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Terms & Conditions - Privacy & Cookie Policy

 

TERMS & CONDITIONS

Last updated 15 January 2018

The website www.newtonvineyard.com (the “Site”) is operated by Newton Vineyard, Inc. (the “Company” or “we”). Any use of this Site by any person (“you” or the “user”) is governed by these of Terms and Conditions (“Terms and Conditions”). The purpose of these Terms and Conditions is to define the conditions of access, navigation and use of the Site.

By accessing and using this Site, you accept without restriction to apply these Terms and Conditions as well as the provisions concerning the protection of personal data (read the Privacy + Cookies Policy).

The Company may revise or update these Terms and Conditions and the Privacy + Cookies Policy at any time and without notice. It is your responsibility to re-read these Terms and Conditions and the Privacy + Cookies Policy on a regular basis.

The Company provides this Site only for users age 21 years and older in their country/region of residence and provided that the consumption and/or purchase of alcoholic beverages is legal.

Navigation on the site

Access to the Site

Necessary hardware and software to access Internet and this Site are under sole liability of the users.

The Company reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Site and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation.

It is forbidden to modify the software or any element of it or to use a modified version of the software, in order to obtain unauthorized access to the Site.

Links

The Site may include links to other web sites or other internet sources. As the Company cannot control these web sites and external sources, the Company cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources. Furthermore, the Company cannot be held responsible for any demonstrated or alleged harm or losses resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these web sites or external sources.

User responsible behaviour

Each user warrants that he / she:

  • Is 21 years of age or older,
  • Will use the Site for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of the Company,
  • Will provide, when relevant, personal data being true, up-to-date and accurate.

When using the Site, users must behave responsibly, lawfully, with courtesy and respectful towards other users, the Company, its subsidiaries, affiliates and third parties.

User must notably refrain from:
  • Uploading, displaying, sending by e-mail or by any other mean any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material
  • Disrupting or interrupting the Site, its servers or networks connected to the Site, or infringing the related requirements, procedures or rules
  • Infringing (including any attempt) the Site functioning, notably by exposing the Site to viruses, creating an overload of consultation of the Site or its servers, sending “spams” or overloading the Site messaging system
  • Consulting privileged or non public information or accessing a server or account for which the user is not expressly granted access to
  • Trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site without the prior written consent of the Company
  • Conducting any illegal activity or any other activity likely to infringe rights of the Company, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging thirds to do so,
  • Uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non authorised commercial or promotional content, junk mails, spasm, chains or any other solicitation,
  • Uploading, displaying, sending by e-mail or by any other mean any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, infringing third parties rights, chocking or disparaging content or the like
  • Sending or forwarding by e-mail or by any other mean any content of the Site to people under the age of 21 years
  • Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet and transmission of technical data

When relevant, the Company reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Site without notice in case of breach of the user’s obligations under these Terms + Conditions, without prejudice to claim damages to such defaulting user.

User generated content (when applicable)

Users are solely liable for any content they may post or upload onto the Site and the consequences of disclosing or broadcasting such content. The Company does not adhere or approve any content, opinion, suggestion or notice generated by users and the Company declines any and all responsibility and liability in respect of any such content.

Users are solely liable for any content they may post or upload onto the Site and the consequences of disclosing or broadcasting such content. The Company does not adhere or approve any content, opinion, suggestion or notice generated by users and the Company declines any and all responsibility and liability in respect of any such content.

However, the Company reserves the right, but not the obligation, to monitor use of the Site and to remove any content which, in its sole discretion, would breach these Terms + Conditions, may be offensive, illegal or otherwise objectionable in any way.

User accepts that the Company may freely and peacefully use, at no cost and without any restriction, any content posted onto the Site.

PROTECTION OF THE SITE CONTENT

The Site and each of its elements (including all text, images, web pages, sound, video, designs, trademarks, logos and other material on or accessible via the Site) as well as any software required to be used in relation to the former, data bases and newsletters (the “Content”), may contain confidential information and information that is protected by intellectual property rights or other legislations. Unless otherwise expressly stated on the Site, the Company exclusively owns all intellectual property rights related to the Content and the Company does not grant any user with any license or other right other than a right to view the Site.

Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any content of the Site or any material (including software) related to the Site.

Personal data

The Company ensures the protection of personal information disclosed by users of the Site.

The Company invites users to consult the Privacy + Cookies Policy which indicates the provisions implemented to guarantee the treatment of personal data. Collection, treatment, use, transmission, keeping and protection of users’ personal information are governed by the Privacy + Cookies Policy.

Responsibility

The Company endeavours to ensure as far as possible, that the information provided on this Site is correct and up-to-date. However, the Company can not guarantee the correctness, accuracy or exhaustiveness of the information provided on the Site.

The Company allows free access to the Site and declines all responsibility and may not be held liable in any case:

  • For any interruption in provision of the Site or services accessible via the Site
  • For the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Site
  • For any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Site,
  • For any damage resulting from a fraudulent intrusion by a third party,
  • And more generally, for any direct or indirect or consequential harm, loss or damage, whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to the Site or any inability to access it or the credit given to any piece of information coming directly or indirectly from the latter.
Governing law and jurisdiction attribution

These Terms + Conditions (and the Privacy + Cookies Policy) are governed by Californian law.

Unless imperative legal provision to the contrary, users and the Company hereby irrevocably submit to the exclusive jurisdiction of the competent courts of California any claim or matter arising under or in connection with the Content or use of the Site, including in case of guarantee, plurality of defendants or summary proceedings.

 

SOCIAL MEDIA TERMS AND CONDITIONS OF USE

Last updated 15 January 2018

Any use of this Medium by any person (“you” or the “user”) is governed by these terms + conditions of use (Terms + Conditions”). The purpose of these Terms + Conditions is to define the conditions of access, navigation and use of the Medium in addition to the terms and conditions of use of the platform featuring the Medium. These Terms + Conditions are without prejudice to the terms and conditions of use of the platform featuring the Medium and are not intended to contravene, replace or supersede such platform’s terms and conditions of use.

By accessing and using this Medium, you accept without restriction to apply these Terms and Conditions as well as the provisions concerning the protection of personal data (read the Personal Data Policy).

Entity may revise or update these Terms and Conditions and the Personal Data Policy at any time and without notice. It is your responsibility to re-read these Terms and Conditions and the Personal Data Policy on a regular basis.

Entity provides this Medium only for persons who have reached the legal age to consume and/or purchase alcoholic beverages (whichever is the higher) in their country/region of residence and provided that the consumption and/or purchase of alcoholic beverages is legal. If no such laws exist in your country/region of residence, you must be over 21 to access the Medium.

This Medium is not intended to be seen in countries with restrictions on advertising on alcoholic beverages.

Moët Hennessy and its Maisons believe that their high-quality products should be enjoyed in moderation, according to the art of tasting.

To consolidate its commitment, Moët Hennessy actively participates in various sectoral organizations promoting responsible consumption.

Access to the Medium

Necessary hardware and software to access Internet and this Medium are under sole liability of the users.

Entity reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Medium and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation.

It is forbidden to do anything in order to obtain unauthorized access to the Medium.

Links

The Medium may include links to other web sites or other internet sources (including any source proposed by the platform featuring the Medium). As Entity cannot control these web sites and external sources, Entity cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources. Furthermore, Entity cannot be held responsible for any demonstrated or alleged harm or losses resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these web sites or external sources.

User responsible behaviour

Each user warrants:

  • To be of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of user’s country/region of residence
  • To use the Medium for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of Entity
  • To provide, when relevant, personal data being true, up-to-date and accurate.

When using the Medium, users must behave responsibly, lawfully, with courtesy and respectful towards other users, Entity, its subsidiaries, affiliates and third parties.

User must notably refrain from:

  • Sending or forwarding by e-mail or by any other mean (including by sharing) any content of the Medium to persons under the legal alcohol drinking and/or purchasing age in their country/region of residence or residing in a country/region of residence restricting or prohibiting the advertising of alcoholic beverages
  • Uploading, displaying, sending by e-mail or by any other mean any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, infringing third parties rights, chocking or disparaging content or the like
  • Uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non authorised commercial or promotional content, junk mails, spams, chains or any other solicitation,
  • Uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non authorised commercial or promotional content, junk mails, spams, chains or any other solicitation,
  • Disrupting or interrupting the Medium, its servers or networks connected to the Medium, or infringing the related requirements, procedures or rules
  • Infringing (including any attempt) the Medium functioning, notably by exposing the Medium to viruses, creating an overload of consultation of the Medium or its servers, sending “spams” or overloading the Medium messaging system
  • Consulting privileged or non public information or accessing a server or account for which the user is not expressly granted access to
  • Trying to assess or test the Medium vulnerability, breaching security or authentication measures of the Medium without the prior written consent of Entity
  • Conducting any illegal activity or any other activity likely to infringe rights of Entity, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging thirds to do so

Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet, transmission of technical data and in respect of platform rules.

Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet, transmission of technical data and in respect of platform rules.

When relevant, Entity reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Medium without notice in case of breach of the user’s obligations under these Terms + Conditions, without prejudice to claim damages to such defaulting user to the fullest extent permitted by law.

User generated content

When relevant, users are solely liable of any content they may post or upload onto the Medium and the consequences of disclosing or broadcasting such content. Entity does not adhere or approve any content, opinion, suggestion or notice generated by users and Entity declines any and all responsibility and liability in respect of any such content.

However, Entity reserves the right, but not the obligation, to monitor use of the Medium and to remove any content which, in its sole discretion, would breach these Terms + Conditions, may be offensive, illegal or otherwise objectionable in any way.

User accepts that Entity may freely and peacefully use, at no cost and without any restriction and time limit, any content posted onto the Medium. This includes the communication of any such content onto the Medium as well as its communication and reproduction on any other mediums of whatever nature for the promotion and advertising of Entity, its products and services.

Protection of the Medium content

The Medium and each of its elements (including all text, images, sound, video, designs, trademarks, logos and other material on or accessible via the Medium) as well as any software required to be used in relation to the Medium (the “Content”), may contain confidential information and information that is protected by intellectual property rights or other legislations. Unless otherwise expressly stated on the Medium, Entity exclusively owns all intellectual property rights related to the Content and Entity does not grant any user with any license or other right other than a right to view the Medium.

The reproduction of the Content (in whole or in part) of the Medium is authorized for the sole purpose of information for a personal and private use. Any reproduction or use or other exploitation of Content for any other purposes (whatever the manner or the kind) is expressly prohibited.

Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any content of the Medium or any material related to the Medium.

Personal data

Entity may not have any control over personal information disclosed by users of the Medium.

Entity invites users to consult the Personal Data Policy which indicates the provisions implemented to guarantee the treatment of personal data by Entity.

Responsibility

Entity allows free access to the Medium and declines all responsibility and may not be held liable in any case:

  • For any interruption in provision of the Medium or services accessible via the Medium, for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Medium
  • For any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Medium
  • For any damage resulting from a fraudulent intrusion by a third party
  • And more generally, for any direct or indirect or consequential harm, loss or damage, whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to the Medium or any inability to access it or the credit given to any piece of information coming directly or indirectly from the Medium.

 

PRIVACY POLICY

Effective Date: January 15, 2018; Last Date Updated: June 26, 2020

Applicability

This Policy describes our information collection and use practices. This Policy does not apply to our practices on sites where it does not appear, including sites of our parent, subsidiaries, and affiliate companies where it is not posted. To review our policy on the collection of employment-related personal information, click here

Information We Collect

We collect information from and about you as described in the following categories:

Contact information. We collect information such as your name and address. This may also include your phone number and email address.

Payment information. We may collect your billing address and payment method information.

Feedback information. This includes any information you voluntarily share with us about your experience with our products or services.

Demographic information. We may collect information like your gender, age, or birthdate. We may also collect your zip code and location.

Employer information. We may collect the name of your employer and job title. We may also collect your work email and work phone number.

Site Usage information. If you use our website, we may collect information about the browser you are using. We may look at what site you came from, or what site you visit when you leave us. We may collect information about how long you stay on the site and the content you view. We may collect IP addresses. We may also collect device identifiers. This might include your operating system..

Business Purposes for Collecting Information

We use information as disclosed and described here.

We use information to communicate with you.We use information to contact you about this Policy or our Terms. We also use information to respond to your questions or comments.

We use information so you can purchase our products and use our services. We use information to process orders. We use information to process your registration with our site and to let you participate in site features. For example, if you make a reservation to visit the winery or schedule an event.

We use information to improve our products and website. We use information to make our website and products better. We may also use information to customize your experience with us. For example, this may include saving your preferences or settings.

We use information for marketing purposes.We use information to send information about new products and special offers or promotions. For example, we might let you know about special events. We might also use your information to serve you ads about products and offers. These might be our own offers or products, or offers or products from our portfolio of brands that we think you might find interesting. We may use information to administer the Wine Club, or run a sweepstakes or contest. We may deliver this information to you through various channels, such as email or on social media platforms.

We use information to protect our company and constituents. We use information to protect our company and customers. We use this same information to identify fraud and secure our websites and systems. We use all information for other purposes as permitted by law.

Methods of Collecting Information

We collect information in a variety of ways.

We collect information directly from you. We collect information when you place an order or register with us. We collect information if you become a member of our Wine Club or enter a promotion or contest. We also collect information if you reach out to us through our sites or sign up for our emails. Information may be collected from you through a questionnaire or survey. We may collect information online, in-person, or at an event.

We collect information passively.We use tracking tools like browser cookies, pixels, and web beacons to collect site information. We do this on our websites and in emails that we send to you. We collect this information about users over time when you use our website. We may have third parties collect information this way.

We get information about you from third parties. For example, our business partners or vendors may give us information about you. Social media platforms may also give us this information.

We Combine Information

We combine information. We may combine information that we have collected offline with information we collect online. We combine information across devices, such as computers and mobile devices. We may also combine information we get from a third party with information we already have.

We Share Information With Others

We share information within the Moet Hennessy family of companies. We share information with our parents, affiliates and subsidiaries. These related entities include set forth at www.lvmh.com/houses/wines-spritis. This includes future related companies.

We share information with vendors who perform services on our behalf. We may share information with companies who serve as our vendors. These vendors may help us develop our website or deliver products and services to you. For example, they may help us run events or our Wine Club.

We share information if we think we have to in order to comply with the law or to protect ourselves. We share information we collect about you to respond to a court order or subpoena. We share information in response to a government agency or investigatory body request. We share information we collect when we investigate potential fraud.

We may share all information with any successor to all or part of our business. If all or part of our business was sold, we may share your information as part of that transaction. If there is a merger or acquisition, we may also share your information. If there is a financing or bankruptcy, we may share your information.

If you participate in a drawing or post a comment in any public areas of our website, you should be aware that the information you provide there (i.e. your name and comment) may be made broadly available to others, and could be used to contact you, send you unsolicited messages, or for purposes neither we nor you have control over. We are not responsible for the personal information or any other information you choose to submit in these forums.

We share information as permitted by law and for other reasons we may describe to you.

Links to Third Party Sites

We may link to third-party sites or apps. For example, Tock. Our sites may also include third party content that collects information. We do not control these third parties. This policy does not apply to the privacy practices of these third party websites or apps. Please read the privacy policies of other websites carefully. We are not responsible for the practices of these third-party sites or apps.

Your Choices and Rights

You have certain choices about how we use your information.

You can opt out of certain marketing. To stop receiving our promotional emails follow the instructions in any promotional message you get from us. If you opt out of getting marketing messages, you will continue to receive messages from us about your relationship with us where permitted by law.

You can control cookies and tracking tools. To learn how to manage how we - and our vendors - use cookies and other tracking tools, and to read our Do Not Track policy, please click here. You can also configure your cookie settings through the link available in the footer of our website.

Rights. Depending on where you live, you may have certain rights related to the information we collect about you. You can send us a request at winery@newtonvineyard.com. We may need more information from you to process your request and to verify your identity. Certain exceptions may apply to your request or you may not be eligible.

Sales of information. Under California law we are required to tell California residents if we sell information as that term is defined by applicable law. Sell means to share personal information with a third party for monetary or other valuable consideration. California residents, we do not do this based on our understanding of that term.

These Sites and Apps are Not Intended For Children

Our sites and apps are meant for adults who are at least 21 years of age. We do not knowingly collect personally identifiable information from children. If you are a parent or legal guardian and think your child has given us information, you can write to us or email us at the addresses provided at the end of this policy. Please mark your inquiries “Parental Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here.

We Use Standard Security Measures

We use standard security measures as required by relevant law. The Internet is not 100% secure. We cannot promise that your use of our sites will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords.

Transfers of Information

Information we collect may be stored both inside and outside the United States. If you live outside of the United States and choose to use this site you understand that it is at your own risk. You also understand that your information will be sent to the United States. The United States may not afford the same level of protection as laws in your own country. We keep personal information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.

Contact Us

If you have any questions about this Policy or our data practices, please email us at winery@newtonvineyard.com or call us at 1-707-204-7423, option 1. You can also write to us at: 2555, Madrona Avenue, 94574, St. Helena CA.

Updates

From time to time we may change our privacy policies. We will notify you of any material changes to our Policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

 

AD AND COOKIE POLICY

Effective Date: June 17, 2020

We Use Tracking Tools

We collect personal information about users over time and across different websites when you use this website. We also have third parties that collect personal information this way. To do this, we use several common tracking tools. These may include browser cookies. We may also use web beacons, flash cookies, and similar technologies. To learn more about what tracking tools are and how they work visit here.

Our vendors or third parties may place and use these tools on our sites. In this policy “we” and “us” refers to Newton Vineyard Inc. It also includes our vendors and third parties who place tools on our sites. This policy applies to the sites on which it appears.

Why We Use Tracking Tools

We may also use tracking tools:

  • To recognize new or past website visitors.
  • To improve our website and to better understand your visits on our platforms.
  • To integrate with third party social media websites.
  • To observe your behaviors and browsing activities over time across multiple websites or other platforms.
  • To better understand the interests of our customers and our website visitors.

How We Gather Information For Interest-Based Advertising

We use information you make available to us when you interact with us, our affiliates, and other third parties to decide what content is relevant to you. We gather this information using the tracking tools described above. For example, we or our partners might look at your purchases or browsing behaviors. We or our partners might also look at your location. We might look at these activities on our platforms or the platforms of others.

We work with third parties who help gather this information. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online. Or, it might include online usage information.

How To Control Certain Tracking Tools

Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. You can be set your browser to reject cookies. To find out more about how to control cookies from your web browser, please visit here. To control flash cookies, which we may use, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.

Our Do Not Track Policy: Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.

Choices you make are both browser and device specific.

How To Control Certain Tracking Tools

The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. To opt out of having your online behavior collected for advertising purposes, click here.

The Digital Advertising Alliance also offers a tool for opting out of the collection of cross-app data on a mobile device for interest-based advertising. To exercise choice for companies participating in this tool, download the AppChoices app.

Choices you make are both browser and device specific.