Last updated as of the 26th day of March, 2021
Although important, legal language can sometimes make your eyes cross. We recommend diving in after you pour yourself a glass of your favorite wine – it makes the reading process far more enjoyable.
Pix.wine Inc. (“Pix,” “we,” “us,” “our”) does not share the personal information of its website visitors (“you,” “your”) with any third parties except specifically in connection with performance of our or our successor’s services for you, as further detailed in Section 5 below.
Pix respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website or use our platform or services (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the glossary to understand the meaning of some of the terms used in this privacy notice.
1. Important information and who we are
1.1 Purpose of this privacy notice
This privacy notice aims to give you information on how Pix collects and processes your personal data through your use of this website, including any data you may provide through this website.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Pix is the controller and responsible for this website.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Our full details are:
Full name of legal entity: Pix.wine Inc.
Name of DPO: Michael McGregor
Email address: firstname.lastname@example.org
Postal address: 1040 Main Street #300, Napa, CA 94559
You have the right to make a complaint at any time to your respective supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach the relevant supervisory authority, so please contact us in the first instance.
1.3 Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
1.4 Third-party links
This website includes links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. The data we collect from you
Personal Data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
2.1 Types of personal data we collect. We may collect, use, store and transfer different kinds of personal data about you that we have grouped together as follows:
- Account Data includes your account identifier and account creation and modification dates, name, business name, e-mail address, website settings and other preferences you have indicated regarding your account. You and/or your employer are the primary source of the account data, although our website might generate some elements of the account data. If you log into our website using a social media account, then we will obtain elements of the account data from the relevant social media account provider.
- Communication Data includes information contained in or relating to any communication that you send to us or that you receive from us, Pix Associates and/or other third parties as well as your communication preferences and any metadata associated with such communications. You and/or your employer are the primary source of this Communication Data.
- Contact Data includes your name, e-mail address, telephone number, postal address and/or social media account identifiers. You and/or your employer are the primary source of the contact data. We will obtain elements of the contact data from the social media account providers in the event that you log into our website using a social media account.
- Profile Data includes your username and password, your indicated interests, indicated preferences, feedback, information contained in or relating to any communication that you send to us or that we send to you. You and/or your employer are the primary source of this profile data.
- Technical Data includes your internet protocol (IP) address, geographical location, browser type and version, operating system, time zone setting and location, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your use of our website or services. Our analytics tracking system is the source of this technical data.
- Transaction Data includes your name, contact details, payment card (or other payment) details and your transaction details. You, the Pix Associates and/or our payment services provider are the primary sources of the transaction data.
- Usage Data includes information about how you use our website, products and services. Our analytics tracking system is the source of this usage data.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data that will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
2.2 If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
6. International transfers
We may share your personal data within our group of Internal Third Parties. To ensure that your personal data is protected when transferred to an Internal Third Party outside the EEA, a data transfer agreement has been put in place between Pix.wine Inc. and the Internal Third Party incorporating the EU’s standard contractual clauses.
Furthermore, many of our External Third Parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data to External Third Parties based outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the EEA. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Please contact us at email@example.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
3.1 Direct interactions. You may give us your identity and account data, contact data, communication data, profile data and transaction data by entering into an agreement, filling in forms or providing other information via our website. This includes personal data you provide when you:
- enter into an online agreement;
- request our services;
- request marketing or other communications be sent to you; or
- give us feedback.
3.3 Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
4. Legal basis for using your personal data
4.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Operations. We may use your personal data for the purposes of (a) operating our website, including delivering relevant website content and advertisements, (b) administering our services (including performing the contract we will enter, or have already entered, into with you, or performing the contract we have with the Pix Associate(s) to whom you have provided personal data) and (c) generating invoices, bills and other payment-related documentation and credit control. The legal basis for this use is our legitimate interests, namely the proper operation of our website and administration of our services.
- Communications. We may use contact data, account data, transaction data, technical data, usage data and/or profile data for the purposes of managing our relationship with you, communicating with you (excluding communicating for the purposes of direct marketing) by e-mail, SMS, mail, fax and/or telephone, notifying you about changes to our policies and providing support and customer services. The legal basis for this use is our legitimate interests, namely communications with our website visitors, Pix Associates, service users, individual customers and customer personnel, the maintenance of relationships, and the proper administration of our website, services and business.
- Marketing. We may use contact data, account data, communication data, transaction data, profile data, technical data and/or usage data for the purposes of creating, targeting and sending direct marketing communications by e-mail, SMS, mail and/or fax and making contact by telephone for marketing-related purposes (which includes marketing, remarketing (or retargeting) and administering a loyalty/retention program). The legal basis for this use is our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors, Pix Associates and other service users. You have the right to withdraw consent to marketing at any time by contacting us.
- Data Analytics. We may use technical data and usage data for the purposes of improving our website, products and services, marketing and improving website visitor and customer relationships and experiences.
- Research. We may use usage data and/or transaction data for the purposes of researching and analyzing the use of our website and services, as well as researching and analyzing other interactions with our business. The legal basis for this use is our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally.
- Legal Compliance. We may use your personal data where such use is necessary for compliance with a legal or regulatory obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person. The legal basis for this use is our legitimate interest in our and your compliance with legal matters.
- Enforcement of Legal Rights. We may use your personal data where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedures. The legal basis for this use is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
- Security – We may process your personal data in connection with the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of the Pix Associates and others.
- Other Legitimate Interests. We may use your personal data where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at firstname.lastname@example.org.
Note that we may process your personal data for more than one legal basis depending on the specific purpose for which we are using your data. Please contact us at email@example.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 this Section 4.1.
4.2 Third-party marketing
We may share information with Pix Associates for the purposes of the proper operation of our website and administration of our services. Outside of such activities, prior to sharing your personal data with any company outside the group of Pix Associates for marketing purposes, we will get your express opt-in consent.
4.3 Opting out
You can ask us to stop sending you marketing messages at any time by contacting us at firstname.lastname@example.org
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service provided to you.
4.5 Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that 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 contact us at email@example.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.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in Section 4 above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow External Third Parties to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
7. Data security
We have put in place appropriate security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
We will only retain your personal data 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 data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us at firstname.lastname@example.org.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
9.1 Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
9.2 Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
9.3 Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
9.4 Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.5 Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data 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.
9.6 Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data 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.
9.7 Withdraw consent at any time where we are relying on consent to process your personal data. However, this 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. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at email@example.com.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Your California Privacy Rights
California residents may have additional personal information rights and choices. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA privacy notice for California residents.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at firstname.lastname@example.org.
Comply with a legal or regulatory obligation means processing or using your personal data where it is necessary for compliance with a legal or regulatory obligation to which we are subject.
Pix Associate means any individual, firm, company, corporation, government, state or agency of a state, or any association, trust, joint venture, consortium, partnership or other entity (whether or not having separate legal personality) that has an agreement with Pix to use or exchange data in connection with Pix’s platform and/or services.
Pix Group means Pix.wine Inc. and those entities that control, are under common control with, or are controlled by Pix.wine Inc., as well as External Third Parties and those entities that perform services for Pix, such as hosting services, IT services, data analytics and related services.
Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at email@example.com.
Performance of contract means processing or using your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Internal Third Parties means other companies in the Pix Group as well as Pix Associates acting as joint controllers or processors and who provide related services.
External Third Parties means service providers acting as processors who provide hosting, IT and system administration services.