Privacy Policy

Last Updated: August 26, 2021

1. Scope of this Privacy Policy

We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. This Privacy Policy describes the types of information we collect through www.skurnik.com, www.tastings.skurnik.com, and various related websites, mobile device applications, and services (collectively, the “Site”), and how we collect, use, and share that information. This Privacy Policy does not govern our collection of information through any other website or other means, other than through the Site.

Our processing of personal information, such as your name, address, e-mail address, or telephone number, shall be undertaken consistent with the requirements of applicable privacy laws. The purpose of this Privacy Policy is to provide to users and potential users of our Site information about the nature, scope, and purpose of the personal information we collect, use and process and to advise users of their rights. We have implemented numerous technical and organizational measures to ensure the protection of personal information processed through the Site. However, Internet-based data transmissions may in principle have security gaps, so please understand that absolute protection is not assured.

By using the Site, you accept and expressly agree to our practices surrounding the collection, use, and sharing of personal information (referring to any information that relates to an identified or identifiable individual) and non-personal information (referring to information that does not identify you as a specific individual) provided by you in the manner described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you cannot, and we do not authorize you to, access, browse, or use the Site.

2. Personal Information We Collect

1. Personal Information You Give Us

Except for physical location information and tracking technologies (as described below), you do not have to give us any personal information to browse this Site. However, you may be asked to provide personal information to submit or request information from us, or to use the services offered through this Site. Once you provide us with your personal information, you are no longer anonymous to us. This information may include:

Registration and Account Setup Information. In order to use certain aspects of the Site, you will need to register for an account and submit a username and valid email address. You may also be asked to provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. The username associated with your account (which you may modify in your account settings) may be publicly displayed and connected to your Site activity.

Communications.When you sign up to receive communications and marketing materials from the Site you are also required to provide personal information such as your name and email address.

Additional Information. In addition, you may be asked to provide optional personal information during registration to enhance the Site experience. Additional personal information that you may provide to us includes personal information provided through feedback, pictures you upload, comments, ratings, reviews, messages, emails, event registrations, and/or answers to surveys or questionnaires that you may submit.

Payment Information. If you choose to purchase any of our products or services, you will be required to provide personal information such as your name, email address, address, phone number, and payment information.

2. Information We Collect

Location Information. In order to access and use certain areas or features of the Site, you consent to our collection and use of your personal information about your physical location if you use the Site on a device that has location enabled (including GPS, cellular, and Wi-Fi networks) or from your browser.

Automated Information Collection. In order to access and use certain areas or features of the Site, you consent to our collection and use of certain non-personal information about your use of the Site through the use of tracking technologies or by other passive means. Your consent to our access and use of this “passively collected” personal information includes, but is not limited to, the domain name of the website that allowed you to navigate to the Site, search engines used, the internet protocol (IP) address used, the length of time spent on the Site, the pages you looked at on the Site, other webpages you visited before and after visiting the Site, the type of internet browser you have, the frequency of your visits to the Site, and other relevant statistics, including the following:

Log Information. When you access the Site, you also consent to our servers automatically recording information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, mobile device identifier (i.e., IDFA or Google ID), name of your internet service provider or your mobile carrier, and one or more cookies (small text files containing a string of characters) that may uniquely identify your browser. Our servers also automatically record what you click on while visiting the Site.

Links. The Site may include links in a format that enables us to keep track of the IP addresses from which these links have been followed. You further consent to our collection and use this information to improve the quality of our Site, product(s) and our business operations.

URLs. When you visit or access the Site, you consent to our receipt of the URL of the site from which you came and links you click on to leave the site.

Cookies. When you visit or access the Site, you consent to our use of one or more cookies (small text files containing a string of characters) to your computer that uniquely identifies your browser. We use cookies to improve the quality of the Site by storing user preferences, tracking user trends, and providing personalized content and ads. We use cookies to store an anonymous user’s state/region selection at the top of our website(s). This information is entered by users, and we store this information so that one does not have to re-enter it upon each visit to our site. We use cookies for our Digital Tasting Platform as well; they are used to maintain the logged-in state of users, as well as store and show lists, favorites, and ratings from a tasting. We also have tracking with Google Analytics, and they use cookies in order to provide anonymous data to us. We don’t track how any particular user accesses our trade materials. Most web browsers accept cookies automatically, but can be configured not to do so or to notify the user when a cookie is being sent. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. Please note that if you disable cookies, you may not be able to use some customized features available through the Site.

Web Beacons. Our Site may contain electronic images known as web beacons (also called single-pixel gifs and transparent graphic images) that we use to help deliver cookies on our sites, count users who have visited those sites, deliver services, and analyze the effectiveness of our promotional campaigns, for example. We may also include web beacons in our marketing email messages or newsletters to determine whether an email is opened or if links are clicked. You consent to our use of web beacons to facilitate Site administration and navigation, to track the actions of users of the Site, to compile aggregate statistics about Site usage and response rates, and to provide an enhanced online experience for visitors to the Site.

Aggregate Information. We may compile and use certain personal information collected through the Site on an aggregate basis. However, such aggregate information does not identify you individually.

III. How We Use Your Personal Information

We comply with our obligations under applicable privacy laws by: keeping personal information up to date where needed based on the purposes for which the personal information is being processed; by not collecting or retaining excessive amounts of data; by ensuring that appropriate technical measures are in place that are designed to protect personal information from loss, alteration, misuse, unauthorized access and disclosure as it is transmitted, stored, or otherwise processed, and by using appropriate measures to securely destroy personal information when it is no longer needed.

Personal information collected through the Site may be used by us and our affiliates for purposes of:

• Presenting our Site and its contents to you;
• Responding to your questions and feedback;
• Providing the services you select through this Site;
• Tailoring and delivering targeted advertisements to you;
• Contacting you, whether by email, postal mail, or telephone with information about this Site, our products, or our services;
• Compiling personal information and other information collected through the Site on an aggregate basis; and
• For such purposes as you may authorize at the time you submit the information.

Although the sections above describe our primary purpose in collecting your personal information, in many situations we have more than one purpose. For example, if you complete an online purchase we may collect your personal information to perform our contract with you, but we also collect your personal information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result (and as permitted by applicable law), our collection and processing of your personal information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

IV. How We Use Your -Non-Personal Information.

We may compile non-personal information and de-identify and use personal information collected through the Site on an aggregate basis. This information may include, without limitation, the number of users who have registered for the Site and demographic information about users and usage of the Site. Such aggregate non-personal information does not identify you individually.

Personal information collected through the Site may be used by us and our affiliates for purposes of: Auditing, research, and analysis to maintain, protect, and improve this Site and our services; ensuring the technical functions of our network; improving and customizing the content and layout of the Site; and developing new products and services;

We may sell, rent, loan, transfer, and/or trade such non-personal information to third parties for any of the purposes specified in this Privacy Policy, and for any other lawful purpose. For example, we may sell non-personal information to third party advertising service providers to help facilitate their data marketplace offerings with data buyers. We may also provide our third-party customers in the beverage industry with non-personal information that they use for their own measurement, communications and marketing purposes. For example, certain of our customers use this non-personal information to update their menus, select products to stock in their stores, and communicate available products to their customers.

V. Information We Share

We may share your personal and non-personal information collected through the Site for any lawful purpose, including in the following ways:

In Connection with our Offerings. The Site involves the sharing of certain personal information collected through the Site with (i) other users of the Site, and (ii) as you otherwise provide your consent. Information which you upload, post, e-mail, submit or otherwise transmit in connection with the Site to a public message board, chat area or other public area of the Site will be made public to users of the Site, including certain metadata related to such activities (such as timestamps). You are solely responsible for any such personal information you choose to post on or through the Site. All information that is posted to a message board, chat area, or other public area of the Site may be shared by us with (i) other users of the Site, and (ii) as you otherwise provide your consent. Please be aware that anything you share publicly may be further shared by other users of the Site (for example, by emailing a screenshot of your post to non-users). We are not responsible for any such sharing of information you have shared publicly on the Site.

Subsidiaries and Affiliates. We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.

Service Providers. We work with third parties that provide services on our behalf. Among other things, business partners may help us to administer and host our Site, assist or support our business operations, conduct surveys, provide technical support, conduct research and analysis, provide marketing services, process payments, and assist in the fulfillment of orders.. We may share personal information and non-personal information with these service providers, vendors, sales brokers, and retail partners (and their service providers) for the purpose of enabling them to provide these services.

Partner Promotion. We may offer contests, sweepstakes, or other promotions with third-party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third-party partner, the personal information that you provide may be disclosed to such third-party partners, and their use of your personal information is not governed by this Privacy Policy.

Marketing. We may disclose, sell, rent, loan, transfer, and/or trade your personal information to unaffiliated third parties for any of the purposes specified in this Privacy Policy, including for such third parties to use your personal information for their own marketing purposes, to send marketing solicitations to offer products or services, and to use the personal information for data validation, data enhancement, data information authentication/verification, and/or data suppression services. For example, we may sell personal information to third party advertising service providers to help facilitate their data marketplace offerings with data buyers, and to third party data analytics service providers to help facilitate their data matching offerings with data authentication customers.

Required by Law. We may disclose personal information or any information collected through this Site if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity.

Certain Transactions. We may disclose or transfer personal information or any information collected through this Site to third parties who acquire all or a portion of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

Interest-Based Advertising. We participate in Interest-based advertising. This means that you may see advertising on the Site tailored to how you engage or browse, or you may see advertising for us on other websites, applications and social media based on your behavior across websites, applications and social media. We may target ads based on data we have collected, or data provided by third parties alone or in combination with the data we collect ourselves. If you choose to interact with specific third parties who advertise through the Site, the information you provide to them is subject to the conditions of their specific privacy policies. By using the Site you agree to usage tracking and targeted interest-based advertising. If you do not wish to have cookies track your usage for these purposes, please visit each website’s respective Cookie Policy page for information regarding how to refuse all or some browser cookies, or do not use the Site.

Consent. We may share personal information in accordance with any consent you provide.

VI. Your Choices

1. Information You Provide

You can always choose whether or not to provide personal information on the Site. However, if you choose not to disclose certain personal information, you may not be able to register as a user of the Site, which may limit your access to certain portions of the Site. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services.

2. Privacy Settings

By default, certain types of information you choose to submit will be made public to users of the Site. This includes your account username, profile picture, and any comments or posts you make to public posts or discussion boards. You can control whether other profile and activity information as described in Section II will be shared publicly with all users of the Site, or limited to users that you have friended.

3. Communications From Us

If at any time you decide that you no longer wish to receive notices from us regarding the Site, you may indicate this preference by contacting us at support@skurnik.com

4. Do Not Track

As described above , you can configure your browser not to accept cookies or to notify you when a cookie is being sent.

7. Your California and Nevada Privacy Law Rights

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: https://oag.ca.gov/privacy/ccpa.

If you are a Nevada resident, you may opt-out of the sale of your personal information by contacting support@skurnik.com.

 

VIII. Your Rights and Your Personal Data under the GDPR

Unless subject to an exemption, if your personal data (as defined under the GDPR as any information which are related to an identified or identifiable natural person) is subject to the GDPR, you have the following rights with respect to your personal data:

• The right to request a copy of your personal data which we hold about you;
• The right to request that we correct any personal data if it is found to be inaccurate or out of date;
• The right to request your personal data be erased where it is no longer necessary for us to retain such data;
• The right to withdraw your consent at any time to the processing of personal data to which you provided consent for processing;
• The right to request that we provide you with a copy of your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability);
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction be placed on further processing;
• The right to object to the processing of personal data (where applicable); and
• The right to lodge a complaint with a data supervisory authority.

Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required.

Transfer of Data Abroad. If your personal data is subject to the GDPR, we will transfer personal data from the European Economic Area (EEA) to a location outside the EEA only when there has been a documented adequacy determination, or where we have confirmed adequate privacy protections. If we transfer personal data to a third party acting as our agent, we will also obligate the third party to have adequate privacy protections in place.

We may transfer personal data to and on behalf of clients and third parties with whom we have an existing service agreement or as part of our legal obligations, each of which shall be subject to our policies, and only to the extent necessary for purposes of legitimate interests pursued by the data controller (or by a third party).

Automated Decision Making Under the GDPR, data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. We do not engage in automated decision making.

Further processing. If we wish to use your personal data for a new purpose, not covered by this Privacy Policy, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

 

IX. Information Storage and Security

We employ reasonable security precautions to help protect against the loss, misuse, and alteration of personal information provided on or through the Site. However, no method of transmitting or storing data is completely secure. As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Site. If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with the last section below.

X. External Links

The Site may contain links to various websites that we do not control. When you click on one of these links, you will no longer be transacting business through the Site. Third party websites maintain their own privacy policies, and we do not exercise any control over any of the third-party websites that may be linked to the Site. If you visit a website that is linked to the Site, you should consult that website’s privacy policy before providing any personal information. Please be aware that we are not responsible for the privacy practices of such other websites, and we are not liable for their misuse of personal information about you.

11. No Data Collected From Children/Minors/Those Under Legal Drinking Age

Our Site is not intended for children or individuals under 21 years of age. No one under the age of 21 may not use the Site or submit any personal information to us. If we learn we have collected or received personal information from a child or individual under 21, we will delete that information.

XII Special Admonitions for International Use

The Site is hosted in the United States and intended for use by residents of the United States. All matters relating to the Site are governed exclusively by the laws of the State of New York in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

XIII Updates to this Privacy Policy

We may change or update the Site or any of our policies and procedures without prior notice, except that if any changes are likely to have an adverse impact on your rights under data protection law, we will use reasonable efforts to notify you of the changes in advance in writing or by post mail, and, where required, obtain your consent to our activities. We will post a notice on this Site to advise you of any significant changes to this Privacy Policy and indicate via the “Last Updated” legend in this Privacy Policy when it was most recently updated. Except to the extent that your express consent to any change or update is required under data protection law, your continued use of the Site signifies your continued assent to the terms of this Privacy Policy, as updated or amended at that time.

XIV. Questions Regarding this Privacy Policy

If you have any questions or comments regarding this Privacy Policy, please send us an email at

support@skurnik.com