Pernod Ricard is the Data Controller of any Personal Data you submit to the Site. Pernod Ricard, in its role as Data Controller, respects your right to privacy when you use our Site and communicate electronically with us.
1. What Personal Data do we gather about you and how?
Personal Data is collected only for the purposes set out in Section 3 below and each time you participate in any of the features or services offered by our Site.
The types and amount of information collected for the above-mentioned features and services may be updated and vary depending on the activities of Pernod Ricard and its affiliated companies.
Subject to applicable law requirements, we may use a variety of technologies that collect and provide information about how our Site is accessed and used by you. We may also use demographic information about the users of our Site, which we may obtain from third parties such as Google or social media that you use (“Usage Information”). Usage Information may consist of the pages you viewed, the time you viewed them, which beverage information or other content you accessed or provide, in what language, including demographic information about you (such as your age, gender and interest areas, where available) and what pages you looked at before viewing the current page, etc.
2. How and why do we use tracking technologies?
Pernod Ricard uses tracking technologies such as cookies, IP Address or Log files, to gather certain information such as browser type and operating system, referring page, path through the Site, domain of ISP etc. for the purpose of improving the use and functionality of our Site and to better understand how visitors use our Site and the tools and services offered on it. Tracking technologies help us tailor our Site to your personal needs.
- An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet. We may keep track of Internet Protocol (IP) addresses to (among other things): (i) troubleshoot technical concerns, (ii) maintain our Site safety and security, (iii) restrict access to our Site to comply with applicable law or contractual restrictions, and, (iv) better understand how our Site is utilized;
- We (or a third party on our behalf) may collect information in the form of log files that record our Site activity and gather statistics about users’ browsing habits. These entries are generated anonymously, and help us gather (among other things) (i) a user’s browser type and operating system, (ii) information about a user’s session (such as the URL they came from, the date and time they visited our Site, and which pages they’ve viewed on our Site and for how long), and, (iii) other similar navigational or click-stream data. We also use information captured in log files for our internal marketing and demographic studies, so we can constantly improve and customize the online services we provide you. Log files are used internally only and are not associated with any particular user.
3. For what purpose do we use your Personal Data and based on which legal grounds?
We collect information about you to:
- Respond to your request of service or for the performance of a contract
- When you register or sign-up in our Site (mobile app, websites, social media, etc.), your Personal Data is used to provide you with the relevant features and services you subscribe to, and to offer you the benefits and privileges that typically come along with your registration (e.g. receiving the communications you select at the time of registration, being invited to events, participating in a sweepstake, etc.);
- When you purchase products on our Site: we use your Personal Data to manage your order and deliver your products.
- Send you transactional or administrative communications: (e.g. confirmation email when you sign up for, or unsubscribe from, a specific registration or activity), as well as certain service-related announcements (e.g., notices about updates to our privacy notices, discontinued features or programs on our Site, changes to our online services or technical support policies, or other related changes)
- Allow us to send you marketing information when you consent:
- In addition to the purpose for which you submitted your Personal Data, you may also be given the option (through a check box or otherwise) to have your Personal Data used for an activity or service different from the primary activity or service that you are requesting. For example, if you are signing up for a contest or other promotion, you may also be invited to sign up for newsletters or alerts from our Site hosting the promotion or from other websites. If you choose to receive these additional services, we will use your Personal Data to provide them to you.
- When you use the “Send to a friend” feature: this Personal Data is used only once to send the communication and is not further retained by us, as appropriate according to local law;
- When you use a QR Code or equivalent feature displayed on Pernod Ricard products: we use your Personal Data to send you more information on the products where the QR code or equivalent feature is displayed or other products;
- Because it is also Pernod Ricard legitimate interest to better serve you:
- Subject to your consent when required, we may occasionally combine, update, or otherwise enhance the Personal Data collected through our Site with data we receive from outside records or third parties. For instance, we may combine purely demographic or survey information (e.g. age, gender, household information, and other interests, etc.) not linked to any Personal Data about you with Personal Data collected through our offers (such as during account registration). We may use the combined above-mentioned information and/or demographic information for our internal marketing and demographic studies and to constantly improve, personalize, and customize the products and services we provide you to better meet your needs. Some of the tools we use may involve automated individual decision-making subject to applicable law. Feedback, questions, or comments through our “Contact Us” form and our “Tell Us” compliance reporting system: if you contact us via an online contact form, your Personal Data is used to respond to your inquiry or comment.
- We will ensure that your Personal Data remains accurate and up-to-date and avoid duplication in our database, by verifying each of your interactions with us and/or one of our affiliates to ensure your Personal Data is still accurate or needs to be completed or updated with the additional information you will have provided.
Pernod Ricard may process Personal Data involving automated decision making, including for the performance of a contract (e.g. avoid fraudulent payment) or subject to your explicit consent, to better serve your needs in accordance with your preferences.
Please note that the automated tools used are regularly checked to ensure that the Personal Data is processed fairly. Specific measures such as data minimization are implemented when creating profiles. You are invited to express your point of view through the right of access described above. You can also object the result of the automated decision by sending an email to the contact details in Section 11 below.
4. What happens if you do not wish to provide your Personal Data?
If you choose not to submit any Personal Data when requested, you may not be able to participate in certain activities and personalized features, other Site services and special services offered to you may be limited. For example, if you refuse to share your email address, you will not be able to receive any of our newsletters or otherwise register on our Site. However, to simply browse our Site and learn more about Havana Club, you do not need to give us any Personal Data. In any event, we will always inform you of the Personal Data that is necessary in order to benefit from a service.
5. Who do we disclose your Personal Data to and why?
- Within the Pernod Ricard Group
Pernod Ricard may share for the purposes mentioned in Section 3 your Personal Data with its subsidiary companies, that is to say companies in which Pernod Ricard has control through either direct or indirect ownership (collectively “Pernod Ricard Group”).
- With third parties
Pernod Ricard may also share your Personal Data with third parties, but only in the following circumstances:
- For marketing purposes if you gave us your consent. For support purposes: We may use service providers, agents or contractors to provide support for the internal operations of our Site and to assist us with administering them or the various functions, programs and promotions available on it. Any such third party must at all times provide the same levels of security for your Personal Data as Pernod Ricard and, where required, is bound by a legal agreement to keep your Personal Data private, secure and to process it only on the specific instructions of Pernod Ricard;
- For joint and co-sponsored programs and promotional purposes: When we run a joint or co-sponsored program or promotion on our Site with another company, organization, or other reputable third party; and, as part of this event, collect and process Personal Data, we may share your Personal Data with our partner or sponsor, subject to your consent when required. If your Personal Data is being collected by (or is shared with) a company other than Pernod Ricard as part of such promotion, we will let you know this at the time your Personal Data is collected;
- For litigation and safety purposes: We may also disclose your Personal Data if we are required to do so by law, or if in our good faith judgment, such action is reasonably necessary to comply with legal processes, to respond to any claims, or to protect the safety or rights of Pernod Ricard, its customers, or the public;
- In the event of a merger or acquisition of all or part of Pernod Ricard by another company, or in the event that Pernod Ricard were to sell or dispose of all or a part of the Pernod Ricard business, the acquirer would have access to the information maintained by Pernod Ricard business, which could include Personal Data, subject to applicable law. Similarly, Personal Data may be transferred as part of a corporate reorganization, insolvency proceedings, or other similar event, if permitted by and done in accordance with applicable law.
6. Are your Personal Data sent to recipients located in other countries and why?
Pernod Ricard is a global company and your Personal Data may be transferred across international borders. It may be transferred to countries that have different levels of data protection laws than the one existing in the country from where you submitted your Personal Data. Your Personal Data may also be transferred between different companies of the Pernod Ricard Group located in different countries. Pernod Ricard takes appropriate measures to maintain security of the Personal Data both during transit and at the receiving location by implementing contractual clauses as set out by the European Commission, in accordance with applicable law requirements.
Our main service providers for the operation of our Site are based in the European Union and the United States. The transfer of Personal Data to these services providers are implemented in accordance with applicable laws and rely on standard contractual clauses as set out by the European Commission or on the Privacy Shield. Such service providers are also bound by a contract that ensures a high standard of privacy protection and requires (amongst other provisions) that they act only on Pernod Ricard instructions and implements all technical measures necessary on an ongoing basis to keep your Personal Data secure.
7. How long do we keep your Personal Data?
We will store the Personal Data that you send to us via our Site in our databases as long as your account is active, for the duration of the contract with you or as needed to provide you the services you requested or to answer queries or resolve problems, provide improved and new services. We may also retain your Personal Data in accordance with our internal retention procedure as necessary to comply with our legal and regulatory obligations, resolve disputes, enforce our agreements, and for similar records management purposes.
We may therefore retain your Personal Data after you stop using Pernod Ricard services or our Site according to the statute of limitations.
8. How do we secure your Personal Data?
Pernod Ricard takes all necessary technical and organizational measures to protect the confidentiality and security of your Personal Data collected from this Site, including sensitive Personal Data. These efforts include, but are not necessarily limited to: (i) storing your Personal Data in secure operating environments that are not available to the public and that are only accessible to authorized Pernod Ricard Group employees, and our agents and contractors; and, (ii) verifying the identities of registered users before they can access the Personal Data we maintain about them.
9. What are your rights regarding your Personal Data?
You can access your Personal Data as processed by us by contacting Pernod Ricard Privacy Office at HC_contact@havana-club.com.
You can also contact the Privacy Office to express the following choices:
- If your Personal Data has been processed on the basis of your consent, you can withdraw your consent at any time, without impact on lawfulness of processing based on consent before its withdrawal. You can request to access your Personal Data;
- You can request to rectify your Personal Data if it is inaccurate, incomplete or out of date;
- You can request the erasure of your Personal Data (i) if your Personal Data is no longer necessary for the purpose of the data processing, (ii) you have withdrawn your consent on the data processing based exclusively on such consent, (iii) you objected to the data processing, (iv) the Personal Data processing is unlawful, (v) the Personal Data must be erased to comply with a legal obligation applicable to Pernod Ricard. Pernod Ricard will take reasonable steps to inform the other entities of the Pernod Ricard Group of such erasure;
- You can request the restriction of the processing (i) in the event the accuracy of your Personal Data is contested to allow Pernod Ricard to check such accuracy, (ii) if you wish to restrict your Personal Data rather than deleting it despite the fact that the processing is unlawful, (iii) if you wish Pernod Ricard to keep your Personal Data because you need it for your defense in the context of legal claims (iv) if you have objected to the processing but Pernod Ricard conducts verification to check whether it has legitimate grounds for such processing which may override your own rights if the data processing is based on the legitimate interest of Pernod Ricard;
- You can request the portability of the Personal Data you provided to us, if the Personal Data processing is based on your consent or the performance of a contract and is carried out by automated means (ie. excluding paper files).
- You always have the option not to share any of your Personal Data with us. If you choose this option, you may be limited in the activities and features we can provide you.
- You have the right to object to the processing of your Personal Data by us, at any time, for direct marketing purpose, for marketing purpose based on profiling, or if the data processing is based on the legitimate interest of Pernod Ricard (except if we can demonstrate compelling legal grounds for the processing).
10. How we treat Minor’s Personal Data?
11. Do we link to other third-party websites?
Our Site may contain links that will direct you to other websites or services that are operated and controlled by third parties. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. We have no control over these third parties, and your use of their websites and features are subject to their privacy policies as posted on those sites. We are not responsible or liable for the privacy practices or business practices of any third-party website. Therefore, you should exercise caution and review the privacy policies applicable to the external websites you visit before providing your Personal Data.
12. How can you contact us or the relevant Supervisory Authority?
Pernod Ricard SA,
5, cours Paul Ricard
75008 Paris Cedex
or sending an email to: HC_contact@havana-club.com
Last Update: October 30, 2020