3. Types of personal data we process

In principle, we collect personal data directly from customers and contractual partners, for example in the context of using the website, when placing orders in our web shops and otherwise when initiating, concluding and processing contracts, when setting up a customer account, on occasions of or in cooperation with Winemaker.com, from winemakers who work with Winemaker.com, in communication via e-mail, telephone or in any other way.

However, we may also collect personal data indirectly, namely when purchases are made for the benefit of a customer or for delivery to a customer by another customer (e.g. as a gift), on the recommendation of a third party (e.g. recommendation by friends of the customer) or by obtaining supplementary information from third party data sources (e.g. social media, address databases, credit agencies). Insofar as this is permitted, Winemaker.com also takes certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, Internet) or obtains this data from authorities and other third parties (e.g. for credit checks).

In particular, Winemaker.com processes the following categories of data:

• Personal data and contact information: This includes, but is not limited to, first and last name, residential address, telephone number, e-mail address, age, date of birth, gender, etc;
• Data in connection with orders and purchases: This includes, but is not limited to, payment details, credit card details, billing and delivery address, products and services ordered and purchased, details of gift vouchers, creditworthiness information, details in connection with queries, complaints and differences regarding products and services or the contracts concluded for them, such as warranty cases, cancellations and disputes, details of customers who are blocked from using the web shop or website, etc.;
• Data collected in connection with the customer account: Customer number, access data, logins, etc. We also allow customers to register and log in to our customer account using accounts from third party providers (e.g. Amazon, Google, Facebook) and in doing so receive certain personal data from the respective third party provider which the third party provider shares with us (e.g. name, e-mail address, certain profile data, etc.);
• Data in connection with the use of the website: This includes in particular, but not exclusively, IP address and other identifiers (e.g. user name in social media, MAC address of the smartphone or computer, cookies), date and time of the visit to the Website, pages and content accessed, referring websites, functions used, number of visits, etc.;
• Data related to the marketing of products and services: This includes information such as newsletter opt-ins and opt-outs, documents received, invitations and participation in events and special activities, participation in competitions, personal preferences and interests, etc.;
• Data related to communication: preferred communication channel, preferred language, correspondence and communication with Winemaker.com (including records of communication), etc.;
• Details of dealers, suppliers and other contractual partners and their contact persons: Contact details, details of the function, details of previous dealings with these persons, details of marketing activities (e.g. receipt of newsletters), details of business transactions, products, enquiries, offers, quotations, conditions and contracts, details of professional and other interests.

The above data does not always represent personal data. As a rule, we are unable to assign data which is collected when using our website without registration (e.g. by means of a user account) to any individual person by name. In individual cases, however, this may be possible in combination with other data.

In order to use our offers, you may have to provide certain personal data that is necessary or legally required for the establishment and processing of the contractual relationship and the fulfilment of the associated contractual obligations. Without this personal data we will generally not be able to conclude and execute the contract or provide a specific service. It is also necessary to log the visits to our website and other digital services and the associated collection of connection data (such as the IP address); this is done automatically during use and cannot be turned off for individual users. If you do not agree to the collection of such data, you should therefore refrain from using our website and other digital services.

4. Purpose of the processing and legal basis

Winemaker.com may process personal data, to the extent permitted by applicable law, for the following purposes:

• Initiation, conclusion and processing of contracts;
• Offering, developing and improving our products and services;
• Maintenance, administration and development of our customer relations, communication with customers, third parties and other contractual partners, customer service and support, promotions, advertising and marketing, creation of user profiles, preparation and provision of tailor-made offers and relevant content;
• Administration of the users of our offers, identity checks, log-ins, and other authentications;
• Operating, maintaining, optimising and ensuring the security of our services and infrastructure;
• Quality control, market research, preparation of statistics, reports and management information, management and development of the company, our offer and activities, acquisition and sale of business units, companies and parts thereof;
• Protection of users, our employees and third parties as well as protection of our data, secrets and assets, security of our systems, buildings and other infrastructure;
• Compliance with legal and regulatory obligations and internal rules, law enforcement, civil, administrative and criminal proceedings, complaints, combating abuse, investigations and responses to requests from authorities and agencies;

We may also process personal data for other purposes if a legal obligation requires processing, if we inform you of this elsewhere or if the processing was recognisable from the circumstances at the time the data was collected.

We use the personal data for the above purposes on the basis of the following legal principles, insofar as this is required under the applicable data protection law:

• performance of the contract;
• Compliance with legal obligations;
• Consent given to us or third parties;
• Legitimate interests of us and of third parties, in particular:
  • Offering and providing services;
  • Advertising and marketing;
  • Contact and communication with users and third parties;
  • Tracking user behaviour, preferences and needs, market studies;
  • Further development and improvement of our offers, development of new offers;
  • User management, identity checks, log-ins, authentications;
  • Protection of users, our employees and third parties, our data, secrets, infrastructure and assets;
  • Maintenance and safe, efficient and effective organisation of business operations, including safe, efficient and effective operation and successful development of our services and IT systems, troubleshooting;
  • Sensible corporate management and development, successful sale or purchase of business units, companies or parts of companies and other transactions under company law;
  • Compliance with legal and regulatory obligations and internal rules, law enforcement, civil, administrative and criminal proceedings, complaints, combating abuse, investigations and responses to requests from public authorities.

If you have given Winemaker.com your consent to process your personal data for specific purposes (e.g. when registering to receive newsletters or setting up a customer account), Winemaker.com will process the personal data within the scope of and based on this consent, provided Winemaker.com has no other legal basis and Winemaker.com requires such a basis.. Consent granted may be revoked at any time, but this has no effect on data processing that has already taken place.

5. Data disclosure and data transfer abroad

Winemaker.com may, to the extent permitted by applicable data protection legislation, disclose personal data to the following categories of third parties who process the personal data for a processing purpose on behalf of Winemaker.com or for their own purposes:

• Service providers (including order processors), such as IT providers, transport companies, service providers for the sending of Winemaker.com advertising material and the administration of registrations for events;
• Banks and other payment service providers, in particular for external authentication or risk assessment of credit card payments in online shops, as well as credit agencies and other providers in connection with credit assessments;
• Distributors, suppliers, subcontractors and other business partners;
• Domestic and foreign authorities, offices or courts;
• The public, including users of Winemaker.com websites and social media and other media
• Buyers or parties interested in acquiring business units, companies or other parts of Winemaker.com;
• Companies affiliated with Winemaker.com;
• Other parties in possible or actual legal proceedings.

Winemaker.com may transfer personal data to any country in the world, in particular to all countries in which Winemaker.com is represented by group companies, branches or other offices and representatives, as well as the countries in which Winemaker.com's service providers process their data. If data is transferred to a country without adequate data protection, Winemaker.com shall ensure an adequate level of protection by using sufficient contractual guarantees, in particular on the basis of the standard contractual clauses of the European Commission, or so-called Binding Corporate Rules, or on the basis of the exception of consent, the execution of the contract, the establishment, exercise or enforcement of legal claims, overriding public interests, data published by the Customer, Users or contractual partners or because it is necessary to protect the integrity of these persons. The Customer, users and contractual partners can obtain a copy of the contractual guarantees from the contact address mentioned in section 2 above. However, Winemaker.com reserves the right to redact copies for reasons of data protection or confidentiality, or to supply only extracts.

6. Data storage

We store personal data as long as this is necessary for the purpose for which we have collected it. Certain personal data is also subject to legally binding retention obligations of ten or more years, which we comply with. We may also retain Personal Data for at least the applicable limitation period, which in many cases is five or ten years. Personal data that is generated in connection with the use of our offers (e.g. protocols, logs, analyses, etc.) and that is not subject to such retention or limitation periods will generally be deleted earlier as soon as we are no longer interested in processing it. Data can also be stored in anonymised form for longer periods.

7. Cookies, Google Analytics und Social Plug-ins

Winemaker.com uses cookies on the website. Cookies are a widespread technique whereby the user's browser is assigned an identifier by the website, which the user stores on his or her computer and displays on request. Winemaker.com uses so-called session cookies, which are automatically deleted at the end of a visit to the website and enable the server to keep track of the user (and, for example, to ensure that the contents of the shopping cart are not lost) when the user moves around the website. On the other hand, so-called permanent cookies are used, which are only deleted after a period defined for each website (e.g. two years after the last visit) and serve to store the user's preferences (e.g. language) over several sessions or to enable automatic login. By using the website but also the corresponding functions (e.g. language selection, autologin) the user agrees to the use of such permanent cookies. Certain cookies are set by Winemaker.com, and certain cookies are also set by contractual partners with whom Winemaker.com cooperates. Most browsers are preset to accept cookies. However, users can set their browser to reject cookies, to save them only for one session or to delete them prematurely. If cookies are blocked, it is possible that certain functions (such as language selection, shopping cart, ordering processes) will no longer work.

Winemaker.com may also include in newsletters and other marketing emails that it sends, where permitted by applicable law, codes that enable it to identify whether the recipient has opened the email and downloaded the images contained therein. However, the recipient can block this in his e-mail program. However, he agrees to the use of this technology with his consent to receive newsletters and other marketing e-mails. If this is not desired, the browser or e-mail programme must be set accordingly or the app must be uninstalled if this cannot be adjusted via the settings.

To the extent that Winemaker.com uses third-party advertising on the website (e.g. banner ads) or wishes to place its own ads on third-party websites, cookies may also be used by companies that specialise in displaying such ads. Winemaker.com does not send you any personal data, i.e. it merely sets a permanent cookie to recognise users of the website as such, and does so only for the purposes of Winemaker.com. In this way it is possible for Winemaker.com to display advertisements from Winemaker.com to these people on external websites (e.g. in connection with products that have been interested in the Winemaker.com online shop). The operators of the external websites also receive no personal data from Winemaker.com.

Winemaker.com may use Google Analytics or similar services on the website. This is a service provided by a third party, which may be located in any country in the world (in the case of Google Analytics by Google Inc. in the USA, www.google.com), with which Winemaker.com can measure and evaluate the use of the website. Permanent cookies are also used for this purpose, which are set by the service provider. The service provider does not receive any personal data from Winemaker.com (nor does it keep IP addresses), but it can track the user's use of the website, combine this information with data from other websites that the user has visited and which are also tracked by the service provider, and use this information for its own purposes (e.g. promotion management). If the User has registered with the Service Provider himself, the Service Provider knows his identity. The processing of his personal data by the service provider is then carried out under the responsibility of the service provider in accordance with the latter's data protection regulations. Winemaker.com receives information from the service provider about the use of the website. Further information about the web analysis service used can be found on the Google Analytics website. Instructions on how to prevent the processing of data by the web analysis service can be found at http://tools.google.com/dlpage/gaoptout?hl=de.

Winemaker.com may also use so-called plug-ins from social networks such as Facebook, Twitter, Youtube, Google+, Pinterest or Instagram on the website. The default settings of the website are configured so that the plug-ins are disabled. The user must therefore activate them himself. If he does so, the social network operators can establish a direct connection to the user while he is on the website and know that he is there and can evaluate this information. The processing of his personal data by the operator of the social network is then carried out under the responsibility of this operator in accordance with his privacy policy. Winemaker.com receives no information from the operators of these social networks.

8. Newsletter

If you register for our newsletter, you agree that we may use your data to send you our e-mail news-letter from time to time. You can unsubscribe from the newsletter and thus revoke your consent to the necessary processing of your data at any time, either by sending a message to [email protected] or via an unsubscribe link in the newsletter.

9. Automated verification of the credit card

If a customer decides to pay with a credit card in the online shop, certain personal data as well as order details are transmitted for authentication purposes to the payment service provider of Winemaker.com as technical order processor and to the banks involved. An automated authentication or risk check takes place. The effect of this check can potentially be that the authentication is not successful and the Customer is therefore unable to use the selected payment method in the specific case.

10. Credit rating information

If Winemaker.com makes advance payment, e.g. in the case of a purchase on account, Winemaker.com may, if necessary, obtain a credit report from a credit agency in order to protect its legitimate interests. For this purpose, Winemaker.com transmits the personal data required for a credit assessment to credit agencies and use the information received on the statistical probability of a default in payment for a balanced decision on the establishment, implementation or termination of the contractual relationship. The creditworthiness information may include probability values (score values), which have been calculated based on mathematical-statistical procedures and in the calculation of which address data, among other things, are included.

11. Data security

Winemaker.com takes appropriate technical and organizational security precautions to protect personal data from unauthorized access and misuse. These security measures include IT and network security solutions, encryption of data carriers and transmissions (e.g. when communicating with our website), access controls and restrictions and the issuing of instructions.

Customers and contractual partners should always keep their access data confidential and close the browser window when they have finished communicating with Winemaker.com, especially if the computer is shared with others.

12. Rights of the customer, users and contractual partners

Every data subject, customer, user and contractual partner, has a right of access to the personal data relating to him/her towards Winemaker.com. In addition, they have the right to demand that Winemaker.com correct, delete and restrict the personal data relating to them and to object to such processing of personal data. If the processing of personal data is based on consent, the data subject may revoke such consent at any time. Requests in connection with these rights should be addressed to the contact address (see point 2 above). Winemaker.com reserves the right to limit the rights of the person concerned within the scope of the applicable law and, for example, not to provide complete information or not to delete data.

Every data subject has the right to lodge a complaint with the competent data protection authority. In the case of a Winemaker.com representative in Switzerland, this is the Swiss Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

13. Changes

Winemaker.com may amend this Privacy Policy at any time without notice or communication. The current version published on the website applies. Insofar as the data protection declaration is part of an agreement with customers and contractual partners, Winemaker.com will inform them of the change by e-mail or other suitable means if it is updated.