Privacy Notice

Introduction

Ancestral Spirits, . and its subsidiaries, parent and affiliated companies ("Fincasa"; “Ancestral Spirits”; "we"; "us"; "our") respect your privacy and are always committed to protecting your personal information and privacy in everything we do.

This Privacy Notice sets out how we use your information while operating our business and sets out your legal rights in relation to the information we hold about you. We may use personal data provided to us either by you or third parties for any of the purposes described in this Privacy Notice or as otherwise stated at the point of collection. Please read this Privacy Notice, together with any other privacy notice that we may provide to you.

The terms of this Privacy Policy are effective as of March 31, 2023. We may modify this Privacy Notice from time to time to ensure we remain compliant in line with current regulations and you should check for changes from time to time.

Legal drinking age and data of children

This website is not intended for individuals under the legal drinking age and we perform age checks upon visiting the website (without storing your date of birth). We do not knowingly collect or solicit personal information from anyone under the legal drinking age. If we later learn that an individual under the legal drinking age has provided us with personal information, we will delete that information as quickly as possible. Please do not share or forward this website or its contents to anyone underage. If you believe that a child under the legal drinking age may have provided us personal information, please contact us at info@fincasawhiskey.com

Links to other websites

This Privacy Notice does not cover the links within this site linking to other websites. We encourage you to read the privacy statements on the other websites you visit.

What do we mean by personal data?

Personal data, or sometimes referred to as “personal information,” is any information relating to an identified or identifiable living person and includes all information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. When “you” or “your” are used in this Privacy Notice, we are referring to the relevant individual who is the subject of the personal data.

The information we collect about you

We may collect, process, store and transfer a number of different categories of personal data about you:

  • Identity Data including name, title, date of birth and gender.

  • Contact Data including billing address, delivery address, email address and phone numbers.

  • Financial Data including bank account and payment card details.

  • Transaction Data including details about payments to and from you and records of products and services you have purchased / ordered from us, such as online purchases.

  • Technical Data including cookie information, internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, mobile device IDs and MAID (Mobile Advertising IDs), operating system and platform and other technology used by the devices you use to access this website.

  • Login Data including your user credentials and password for any consumer or support accounts.

  • Usage Data including information about how you use our website, products, digital assets, apps and services.

  • Marketing and Communications Data including your preferences in receiving marketing materials, promotions and/or newsletters from us and your communication preferences, feedback or complaints which you have communicated to us.

  • Photographic and Video Data including photos and video taken at our events, photos or videos you upload on our website or social media sites.

  • User Generated Content including text, pictures, audios, videos, testimonials, tweets, blog posts and reviews posted by you on online platforms such as social media and e-commerce sites.

In addition, other specific types of information may be collected in connection with contests, sweepstakes, promotional offers or other marketing efforts. This could include your dietary preferences.

When do we collect your personal data?

We will mainly collect personal data about you through interactions with you and your use of our website and all other websites within the Ancestral Spirits family and digital platforms, including any information you may provide when you purchase any product or service from us (e.g. distillery tours, merchandise), sign up to our newsletters or take part in any event, competition or promotion organized by us. In addition, this Privacy Notice applies to our use of any information about you which we may collect from you via face-to-face communication, post, phone, email, social media or any other means of communication (including any form of electronic communication). We could also collect your data in person at public surveys, events organized by us and distillery tours. In most cases, you are not under a statutory or contractual obligation to provide the personal data.

We also collect technical data derived from your browsing which includes IP address, login data, browsers, general location data based on your IP address and other technology data on the devices used to access this website. If you want more information about this please check our Cookies Policy.

We may also collect information about you from other entities in our corporate group, our business partners and various other third-party service providers, including but not limited to professional advisers, analytics providers, advertising networks, search information providers, fraud prevention and credit reference agencies and providers of technical, payment and delivery services.

How do we use your personal data?

Your personal data may be used for the following purposes:

To provide you with products and services

This may include:

  • Registering you as a new customer on our website and platforms

  • Processing and fulfilling orders for products, merchandise or services (e.g. distillery tours) in which you have ordered/purchased from us.

  • Managing and processing payments, fees and/or charges and collecting and recovering any sums owed to us.

Our legal grounds for processing your data for these purposes is that this is necessary for the performance of a contract as we need to fulfill our contractual obligations or service level in a manner reasonably expected by you to deliver our products and services when requested by you.

To market and promote our products and services

We may send you direct marketing materials, newsletters, promotions, surveys, invitations to competitions, and provide you with suggestions about products and services that may be of interest to you. You will receive marketing materials from us if you have requested this (e.g. signing up for newsletter); previously purchased products or services from us; or if you have opted to receive marketing materials when registering for a competition, promotion, event or account.

You may choose to take part in competitions or promotions run by us, where your data will be used according to the conditions of the competition or promotion. We could capture photos and videos at events organized by us, and use them to promote our events and products in relation to said event.

You may choose to post user generated content on social media sites (e.g. Facebook, Instagram, Twitter) in relation to our promotions, competitions or products. We may seek your permission for us to share or repost it on our social media accounts for the purpose of promoting our products and services. We will seek to confirm you are over the legal drinking age and have given us your consent to ensure we have the appropriate usage rights and to comply with data privacy principles.

Our legal grounds for processing your data for these purposes are based on our legitimate interest to promote our business, products and services and, in certain cases, your consent to our processing (e.g. for direct marketing activities). You have the right to object to or withdraw your consent at any time to the use of your personal information for marketing purposes by (i) following the opt-out links in any marketing communication, email or newsletter we send you; or (ii) by contacting us by email at info@fincasawhiskey.com.

To deliver interest-based online advertising

Interest-based advertising or “online behavioral advertising” includes ads served to you after you leave our website, which are relevant based on your shopping habits or online activities. Using cookies and technical data, our third party partners and us may display relevant website content and ads to you across multiple websites, devices or other platforms. We may measure and understand their effectiveness using data analytics.

To decide what is relevant to you, we use information you make available to us when you interact with us, our affiliates, and other third parties. We gather this information using the tracking tools described below in Website Tracking Technologies.

Our legal grounds for processing your data for these purposes is based on our legitimate interest to promote our business, products and service and in certain cases your consent. We will obtain your consent for the use of cookies or other local storage where legally required. You have the right to withdraw your consent at any time by managing your cookie preferences using the Preference Centre on the relevant Cookie Policy page of each website.

If you want more information about our use of cookies please check our Cookies Policy.

To improve and develop our business and products

We may aggregate data to conduct benchmarking and data analysis including, for example, measuring the usage of our websites and effectiveness of marketing campaigns. We will analyze non-personally identifiable data to understand how people use the features and functions of our websites to improve the user experience, products and services, and customer relationships.

Our legal grounds for processing your data for these purposes is based on our legitimate interest to manage and develop our business and services.

Consumer support

In response to your requests, we will collect data relating to any question, complaints, feedback or other communication submitted by you.

Our legal grounds for processing your data for these purposes is based on our legitimate interest to provide you with the customer service you would expect and to resolve any issues that may be raised. We are also under legal obligation to respond to any complaints or data privacy requests for consumers located in relevant countries under local regulations.

Website administration

To administer and manage our website, including to confirm and authenticate your identity and prevent unauthorized access to restricted areas of the site, and for troubleshooting and technical support. To ensure that content from our website, social media and other digital channels are presented in the most effective manner for you and your device.

Our legal grounds for processing your data for these purposes is to ensure we can successfully and securely fulfill our contractual obligation with you. It is also in our legitimate interest to ensure our websites operate smoothly and securely.

Enhanced user experience

We use the country in which you may be located (based on your IP address) to inform the countries listed in our age checks upon visiting our websites and to speed up the display of our website. We also use such country information to display our products that may be of interest in your area. We may also collect precise geolocation information from your device with your consent in accordance with applicable law, to locate the retailer nearest to you where you and purchase our products. We do not store any such country or geolocation information.

Our legal grounds for processing your data for these purposes is to promote our business, products and services and in certain cases, as noted above, your consent (i.e., using geolocation from your device).

To comply with law or regulation

In addition, we may need to use certain information with law enforcement agency (e.g. for fraud investigation), to keep a transaction record for financial reporting requirements to meet legal obligations or to keep a record that you are of the legal drinking age.

Website Tracking Technologies

We collect personal information about users over time and across different websites and devices when you use our website, app or service. We also have third parties that collect personal information this way on our behalf. For example, when you visit a website that uses advertising services such as AdSense, or analytics tools such as Google Analytics, or embeds video content from YouTube, your web browser automatically sends certain information to Google. This includes the URL of the page that you’re visiting and your IP address. To do this, we use several common tracking tools which may include browser cookies, web beacons and similar technologies. Please note we might use other tools not explicitly named below that serves the same functions and purpose as the named technologies. You can find the exact list of cookies used on this website in our Cookies Policy.

Google Marketing Platform

We may use Google Marketing Platform suite of tools including Analytics 360, Display & Video 360, Campaign Manager 360, Tag Manager 360 for ad serving, targeting, verification, and reporting. We may utilize Google Marketing Platform to better understand how users engage with our website and services by collecting information such as how often users visit the sites, what pages they visit and what other sites they viewed prior to visiting. We will not and will not assist or permit any third party to, pass information to Google that Google could use or recognize as personally identifiable information. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on their servers.

Google and we use the data collected to track and examine the use of the sites, to prepare reports on its activities and share them with other Google services without identifying individual users. We may use the data collected to deliver personalized ads and create campaigns to reach specific audiences we deem relevant to our offerings across Google’s advertising network. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate the IP address transmitted under Google Analytics by your browser with other data held by Google. Google’s ability to use and share information collected by Google Analytics about your visits to the sites is restricted by the Google Analytics Terms of Use and the Google Privacy Notice.

We use Google Analytics Advertising Features including:

  • Remarketing with Google Analytics

  • Google Display Network Impression Reporting

  • Google Analytics Demographics and Interest Reporting

  • Integrated services that require Google Analytics to collect data for advertising purposes, including the collection of data via advertising cookies and identifiers

We will adhere to the Google Analytics Advertising Features policy and you can find out more about how Google uses data on our websites here.

Facebook Pixel

The Facebook pixel is a code that is placed on some of our websites. It collects data that helps us track conversions from Facebook ads, optimize ads, build targeted audiences for future ads, and remarket to consumers who have performed certain activities on our website, such as visiting a web page or buying a product. It works by placing and triggering cookies to track users as they interact with our website and our Facebook ads.

Identity resolution service & data onboarding

We work with third party data onboarding partners who hold anonymous profiles of consumers that is gathered across devices (including browsers, mobile device, email subscriptions, and offline purchases) into one pool. All of the personal identifying information such as a name, email address, phone number, or street address have been anonymized. We hold data gathered by us or third party from varies sources (e.g. past orders, distillery tour visit, competitions or events) in our consumer database. We may create anonymized or pseudonymized identifiers such as hashed email address, hashed phone number, hashed username, device ID to our data onboarding partners who use identity resolution technology to connect different anonymous identifiers from multiple platforms and devices to deliver advertisements on our behalf and allow us to serve ads that are personalized to users’ interests and to understand how users respond to our ads.

Information collected from third parties

Using the unique IDs provided to them, the third parties would also be able to add any cookies they hold and collected into our database. We can build a target consumer group profile using the additional information such as gender, age, location (country, city, neighborhood), language, things that person likes to read about online, interests, purchasing preferences, cookie IDs, device identifiers and IP addresses etc. We may use the consumer group profile to deliver interest-based online advertising and tailor our marketing campaigns.

Your right to opt-out of online behavioral advertising

Here are some of the ways you can control the information that is shared by your device when you visit or interact with our sites:

  • Many of our websites use Google Analytics to understand how visitors engage with our sites. If you don’t want Analytics to be used in your browser, you can install the Google Analytics browser add-on. Learn more about Google Analytics and privacy.

  • Incognito or private browsing mode allows you to browse the web without recording web pages and files in your browser. Cookies are deleted after you have closed all of your incognito or private windows and tabs.

  • Many browsers allow you to block third-party cookies. You can also clear any existing cookies from within your browser.

  • The Digital Advertising Alliance offers a tool for opting out of the collection of cross-app data on a desktop or mobile device for interest-based advertising. To manage your choices for companies participating in this tool, access the tool via your browser or download the AppChoices app here. Choices you make are both browser and device-specific.

  • Please consult our Cookie Policy for more information about the type of analytical cookies and tracking technologies that we use on the website and why. You also have the option to accept and reject them using our Cookie Preference Center accessible from the Cookie Policy page.

Social Media Plug-Ins

We place various social media buttons on our website in the form of a link. Following are some of the social media buttons used (but not limited to):

  • Facebook

  • Twitter

  • Instagram

  • Pinterest

Please be aware that by visiting a website which integrates social media plugins, certain data (your current IP address, visited sites, the date and time the website etc.) is forwarded to these social media services even if you are not registered with these services.

If you are already logged into the social media service when you click on the social media button, the social media service may also use this data to identify your user name and possibly even your real name. We have no control over the extent, nature and purpose of such data processing by the social media service. Please note that the social media service is perfectly capable of using this data to create pseudonymized and even individualized user profiles.

You can find further information about data protection regarding Facebook, Twitter and Instagram.

How long do we keep your data?

We retain the personal data processed by us for as long as is considered necessary for the purpose for which it was collected, including as required by applicable law or regulation and to satisfy any legal, accounting, or reporting requirements. When the data is no longer necessary for the purpose for which it was collected, we securely delete it or, in some cases, anonymize it.

With whom do we share your data?

We may share your personal information with subsidiaries of Ancestral Spirits, LLC. headquartered at 2405 Barracks Road, Charlottesville, VA 22901, USA where we have a legal basis for doing so.

We may need to share your information with selected third parties that provide services to us or act on our behalf in connection with the operation of our business. We require all third party service providers to respect the privacy and security of your personal information and to treat it in accordance with the law. We do not permit our third party service providers to use your personal information for their own purposes and only permit them to process your information for specified purposes and in accordance with our instructions.

In particular, your information may be disclosed to the following categories of recipients:

  • Professional advisers (e.g. IT, legal and financial advisers) and auditors.

  • IT and system providers; website development and data storage providers; web and data analytic companies.

  • Ecommerce platform and service providers operating and managing our online store on our behalf; card and online payment processing service providers.

  • Digital, mobile and social media marketing agencies; mail and email deployment agencies; tour booking agencies; customer fulfilment agencies; event and competition organizers and photographers.

  • Non-personally identifiable data such as hashed email address, IP addresses, cookie IDs and device IDs may be shared with identity resolution service & data onboarding service providers; online and social media retargeting and remarketing advertisers.

  • Logistics, distribution and delivery service providers; manufacturing plants for personalized products.

  • Fraud prevention and credit reference agencies; litigation and recovery specialists to recover any non-payment or debt owed to us.

  • Building reception and security for distillery tours.

  • Trade associates, business partners and third parties with whom we may enter into negotiations with in respect of a commercial agreement, e.g. joint business venture.

  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.

  • Law enforcement agencies; financial regulators and other relevant regulatory authorities; government bodies; tax authorities; courts tribunals and complaints/dispute resolution bodies in circumstances where we are required to disclose personal information by law.

Although we are not able to provide you with a list of all our services providers in this Privacy Notice, if you would like further information, you may contact us at info@fincasawhiskey.com

Country or State-Specific Privacy Rights

The law in some countries or states may provide you with additional rights regarding our use of personal information. To learn more about any additional rights that may be applicable to you as a resident of one of these countries or states, please see the privacy addendum for your country or state that is attached to this Privacy Notice.

Your GDPR Rights

You may have the additional rights described in the European Union / United Kingdom Privacy Addendum when we collect, process, or store information in the European Union / United Kingdom.

As of January 1, 2020, you may have the additional rights described in the California Addendum if you are a California resident.

Do Not Track disclosure

We adhere to the standards set out in this Privacy Notice and do not monitor or respond to Do Not Track browser requests. We give all visitors control over tracking and analytical cookies using our Cookie Preference Centre, for more information please see our Cookie Policy.

How to contact us

Please get in touch if you have any questions about how we use your information, or if you wish to contact us about your legal rights or if you have any complaints or feedback about our use of your information. Please contact us at any time by sending an email to us at info@fincasawhiskey.com.

 

Ancestral Spirits’ California Privacy Addendum

Effective Date: January 1, 2020

Last Reviewed on: January 1, 2020

This California Privacy Addendum (the “California Addendum”) supplements the information contained in Ancestral Spirits’ Privacy Notice (the “Privacy Notice”) and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this California Addendum to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and, unless defined in this California Addendum or the Privacy Notice, any terms defined in the CCPA have the same meaning when used in this California Addendum. Note that this California Addendum does not apply to our employees or prospective employees. Please contact your local human resources department if you are an employee and would like additional information about how we process your personal information.

Personal Information Collected

Ancestral Spirits collects, and may have collected the following categories of personal information from its consumers within the last twelve (12) months through its websites and through other means as described above in our Privacy Notice:

  • Category A: Identifiers.

  • Category B: Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

  • Category C: Protected classification characteristics under California or federal law.

  • Category D: Commercial information.

  • Category F: Internet or other similar network activity (*limited to Websites).

  • Category G: Geolocation Information

Personal information does not include publicly available information from government records, or deidentified or aggregated consumer information. We obtain the categories of personal information listed above from the categories of sources listed in our Privacy Notice.

Use of Personal Information

We may use, sell, or disclose the personal information we collect for the business or commercial purposes described in our Privacy Notice under “How Do We Use Your Personal Data?” Ancestral Spirits will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

Disclosures of Personal Information for a Business Purpose

Ancestral Spirits may disclose your personal information to a third party for a business or commercial purpose. When we disclose personal information for a business or commercial purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We share your personal information with the categories of third parties described in our Privacy Notice under “With Whom Do We Share Your Data?”

In the preceding twelve (12) months, Ancestral Spirits has disclosed the following categories of personal information for the purposes described in our Privacy Notice:

  • Category A: Identifiers.

  • Category B: Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

  • Category C: Protected classification characteristics under California or federal law.

  • Category D: Commercial information.

  • Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the categories of third parties described in our Privacy Notice under “With Whom Do We Share Your Data?”

Your Rights and Choices

The CCPA provides consumers (California Residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Ancestral Spirits disclose certain information to you about our collection and use of your personal information over the past 12 months.

Deletion Request Rights

You have the right to request that Ancestral Spirits delete any of your personal information that we collected from you and retained, subject to certain exceptions under applicable law. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception under CCPA applies. We may not always be able to comply with your request for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We will provide you with an initial response to your request within ten (10) business days of its receipt, which may include information about how we will process your request and verify your identity. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing.

If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Personal Information Sales Opt-Out and Opt-In Rights

The California State Attorney General may issue guidance on if the use of advertising and analytics cookies on our websites may be considered a “sale” of personal information as the term “sale” is broadly defined in the CCPA. Until such guidance has been issued, we will consider it a “sale” in order to be as transparent as possible with users of our websites and will comply with the restrictions of the “sale” of this information to the extent technologically feasible. In the preceding twelve (12) months, Ancestral Spirits has “sold” the following categories of personal information:

  • Category F: Internet or other similar network activity.

We may sell your personal information to the following categories of third parties:

  • Internet cookie information recipients, such as analytics and behavioral advertising services.

You have the right to direct us to not sell your personal information at any time (the “right to opt-out”).

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting our Websites and clicking on the “Do not sell my personal information” link in the footer. Please note you must do this on each of the respective websites you wish to opt-out from.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, we may not recognize you to comply with your opt-out request if you use a different device to interact with us or if you clear the cookies on your mobile device. You may change your mind and opt back into the sale of your personal information at any time by visiting our website and clicking on the “Do not sell my personal information” link in the footer. Please note you must do this on each of the respective websites you wish to opt-in to.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Contact Information

If you have any questions or comments about this California Addendum, the ways in which Ancestral Spirits collects and uses your information described in this California Addendum or in the Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at info@fincasawhiskey.com.