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Batch CCCXLVIII. Schwarzwald, Friday December 15, 2017 NO. 47
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Privacy & Cookies Policy

Welcome to www.monkey47.com (the "Site"), brought to you by Black Forest Distillers GmbH („BFD”, “We” or “Us”).

Black Forest Distillers Online Privacy Policy

Black Forest Distillers respects your right to privacy when you use our digital media (our websites, our mobile applications, our pages on social networks, any online forms to register to our events, “Digital Media”) and communicate with us. We have therefore developed this Privacy Policy to inform you how Black Forest Distillers GmbH (“Black Forest Distillers”, “we,” or “our”) collects, stores, uses and processes the personal information you provide us through the Digital Media operated by Black Forest Distillers.

The contact details of Black Forest Distillers are:
Black Forest Distillers GmbH, Äußerer Vogelsberg 7, 72290 Lossburg 24-Höfe
Telefon: +49 (0) 7455 94 68 70 Telefax:  +49 (0) 7455 946811
E-Mail: info@monkey47.com
Registergericht: Amtsgericht Stuttgart, Registernummer: HRB 730 817
Umsatzsteueridentifikationsnummer: UST-ID/VAT DE 266 861 121

You can reach Black Forest Distillers’s data protection office here:

Benedikt Groß
Datenschutzbeauftragter Black Forest Distillers

F: +49 (0) 7455 94 68 70
E-Mail: info@monkey47.com

TÜV Rheinland i-sec GmbH
Am Grauen Stein
51105 Köln
http://www.tuv.com/informationssicherheit

Before using our Digital Media, please read carefully this Privacy Policy (including the Black Forest Distillers Cookie Policy, see Article 2). If you do not agree to this Privacy Policy or the Black Forest Distillers Cookies Policy, do not use our Digital Media. We reserve the right to make changes to this Privacy Policy or the Black Forest Distillers Cookies Policy at any time. If you registered for our Newsletter, we will notify you of such changes in this Privacy Policy or the Black Forest Distillers Cookies Policy. Otherwise, you are invited to regularly review this Privacy Policy and the Black Forest Distillers Cookies Policy to make sure you are aware of any changes and how your information may be used.
Black Forest Distillers (and/or its relevant affiliates (see attached list, the “Black Forest Distillers Group”) notably when sharing your personal information in the conditions described in this policy) is/are the Data Controller of any personal information you submit to Black Forest Distillers.

  1. What personal information do we gather about you and how?
    “Personal Information” for the purpose of this Privacy Policy means any information that can be used to personally identify you or contact you online or offline. We may collect first name, last name, gender, title, birthdate, email address, country of residence, country code, address, zip code, city, mobile number, personal telephone, professional telephone, contact type (B2C, B2B, B2E, Shareholders), date of collect of the data, updated date of collect of the data, job title, Twitter id, Facebook id, Instagram id, role (subscriber, applicant, partner), department (for B2B contacts), industry (for B2B contacts), SIRET (for B2B contacts), Company name (for B2B contacts), bar name (for B2B contacts), preferences, personal interests, preferred communication channel, preferred type of communication, the Net Promoter Score, if the contact is part of a luxury program, if the contact is part of a travel retail program, opt-in status, brand for which the contact has opted in, the description of the activity the contact took part in, the source of the data collected.
    Personal information is collected in conformity with this privacy policy, if you wish to participate in many of the features and services offered by our Digital Media, which are currently:

    • Registration or sign-up in our Digital Media (our websites, our mobile applications, our pages on social network, any online forms to register to our events);
    • Send to a friend;
    • Sweepstake and contest;
    • Subscription to a program or newsletter;
    • When doing e-commerce on certain of our websites;
    • Connected products (which correspond to Black Forest Distillers products going into interaction with the end consumer. Data is also collected in this touch point) ;
    • Organization of events (invitation form or online forms on tablets filled out by our hostesses);
    • Trainings;
    • Tastings;
    • Brand Event Experience at Home;
    • Brand Home ;
    • Feedback, enquiry, surveys, questions, or comments through our “Contact Us” form;
    • Any other request that requires the submission of personal information.
      Please note that our services may evolve from time to time. In this case, we will amend this privacy policy accordingly.
      The types and amount of Personal Information collected for the features listed above will vary depending on the activity.
      Subject to applicable law requirements, we may use a variety of technologies that collect and provide information about how our Digital Media is accessed and used by you as well as demographic information about the users of our Digital Media which we may obtain from third parties which are Google, AdForm, Bluekai and social media that you use (“Usage Information”).  Usage Information may consist of the pages you viewed, the time you viewed them, which beverage information or other content you accessed or provide, in what language, demographic information about you (such as your age, gender and interest areas, where available) and what pages you looked at before viewing the current page so that we get a better idea of how our users interact with our brands. Most Usage Information that we collect generally can't be linked to you individually, but if we can link it to you then we treat it as your Personal Information in accordance with this Privacy Policy.
  2. How and why do we use tracking technologies?
    Black Forest Distillers uses tracking technologies, namely cookies, IP Address or Log files, to gather certain information that is browser type and operating system, referring page, path through site, domain of ISP, for the purpose of improving the use and functionality of our websites and to better understand how visitors use our Digital Media and the tools and services offered on it. Tracking technologies help us tailor our Digital Media to your personal needs.

    • We use Cookies to improve the use and functionality of our Digital Media and to better understand how visitors use our Digital Media and the tools and services offered on it. Subject to your consent where required by applicable law, our Digital Media use cookies and similar technologies (“cookies”). Cookies are small files that are placed on your device that serve a number of purposes like letting you navigate between pages efficiently, remembering your preferences, and generally improving your experience. The use of cookies on our Digital Media allows you to enjoy more seamless visits and more accurately measures your behavior on our Site. You can learn more about the cookies we use and how you can disable cookies in the [Black Forest Distillers Cookies Policy - link to be inserted];
    • An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet. We may keep track of Internet Protocol (IP) addresses to: (i) troubleshoot technical concerns, (ii) maintain website safety and security, (iii) restrict access to our Digital Media to certain users, (iv) better understand how our Digital Media are utilized and (v) geographical targeting;
    • We (or a third party on our behalf) may collect information in the form of logs files that record our Digital Media activity and gather statistics about users' browsing habits. These entries are generated anonymously, and help us gather: (i) a user’s browser type and operating system, (ii) information about a user’s session (such as the URL they came from, the date and time they visited our Digital Media, and which pages they've viewed on our Digital Media and for how long), and, (iii) other similar navigational or click-stream data. We also use information captured in log file for our internal marketing and demographic studies, so we can constantly improve and customize the online services we provide you. Log files are used internally only, and are not associated with any particular user.
  3. For what purposes do we use your personal information?
    All information collected is used for the purpose for which you submitted the information to us or as otherwise identified at the collection point or in this Privacy Policy.
    These purposes are the following:

    • to respond to your request of service or performance of a contract
    • When registering or signing-up in our Digital Media to the respond to the service you subscribe: the personal information you provide is used to offer you the benefits and privileges that come along with registration the ability to receive the communications you select at the time of registration or that automatically come with your registration ( subscription to a newsletter, creation of an account, participation in a sweepstake or contest, invitation to or attendance to an event organized by Black Forest Distillers, brand news, personal offers, invitation for special events, sell in);
    • When doing e-commerce on certain of our websites: we use your personal information to manage your order and deliver your products in accordance with the e-commerce contract entered into with Black Forest Distillers;
    • Feedback, questions, or comments through our “Contact Us” form and our “Tell Us” compliance reporting system: if you contact us via an online contact form, your information is used to respond to your inquiry or comment.
    • to allow you to receive marketing information on Black Forest Distillers or its products because you consented to receive it:
    • When you used the Send to a friend feature: personal information requested for a one-time use features (typically, names and email addresses) is used on a one-time basis (to send the communication) and is not further retained by us;
    • When you use a QR Code displayed on Black Forest Distillers products: we use your personal information to send you more information on the products where the QR code was displayed or other products because you consented to receive such information;
    • When you provide personal information requested on the iPads available in Heritage Centers, distilleries, we use it to send you more information on the products;
    • In addition to the purpose for which you submitted your personal information, you may also be given the option (through a check box or otherwise) to have your information used for an activity or service different from the primary activity or service that you are requesting. For example, if you are signing up for a contest or other promotion, you may also be invited to sign up for newsletters or alerts from our Digital Media hosting the promotion or from other websites or Black Forest Distillers products. If you choose to receive these additional services, we will use your information to provide them to you.
    • to better serve you in accordance with Black Forest Distillers’s legitimate interest.
    • we may also use your email address to send you transactional or administrative communications (confirmation email when you sign up for, unsubscribe from, a specific registration or activity, subscription to a newsletter, creation of an account, participation in a sweepstake or contest, invitation to or attendance to an event organized by Black Forest Distillers, brand news, personal offers, invitation for special events, sell in), as well as service-related announcements (notices about updates to our Privacy Notice, discontinued features or programs on our Digital Media, changes to our online services or technical support policies, or other related changes), or promotional communications (subject to your consent, where required by applicable law). Collectively, these types of communications are referred to in this Privacy Policy as “Transactional Communications”.
      To ensure that your personal information remains accurate and up to date and avoid duplication in our database, we may check upon each of your interaction with one of our affiliates whether your Personal Information is still accurate or could be completed or updated with the additional information you might have provided.
      Subject to applicable law requirement, this may include occasionally combining, updating, or otherwise enhancing the Personal Information collected through our Digital Media with data we receive from outside records or third parties. For instance, we may combine purely demographic or survey information (e.g., age, gender, household information, and other interests) not linked to any personal information about you with personal information collected in other cases (such as during account registration).
      We may use your personal, the combined information above mentioned and/or demographic information for our internal marketing and demographic studies and to constantly improve, personalize, and customize the products and services we provide you to better meet your needs, unless if you object to such data processing in accordance with article 9 of this Privacy Policy.
  4. What happens if you do not wish to provide your personal information?
    If you choose not to submit any personal information when requested, you may not be able to participate in certain activities and personalized features and it may happen that our Digital Media limit the services and special offers we can provide you. For example, if you refuse to share your email address, you will not be able to receive any of our newsletters or otherwise register on our Digital Media. However, to simply browse our Digital Media and learn more about Black Forest Distillers and our products, you do not need to actively give us any personal information.

  5. Who do we disclose your personal information to and why?
    Black Forest Distillers will not share your personal information with any third party unless we have specifically informed you or unless explained in this Privacy Policy or the Cookies Policy or if you have given us specific permission to do this.
    Black Forest Distillers may share for the purposes mentioned in Article 3 your Personal Information with the Black Forest Distillers Group notably, in the following circumstance: the information we collect as described in this Privacy Policy may come from the entity to which you provide it but may also be made available, subject to your consent, through such entity to other entities of the Black Forest Distillers Group to provide you with news and promotional information about their products or programs you have shown interest in. If you wish to object to such sharing and use of your information, please address your request as indicated in Article 9 of this Privacy Policy, with your name, client reference and your objection that we share your Information with all or part of the entities of the Black Forest Distillers Group (indicating the list of entities concerned), and to receive marketing information from them.
    Black Forest Distillers may also share your personal information with third parties, but only in the following circumstances:

    • We may use service providers, agents or contractors to provide support for the internal operations of our Digital Media and to assist us with administering them or the various functions, programs and promotions available on it. Any such third party must at all times provide the same levels of security for your personal information as Black Forest Distillers and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Black Forest Distillers;
    • When we run a joint or co-sponsored program or promotion on our Digital Media with another company, organization, or other reputable third party; and, as part of this event, collect and process personal information, we may share your personal information with our partner or sponsor. If your personal information is being collected by (or is shared with) a company other than Black Forest Distillers as part of such promotion, we will let you know this at the time your personal information is collected;
      When running any promotion involving another company, we may provide a separate link to that company's privacy policy and we encourage you to read it before you share any personal information, as we cannot guarantee they adhere to the same privacy practices. If you do not want your information to be collected by or shared with a company other than ours, you can always choose not to opt in or participate in these events at the time the personal information is collected/requested;
    • We may also disclose your personal information if we are required to do so by law, or if in our good faith judgment, such action is reasonably necessary to comply with legal processes, to respond to any claims, or to protect the safety or rights of Black Forest Distillers, its customers, or the public;
    • In the event of a merger or acquisition of all or part of Black Forest Distillers by another company, or in the event that Black Forest Distillers were to sell or dispose of all or a part of the Black Forest Distillers business, the acquirer would have access to the information maintained by that Black Forest Distillers business, which could include personal information, subject to applicable law. Similarly, personal information may be transferred as part of a corporate reorganization, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law;
    • We may share aggregated demographic or survey information with third parties, but this information is in anonymous form. The aggregate information that we share may include anonymous information that is captured through the use of cookies and other similar tracking technology, as explained in Article 2.
  6. Is your personal information sent to recipients located in other countries and why?
    Black Forest Distillers is a global company and your personal information may be transferred across international borders. It may be transferred to countries that have different levels of data protection laws to the country from where you submitted your personal information. Your personal information may also be transferred between different companies of the Black Forest Distillers Group located in different countries. Black Forest Distillers takes the appropriate technical and organizational measures to maintain security of the personal information both during transit and at the receiving location by implementing contractual clauses in accordance with applicable law requirements.
    Our main service providers for the operation of our Digital Media are based in the United States. The transfer to these services providers either relies on contractual clauses as required by applicable laws. They are also bound by a contract that ensures a high standard of privacy protection and requires (amongst other provisions) that they act only on Black Forest Distillers instructions and implements implent all technical measures necessary on an ongoing basis to keep your personal information secure.
    Depending on whether the affiliate of Black Forest Distillers is applying the double opt-in, here is the data process:

    • No Double Opt-In
    • Data is collected at one of the touch points listed in Section 1.
    • The data is directly being sent in the global consumer database for deduplication purposes. The servers of the global consumer database are based in Ireland.
    • Once deduplicated, only opt-in data is sent back to Salesforce Marketing Cloud (SFMC) for activation. The servers of SFMC are location in the USA.
    • With Double Opt-In
    • Data is collected at one of the touch points listed in Section 1.
    • The data is sent to SFMC in order to send the opt-in validation email to the contact.
    • After 2 weeks, there are two possibilities:
    • if the contact has not validated the opt-in in the validation email, then the data is deleted from SFMC.
    • if the contact has validated the opt-in by clicking on a button in the email, the data is sent in the global consumer database for deduplication purposes. The servers of the global consumer database are based in Ireland.
    • Once deduplicated, only opt-in data is sent back to SalesForce Marketing Cloud (SFMC) for activation. The servers of SFMC are location in the USA.
  7. How long do we keep your personal information?
    We may store the personal information that you send to us via our Digital Media in our databases. We retain your personal information for as long as your account is active, as we have a contract with you or as needed to provide you the services requested or to answer queries or resolve problems, provide improved and new services. We may also need to retain your Personal Information for a reasonable period of time and as necessary to comply with our legal and regulatory obligations, resolve disputes, enforce our agreements, and similar records management purposes.
    We may thus retain your personal information for a reasonable period after you stop using Black Forest Distillers services or our Digital Media. Other recipients of your personal information described in Article 5 may retain your data for a longer period where doing so is necessary to fulfil the purpose for which you allowed us to share your personal information with them, or for their own compliance, dispute resolution, enforcement, or record management purposes as provided by applicable law.
    If you request that we no longer use your personal information to provide you services , please contact us as indicated in Article 9. We remind you that you have also a right to have your personal information deleted or corrected at any time in accordance with the same Article 9.

  8. How do we keep your personal information secure?
    Black Forest Distillers takes all necessary technical and organizational measures to protect the confidentiality and security of your Personal Information. These efforts include, but are not necessarily limited to: (i) storing your personal information in secure operating environments that are not available to the public and that are only accessible to authorized Black Forest Distillers employees, and our agents and contractors; and, (ii) verifying the identities of registered users before they can access the personal information we maintain about them.

  9. How you can you exercise your rights regarding the use of your personal information?
    If your personal information has been processed on the basis of your consent, you can withdraw your consent at any time by contacting the Black Forest Distillers Privacy Office (contact details above).
    You can access your personal information as processed by us by contacting the Black Forest Distillers Privacy Office. If you request such access, we will provide you with all the information as required by law on the purposes of the processing, categories of data processed, categories of recipients, data retention term, your rights to rectify, delete or restrict the data accessed if applicable, etc.)
    You can also contact the Black Forest Distillers Privacy Office to express the following choices:

    • You can request to correct your personal information if it is inaccurate, incomplete or out of date.
    • You can request the deletion of your Personal information (i) if your personal information is no longer necessary for the purpose of the data processing, (ii) you have withdrawn your consent on the data processing based exclusively on such consent, (iii) you objected to the data processing, (iv) the personal information processing is unlawful, (v) the personal information must be erased to comply with a legal obligation applicable to Black Forest Distillers. Black Forest Distillers will take reasonable appropriate steps to inform the other entities of the Black Forest Distillers group of such erasure.
    • You can request the restriction of the processing (i) in the event the accuracy of your personal information is contested to allow Black Forest Distillers to check such accuracy, (ii) if you wish to restrict your personal information rather than deleting it despite the fact that the processing is unlawful, (iii) if you wish Black Forest Distillers to keep your personal information because you need it for your defensedefensedefensedefensedefense in the context of legal claims (iv) if you have objected to the processing but Black Forest Distillers conducts verification to check whether it has legitimate grounds for such processing which may override your own rights.
    • If you do not want to receive newsletters, announcements, or other communications and/or services from our Digital Media, please do not opt-in for those communications or services at the time of registration. If you have opted-in and, at a later time, wish to opt-out, please click on the unsubscribe link inserted in our communications.
    • Along with every e-mail communication sent to you, we provide you the opportunity to discontinue receiving future communications (i.e., unsubscribe). Simply follow the unsubscribe process or directions provided in the email.
      Please note that if you participated in a program that involved a third party and, as part of that, you agreed to receive future communications directly from that third party, you will need to contact the third party directly to opt-out from such communications. This process may be outlined in the third party’s privacy policy.
  10. How we treat children's information?
    Our Site is not intended for children under the age of majority (“Minor”), so we do not knowingly collect personal information from Minors. You must be at least eighteen years old to create an account and engage in activities and transactions on our Digital Media. By creating an account or engaging in activities or transactions on our Digital Media, you affirm that you are at least eighteen years old and are fully able to enter into and comply with our Terms of Use and this Privacy Policy and be legally bound thereby. If we are notified or learn that a Minor has submitted personal data to us through our Digital Media, we will delete such personal information.

  11. Do we link to other third party websites?
    Our Digital Media may contain links that will direct you to other websites or services that are operated and controlled by third parties. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. We have no control over these third parties, and your use of their websites and features are subject to their privacy policies posted on those sites. We are not responsible or liable for the privacy practices or business practices of any third-party website. Therefore, you should exercise caution and review the privacy policies applicable to the external websites you visit before providing your personal information.

  12. How can you contact us or the relevant Supervisory Authority?
    If you have any questions, complaints, or comments regarding this Privacy Policy or our information collection practices, please contact us by writing to Black Forest Distillers, or sending an email to: info@monkey47.com

You are informed that you can also lodge a complaint with the Supervisory Authority of the country where you are located if you have any concern about the conditions of processing of your personal information by Black Forest Distillers.

[last updated on November 16, 2017]

Changes to this Privacy Policy

We may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent announcement on our pages. This policy was last amended on May 1, 2017.

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