Privacy Policy

PURPOSE OF THIS PRIVACY POLICY  

This privacy policy aims to give you information on how WINE OWNERS LIMITED collects and processes your personal data through your use of the Platform, including any data you may provide through this website when you access the Platform, purchase a product or complete any online form, such as signing up to a newsletter, blog, or similar service.

This Platform is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.

We recommend that as applicable this policy be read in conjunction with Our Terms & Conditions to understand any related practices that may apply regarding your personal data and how we will treat it. Please note that as this policy supplements and forms part of the Terms & Conditions, and terms used in the Terms & Conditions may be used in this policy interchangeably.

CONTROLLER  

WINE OWNERS LIMITED is the controller and responsible for your personal data (collectively referred to as “WINE OWNERS”, “We”, “Us” or “Our” in this privacy policy).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our data privacy manager using the details set out below.

Our full CONTACT DETAILS are:

WINE OWNERS LIMITED

Our data privacy manager is Nicholas Martin at:

Email address: nick.martin@wineowners.com

Place of business address: 4th floor, 13-19 Vine Hill, London EC1R 5DW

Telephone number: + 44 (0)20 7278 4377

You can always contact us via: business.wineowners.com/contact

Our registered office is at 39 Berwyn Road Richmond Upon Thames Surrey TW10 5BU.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. We would, however, welcome the opportunity to address your concerns before you approach the ICO so please contact us in the first instance.

You can find the ICO here www.ico.org.uk

Our ICO Data Protection Registration number is PZ3568250.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES  

This version was last updated on 17th May 2018 and historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS  

Our Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Platform, we encourage you to read the privacy notice of every website you visit.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender (and if we ask for it to comply with a legal or regulatory obligation, and you submit it a copy of your passport).
• Contact Data includes billing address, delivery address, email address and mobile and landline telephone numbers.
• Financial Data includes your nominated bank account details, [credit reference details], [payment card details].
• Transaction Data includes storage account, data associated with premium plans, details of trades in respect of wine sold or purchased via the Fine Wine Exchange.
• Technical Data includes internet protocol (IP) address used to connect your device to the internet, your Platform account login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Platform.
• Profile Data includes your username, your password, any personal description, photographs and wine preferences, other preferences and interests, feedback and survey responses.
• Usage Data includes information about how you use our Platform, information about your visit, including full Uniform Resource Locators (URL’s), clickstream to, through and from the Platform (including date and time), wine you viewed or searched for, information downloaded from the Platform, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from a webpage.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We run identity checks from time to time that associate a person’s name with their residence, in order to operate an assured trading exchange and as a precautionary measure in the combat of wine fraud.

We do not collect any Special Categories of Personal Data about you (for example details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA  

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have (or are trying to enter into with you); for example to provide you with the Platform services’ assured processes for trading via the Fine Wine Exchange that are made available to all our members in such a way that provides the best possible protection for all; or the critic reviews information you wish to access. In this case, we may have to cancel a service or trade but we will notify you if this is the case at the time.

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms on the Platform or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you; (i) apply to become a member of the Platform or receive any Platform service (including the Fine Wine Exchange); (ii) create an account on our Platform; (iii) carry out any trading as a member, and provide instructions and communications; (iii) subscribe to our newsletters; (iv) request marketing to be sent to you; (v) enter a competition, promotion or survey; or (vi) give us some feedback or report a problem with the Platform services.
• Automated technologies or interactions. As you interact with our Platform, we may automatically collect Usage Data and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Usage Data or Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as follows:(i) Technical Data and Usage Data from the following parties:

  (a)  analytics providers such as Google Analytics based both within and outside the EU;

  (b)  advertising platforms and networks such as Instagram and Facebook based inside and outside the EU; and

  (c)  search information providers [such as Google based based inside and outside the EU.

  (ii) Identity, Contact, Financial and/ or Transaction Data from such providers of technical, payment and delivery services that We use from time to time, including (but not restricted to): Metrobank (where we will have beneficiary records and payee records), HIFX and Transferwise (international payments processing platforms), EventBrite (if you sign up to an event via that ticket booking service), Xero (cloud-based accounting), Worldpay (online payments processing), wine storage providers such as Octavian, London City Bond, Bordeaux City Bond where you have requested Us to store your wine in your name in an account controlled by Us, delivery companies where you have requested a delivery to a destination account in your name or to a delivery address, and any reviews sites or plug-ins we might integrate from time to time such as Google or Trustpilot.

  (iii) Identity and Contact Data from partners or data brokers or aggregators based inside or outside the EU;

  (iv) Identity and Contact checking Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

AUTOMATED DECISION MAKING

PROFILING

‘Profiling’ means any form of automated processing of personal data consisting of the use of person data to evaluate certain aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s personal preferences, interests, online behaviour, or location”. We will use your personal data for limited profiling as set out in the Table above and in accordance with the further statements in respect of marketing below.

MARKETING  

Our objective is to enable you to make choices around certain personal data uses, particularly around marketing and advertising. You can contact us in relation to these at any time.

This includes our use of Facebook Pixel which is a tracking plug-in which we use on our Platform and which enables us to serve our relevant marketing messages and promotions to you via your Facebook account if you have one and we have agreed with Facebook that we want to do so.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services, offers or products may be relevant for you as wine-related, and we refer to this generally as marketing.

You will receive marketing communications from us if you have requested information from us, or have expressly consented to receive information from us in the course of a transaction made via the Platform services and/or the fine wine exchange, or if you provided us with your details when you registered with the Platform or for a promotion or offer and, in each case, you have not opted out of receiving that marketing.

Third-party Marketing  

We will get your express opt-in consent before we share your personal data with any company outside Us for marketing purposes.

In relation to any such third party companies, we may contact you by e-mail or SMS with information about their wine-related services or products complementary to the Platform services. If you wish us to allow such third party companies to contact you please opt-in via the relevant tick box or button that will be displayed to you when you are contacted by Us.

Although we do not permit third party advertising on the Platform currently, if we were to do so in the future, we may at that time (but not before) share Aggregated Data (as referred to in section 2 above) with advertisers and advertising networks that require such data to select and serve relevant advertisements to users of the Platform services. We do not disclose information about identifiable individuals to advertisers, but the Aggregated Data may for example, consist of informing them that 50 members aged under 50 have clicked on their advertisement on any given day. We may also use such Aggregated Data to help advertisers reach the kind of audience they want to target (for example, wine collectors in Greater London, United Kingdom). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the Platform and checking or unchecking relevant boxes to adjust your marketing preferences by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us for the purposes of managing your membership of the Platform, carrying out any trades in respect of wine, matters relating to wine collection management, or as a result of any service experience or similar transaction.

COOKIES    

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Platform may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

CHANGE OF PURPOSE  

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We may have to share your personal data with the parties set out below for the purposes set out in the table in section 4 above.

Internal third parties:

Other members of the Platform (including the Fine Wine Exchange) where such a member is your counterparty to a trade in circumstances under which we are entitled to cease anonymity in trading pursuant to the Platform Terms and Conditions, but only in respect of your full name, address and Contact Data.

Specific External third parties such as;

1. Salesforce.com

   Salesforce provides us with data management services via a platform and App for contact management and marketing purposes.

   Salesforce is committed and subject to the Principles of the Privacy Shield Framework, which are principles governing the transfer of personal data between the European Union and the United States.  We are listed as a participating company on the Privacy Shield website at: https://www.privacyshield.gov/list.

   Processing may take place in the US or in other countries outside of the EU. Salesforce states that it uses its affiliates and various third party sub-processors to assist it in providing these services and that such sub-processors (whose corporate locations may be in the US) provide; cloud hosting and storage services; content delivery and review services; assistance in providing customer support and in incident tracking, response, diagnosis and resolution services.

2. ESP – Pure360

   ESP – Pure360 provides us with email services via a platform. We use these services to manage our user and prospect database which includes contact and marketing and communications data for example.

3. Cirrus Insight

   Cirrus Insight provides us with email management services via a platform enabling us to contact you with relevant information and marketing and recording each contact in Salesforce.

   Cirrus Insight is committed and subject to the Principles of the Privacy Shield Framework, which are principles governing the transfer of personal data between the European Union and the United States.  We are listed as a participating company on the Privacy Shield website at: https://www.privacyshield.gov/list

   Processing may take place in the US or in other countries outside of the EU. Cirrus Insight states that it may use its affiliates and various third party sub-processors to assist it in providing these services and that such sub-processors (whose corporate locations may be in the US) may provide; cloud hosting and storage services; content delivery and review services; assistance in providing customer support and in incident tracking, response, diagnosis and resolution services.

4. HIFX

   HIFX is an international payments processing platform. We use these services to receive money from overseas users and to send money overseas, such transactions require Us to include Identity, Contact, Financial and Transaction data.

5. Transferwise

   We use these services to receive money from overseas users and to send money overseas, such transactions require Us to include Identity, Contact, Financial and Transaction data.

   Transferwise is based in London but has stated it is moving to continental Europe before March 2019.

   Due to the international nature of payments, processing may take place in the US or in other countries outside of the EU. Transferwise states that it may use its affiliates and various third party sub-processors to assist it in providing these services and that such sub-processors (whose corporate locations may be in the US) may provide; cloud hosting and storage services; content delivery and review services; assistance in providing customer support and in incident tracking, response, diagnosis and resolution services.

6. Metrobank

   Metrobank provides us with banking services. It holds beneficiary records and payee records so we will share with it your Identity, Contact and Financial Data.

   Metrobank is based in the United Kingdom and is regulated by the FCO.

   Processing takes place in the UK.

   Transfer of your personal data to a country outside the EEA that has been deemed to not have adequate standards of data protection will occur only if you instruct us to send payments to your account in another country.

7. Worldpay

   We use Worldpay for online payments processing.

   In common with all other payment services providers, Worldpay stores your debit/credit card data comprised within your Contact, Identity and Financial Data to the extent necessary. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

   Processing may take place in the US or in other countries outside of the EU. Worldpay states that it may use its affiliates and various third party sub-processors to assist it in providing these services and that such sub-processors (whose corporate locations may be in the US) may provide; cloud hosting and storage services; content delivery and review services; assistance in providing customer support and in incident tracking, response, diagnosis and resolution services.

8. Google Inc – Google Analytics

   Google Analytics may obtain Technical, Profile, Usage and referral Data in the course of providing its Platform use analytics services. We use these services to (amongst other things) identify the sources of visits to Wine Owners and conversion to actions such as requesting a download or registering to become a member of the Platform.

   Google Inc is committed and subject to the Principles of the Privacy Shield Framework, which are principles governing the transfer of personal data between the European Union and the United States.  We are listed as a participating company on the Privacy Shield website at: https://www.privacyshield.gov/list.

   Processing may take place in the US or in other countries outside of the EU. Google Inc. states that it may use its affiliates and various third party sub-processors to assist it in providing these services and that such sub-processors (whose corporate locations may be in the US) may provide; cloud hosting and storage services; content delivery and review services; assistance in providing customer support and in incident tracking, response, diagnosis and resolution services..

9. UKFast

   UK Fast provides us with hosting services so we can provide the Platform Services and the Fine Wine Exchange via a secure and robust cloud-based service comprised of a network of servers used exclusively by Wine Owners Limited.

   UK Fast’s servers are located in Manchester, United Kingdom.

10. WordPress 

    We use WordPress to provide us with website authoring and development tools for a business website https://www.wineowners.biz. Your personal data is captured when a download is requested by you or when you request to be contacted or you contact us.

    WordPress is located in Europe and the USA and may process your data outside the EEA including the USA.

11. Xero

    We use the accounting system services of Xero to provide us with accounting services which enable us to issue and receive invoices and purchase orders, send payment reminders, record payments in and out, run Statements, reconcile the bank account with general business trading activity, reconcile accounts, produce a profit and loss account, report sales tax liabilities by period, produce Statutory Accounts.

    Xero will receive your Identity, Contact, Financial and Transaction Data for these purposes.

12. Octavian Limited,, London City Bond, EHD , Bordeaux City Bond.

    Each of these companies provide dedicated wine storage services. We use such storage providers where you have chosen to use our wine storage management services and we store wine in your name and in an account controlled by us. Each of these companies will in such circumstances process your Identity and Contact data as data processors on our behalf.

    Each of these companies is based within the EEA. All indicate that they processes personal data in respect of wine storage accounts within the EEA, although like Us, they may use cloud based service providers for various business services they require; who in turn may depend on various third party sub-processors to assist them in providing these services. Such sub-processors (whose corporate locations may be in the US) may provide; cloud hosting and storage services; content delivery and review services; assistance in providing customer support and in incident tracking, response, diagnosis and resolution services.

    Each of these companies will receive your Identity, Contact, Data along with information on your wine transactions.

    We may work with other wine storage providers within the EEA.

Other external third parties: 

Delivery companies where you have requested a delivery to a destination account in your name or to a delivery address

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services

HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

If we deploy a reviews service, your Identity information may be shared with them, and some processing may take place in the US or in other countries outside of the EU.

Several of our external third parties may have operations outside the European Economic Area (EEA) so their processing of your personal data will, in limited circumstances, involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see – European Commission: Adequacy of the protection of personal data in non-EU countries at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model Contracts for the transfer of personal data to third countries at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en

Please contact us via if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

HOW LONG WILL YOU USE MY PERSONAL DATA FOR? 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our paying customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In respect of members who access the Platform Services for free, we determine a lapsed user to be one who has not accessed their account for more than 1 year. Where there is wine that is still held in an account more than 12 months after last login, We will continue to treat the user as a customer until such time as we are informed by the customer that they no longer wish to access their account and instruct Us to delete their wine information. Where we cannot contact an individual, we will stop sending marketing communications 2 years after their last login or if an email address is no longer valid, and reserve the right to suspend the account at our discretion thereafter.

We will otherwise keep your personal data collected in relation to any specific trade to which you have been a counterparty for a period of ten or more years from the completion of the trade for the purposes of providing historical records in response to, or in defence of, a claim of counterfeit or stolen goods.

In some circumstances you can ask us to delete your data: see section 9 below in respect of requesting erasure for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights include the following types if “request”:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

NO FEE USUALLY REQUIRED 

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU  

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND   

We try to respond to all legitimate requests immediately but in any case within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.