Moët Hennessy Nederland B.V. | Version 12 November 2018

1. Definitions

For the purpose of this Statement the following definitions apply:

• “Personal Data”: any information relating to an identified or identifiable natural person (“data subject”); an identifiable person is a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• “Processing”: any operation or set of operations which is performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of data.
• “Controller”: a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
• “Processor”: a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
• “Recipient”: a natural or legal person, public authority, agency or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities is in compliance with the applicable data protection rules according to the purposes of the processing.
• “Third party”: a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
• “Customer”: the natural or legal person Moët Hennessy Nederland B.V. has made an offer to or concluded an agreement with.

2. Introduction

This is the Privacy Statement of Moët Hennessy Nederland B.V. (hereinafter: ‘Moët Hennessy’ or ‘we’/’us’/’our’), registered in the Netherlands with the Chamber of Commerce under number 32027920 and whose registered office is at Oude Utrechtseweg 22-24 (3743 KN) in Baarn, the Netherlands.

We are committed to safeguarding the privacy of our customers, suppliers, employees, applicants and website visitors. This Privacy Statement sets out how we will treat your personal data and information. By visiting www.ardbeg.nl (our “Site“), you are accepting and consenting to the practices described in this Privacy Notice.

We treat the Personal Data with the greatest care and, in doing so, comply with the applicable laws and regulations, including the General Data Protection Regulation (GDPR). That means, among other things, that Moët Hennessy:

• Informs you in a comprehensible and transparent way on how and for which purposes Personal Data are processed;
• Processes Personal Data only for well-defined purposes and the processing of data is based on one of the basis referred to in the GDPR;
• Takes appropriate security measures to protect Personal Data from loss or theft;
• Informs you of your rights regarding the Personal Data which are processed by Moët Hennessy.

The above subjects are dealt with in this Privacy Statement. This Statement consists of two parts.

• A. In Part A, we explain how Moët Hennessy deals with Personal Data of visitors of our website.
• B. Part B contains information on cookies and a number of general provisions that show, inter alia, how we protect your Personal Data, your rights and who you can contact with regard to questions about this Privacy Statement.

2.1. Lawful processing

Moët Hennessy ensures that any person acting under the authority/on behalf of Moët Hennessy, to the extent they have access to Personal Data of Customers, shall only process the data by prior order of Moët Hennessy, unless different statutory provisions apply. The data will only be processed by persons that have signed a confidentiality statement.

Moët Hennessy also ensures that it shall only process Personal Data in a lawful way that is not incompatible with the purpose they were received for. The Personal Data must be adequate and relevant with regard to the purposes for which they are processed; and will not be processed excessively in the relation to the purpose they were collected for.

This Privacy Statement is concluded by and managed under the Management Board of Moët Hennessy.

3. Part A

3.1. Data of visitors of the website of Moët Hennessy

We are committed to safeguarding the privacy of our website visitors. By visiting www.ardbeg.nl (our "Site"), you are accepting and consenting to the practices described in this Privacy Statement.

What INFORMATION DO WE COLLECT?

We may collect, store and use the following kinds of Personal Data (non-exhaustive list):

• information that you provide to us when ‘asking for contact’(including your name, telephone number and email address);
• information that you provide to us if you proceed to purchase ogods or services from us; and
• any other information that you send to us or we collect about you (e.g. IP addresses).

When we ask you to supply us with Personal Data we will make it clear where there is a statutory or contractual (mandatory) requirement to provide Personal Data and the consequences of not providing the data (for example, that we will not be able to process your order).

Please note if you are entering details on behalf of others you must bring this Policy to their attention and receive their prior consent.

How do you use my Personal DATA?

We will process and use your Personal Data for the following purposes:

• As required to fulfil a contract with you. If you go on to make a purchase with us, we will use your information to handle your orders, deliver products and services, process payments, communicate with you about your orders and generally to maintain and administer your account with us. You will be provided with more information about our processing of your data at the time that you purchase goods or services from us.
• Where we are required to do so by law. This includes for the purposes of legal claims and compliance with our legal obligations (including disclosure of such information in connection with legal process or litigation).
• Where it is in our legitimate interests to do so and where we have performed balancing tests to ensure that these interests are not overridden by your data protection rights. This includes operations to know your preferences better, serve you with meaningful content, ensure the security and integrity of our website, perform business and product analytics, to keep internal records, to communicate with you when you submit an enquire to us and send you newsletters and information about Moët Hennessy products and services which might be of interest to you (where your consent is not required, and you have not opted out of receiving such communications). You can obtain information on any of our balancing tests by contacting us using the details set out later in this Statement.
• With your consent. This includes situations where you consent to the use of cookies, for example, to gather management information to form statistical and trend analysis. Wherever we rely on your consent, you will always be able to withdraw that consent using the contact details at the end of this Statement or, for cookies, using the op-out mechanisms set out later on in this Statement. Please note that withdrawal of consent will not affect the lawfulness of processing conducted before you withdrew consent and we may have other legal grounds for processing your personal data, such as those set out above.

We may also anonymize and aggregate your information so we can administer and improve our Site.  

DATA RETENTION

Data is retained for a period appropriate to the purposes for which it was collected and is, by default, destroyed at the end of a one (1) year period of inactivity following its collection date unless otherwise provided by law.

Please note however that Personal Data related to subscription of current services (e.g. brand newsletters or other information about Moët Hennessy goods and services) will be deleted one (1) month after you have notified us that you want to unsubscribe to such services.

Please refer to the cookies section of this Statement about expiry of cookies.

Recipients of personal data

In accordance with the law, we may share your Personal Data with:

• Other Moët Hennessy brands or entities (such as for e.g. Moët Hennessy Osterreich GmbH, Moët Hennessy Belux S.A., Moët Hennessy Czech Republic S.R.O., Moët Hennessy Danmark A/S, Moët Hennessy Suomi OY, MHD Moët Hennessy Diageo, Moët Hennessy Deutschland GmbH, Jas Hennessy & Co. Limited, Moët Hennessy Italia S.P.A., Moët Hennessy (Nederland) B.V., Moët Hennessy Norge AS, Moët Hennessy Polska spolka zoo, Moët Hennessy Distribution Rus, Moët Hennessy España SA, Moët Hennessy Sverige AB, Moët Hennessy (Suisse) SA, Moet Hennessy Turkey Saraplar & Alkollu Ickiler TIC LTD STI) to provide joint content and services.
• Law enforcement or governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability.
• The purchaser, or prospective purchaser of any business or asset which we are, or are contemplating selling.
• Third party service providers, who will process it on our behalf for the purposes identified above. In particular, we use third party providers for Site development, Site maintenance and Site analytics.

The website may contain links to other websites for reference purposes only. We are not responsible for the content, privacy notices or practices of third party websites in these circumstances. Please contact them directly for more information.

Data transfers

We may transfer Personal Data to countries outside the European Economic Area ("EEA"), including to countries which have different data protection standards to those which apply in the EEA, such as Turkey, US, Australia, China, Argentina and New Zealand. We have put in place European Commission approved standard contractual clauses to protect this data. You have a right to ask us for a copy of these clauses (by contacting us as set out below).

Are children allowed to use the SITE?

The Site is aimed at individuals over the age of eighteen (18) years of age.  

We do not sell products or services for purchase by children.

All individuals are required to enter their date of birth upon entering the Site.

4. Part B

4.1. How secure is the data that you keep about me?

We will take technical and organizational precautions to prevent the loss, misuse or alteration of your Personal Data. We will store all the Personal Data you provide on our secure (password and firewall protected) servers.
We reserve the rights to refuse access to the Site or remove or edit content at our discretion.

4.2. What about Cookies?

A cookie consists of information sent by a web server to a web browser, which is then stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. Most browsers allow you to refuse to accept cookies.

Cookies – what are they?

A "cookie" is a piece of information, like a tag, that's stored on your computer, tablet or phone when you visit a website. It can help identify your device – like your PC or mobile phone – whenever you visit that website.

They are used by most major websites including this Site. To make the best use of our Site, on whichever device you use, you'll need to make sure your web browser is set to accept cookies.

What are cookies used for?

We may use cookies and some other data stored on your device to:
- give you a better online experience
- allow you to set personal preferences
- protect your security
- measure and improve our service

So what information is kept by the cookie?

A cookie will typically hold:
- the name of the website that it has come from
- how long the cookie will stay on your device (e.g. computer or phone)
- a value – usually a randomly generated unique number

The Cookies We Set

We use the following categories of cookies on our Site:

Category 1: Strictly Necessary Cookies
These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services you have asked for such as remembering your product selection cannot be provided.

Category 2: Performance Cookies
These cookies collect anonymous information on how people use our Site. For example, we use Google Analytics cookies to help us understand how customers arrive at our Site, browse or use our Site and highlight areas where we can improve such as navigation, shopping experience and marketing campaigns. The data stored by these cookies never shows personal details from which your individual identity can be established. For more information on Google Analytics cookies, please refer to the official Google Analytics page www.google.com/policies/privacy/partners/. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

Category 3: Functionality Cookies
These cookies remember choices you make such as items you place in your basket, the country you visit our Site from, language and search parameters such as size, colour or product line. These can then be used to provide you with an experience more appropriate to your selection and to make the visits more tailored and pleasant. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.

Other ways we make our online service easier to use include using cookies that:
- make the page load quickly by sharing the workload across computers.
- make sure our pages are optimised for your browser or device by giving us technical information about the device or browser you are using.

How long do cookies stay on my computer

Session cookies – these only last until you close your browser. They are not stored on your hard drive. They are usually used to track the pages that you visit so that information can be customized for you for that visit.

Persistent cookies – these are stored on your hard drive until you delete them or they reach their expiry date. These may, for example, be used to remember your preferences when you use the Site.

We will not store cookies information for longer than 2 years.

What can I do to manage cookies stored on my computer or phone

You can accept or refuse cookies. Accepting cookies is usually the best way to make sure you get the best from a website. Most PCs automatically accept them but you can change your browser settings to restrict, block or delete cookies if you want.

Each browser is different, so check the 'Help' menu of your particular browser (or your mobile phone's handset manual) to learn how to change your cookie preferences. Many browsers have universal privacy settings for you to choose from. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org. Information about how to change your cookies settings on major browsers is as follows:

• Chrome
  • Open Chrome
  • At the top right, click More (3 dots icon) and then Settings
  • At the bottom, click Advanced
  • Under ‘Privacy and security’ click ‘Content Settings’
  • Click ‘Cookies’
  • Under ‘See all cookies and site data’, search for the website’s name
  • To the right of the site click ‘Remove’ (trash bin icon)
• Microsoft Explorer
  • Open Internet Explorer
  • Click on the Tools button in the top right hand corner
  • Select Internet Options
  • Find Browsing History
  • Click on Settings
  • Click View Files
  • The folder contains all stored cookies (all files beginning with ‘cookie’). These can then be individually deleted
• Mozilla Firefox
  • Open Firefox
  • Click the menu button (3 bars icon) and choose Options
  • Select the Privacy & Security panel and go to the Cookies and Site Data section
  • Click the Manage Data… button. The Manage cookies and site data dialog will appear
  • Search for the website’s name
  • To remove items, select an entry and click Remove Selected
  • Click Save Changes

What happens if I don't accept cookies?

If you decline cookies, some aspects of the Site may not work on your computer or mobile phone and you may not be able to access areas you want on the website. For this reason we recommend that you accept cookies.

4.3. Amendments

We may update this Privacy Statement from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

We may also notify you of changes to our Privacy Statement by email.

4.4. Your rights

You may request a copy and details of your personal information, to correct it, erase it or to transfer it to other organizations at your request. You also have rights to restrict and object to some processing and, where we have asked for your consent to process your data, to withdraw this consent.

In particular, you have rights to object to direct marketing at any time. Where we process your data because we have a legitimate interest in doing, you also have a right to object to this. These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your data.

Please note that your rights may be limited, for example if fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. Relevant exemptions are included in both the GDPR and the Data Protection Act 2018. We will inform you of relevant exemptions we rely upon when responding to any request you make.

Please contact us at privacy-netherlands@moethennessy.com or write to us at Moët Hennessy Nederland, Oude Utrechtseweg 22-24 (3743 KN) in Baarn, the Netherlands if you would like us to exercise any of your rights or would like to obtain other information, such as a copy of a legitimate interests balancing test. You can also unsubscribe from our emailing list at any time using the ‘unsubscribe’ link in our emails, or by accessing your account.

We hope that we can satisfy queries you may have about the way we process your data. However, if you have unresolved concerns you also have the right to complain to data protection authorities (in the Netherlands this is the Autoriteit Persoonsgegevens) and the right to seek a judicial remedy.

4.5. Updating Information about myself

Please let us know if the Personal Data, which we hold about you, needs to be corrected or updated by contacting Moët Hennessy at the address below.

4.6. Controller of Personal data & questions

The data controller responsible for our Site is Moët Hennessy Nederland B.V..
Should you have any questions about this Privacy Statement or our treatment of your Personal data, please write to us by email: privacy-netherlands@moethennessy.com or by post to us at: Oude Utrechtseweg 22-24 (3743 KN) in Baarn, the Netherlands.

Moët Hennessy's Group Data Protection Officer

• Post: 43-47 Avenue de la Grande Armée – 75116 PARIS - France
• Email: contactdpo@moethennessy.com

This Privacy Statement shall take effect as of the 18th of April 2018. The Privacy Statement can be consulted and downloaded for free via our website: www.ardbeg.nl  

This Privacy Statement was last updated in November 2018.