Privacy Policy
Last Modified January 2023
At Duckhorn Wine Company dba Kosta Browne (“we,” “us,” or “our”), we are committed to protecting your privacy. This Privacy Policy applies when you visit our website, kostabrowne.com and when you interact with us on social media, make a purchase from us, participate in a sales or marketing promotion, subscribe to any of our mailing lists, newsletters, or wine-club programs, request a tasting, or sign up for any of our events.
We refer to these products and services collectively as the “Services.”
Employees and contractors who are California residents receive a supplemental privacy notice that applies to their relationship with Kosta Browne in the context of their employment. In the event of any conflict with this Privacy Policy, the terms of the supplementary employee notice will control.
“Personal Data” means data that reasonably can be used to identify a living person, or that reasonably relates to a living person.
Not Directed To Individuals Under The Legal Drinking Age
Our Site is not intended for people under the legal drinking age of 21. We do not seek or knowingly collect any Personal Data from or about individuals under the age of 21. If we become aware that we have unknowingly collected Personal Data from an individual under the legal drinking age, we will make commercially reasonable efforts to delete such information from our database.
Information We Collect and Use
1. Information You Provide Us
When you use our Services, you may provide us with information about you, including identifiers, such as your name, address, email address, phone number, date of birth, and commercial information such as credit card information and your purchasing or consuming histories. We use this information to process your requests, communicate with you about your orders, administer our wine-club, deliver wine tastings or other events, process an application you submit on our careers page, or otherwise provide our Services. Additionally, we may also use your name and contact information to notify you of changes to our Sites, new wines and releases, special offers, and events we think you will find valuable or of interest. If you do not wish to receive this information via email, you may opt-out by clicking the “Unsubscribe” link at the bottom of the email. Alternatively, you may send an email to [email protected] from the email address you would like removed and include the word “Unsubscribe” in the subject line. Or you may send a postcard to Duckhorn Wine Company, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574.
2. Information We Collect Through Automated Means
When you use our Services, we collect certain internet or other electronic network activity information automatically as described in this section along with identifiers such as IP address. As discussed further below, we and our service providers (which are third-party companies that work on our behalf and include FullStory), may use a variety of technologies, including cookies and similar tools, to assist in collecting this information. We collect information on your use of the Services, such as pages visited, links clicked, non-sensitive text entered, and mouse movements, as well as information such as the referring URL, browser, operating system, and Internet Protocol (“IP”) address. We use publicly available sources to approximate your geographic region and Internet Service Provider based on your IP address. We use the term “Usage Data” to refer to this information about your use of the Site that we collect. Our purpose in collecting Usage Data is to better understand how our visitors use the Site. In addition to Usage Data, we make available to third parties information used for advertising and marketing, as described below under “Advertising and Third-Party Data Collection.”
3. Information We Collect From Our Partners
We perform ongoing demographic data gathering and analysis to complete data profiles and better understand our customers. Our purpose in collecting demographic data and completing customer profiles is to better understand our customers and provide the best experiences, services, and products in our offerings. We collect information that may constitute Personal Data, such as names, email addresses, phone numbers, and addresses.
4. Information We Collect When You Visit One Of Our Properties
When you visit one of our vineyards or other properties, we may collect Personal Data from you including identifiers such as your name and visual information that we collect via security cameras.
5. Sensitive Personal Data
We may collect Personal Data that is considered “sensitive” under various privacy laws, such as payment card or other financial information and account login information such as username and password. In the context of our careers page, we may collect information such as race and ethnicity data that you voluntarily provide, which we use for equal employment purposes. When we collect sensitive personal data, we use such information only for lawful purposes in compliance with applicable privacy laws, such as to perform the Services or provide the goods requested by you, to resist malicious, deceptive, fraudulent, or illegal actions, or for equal employment purposes. We do not use such information to infer characteristics about individuals.
6. Business Purposes
We collect this Personal Data to fulfill contracts, comply with laws, and for our legitimate business interests. Our purposes for collecting, using, and disclosing this information include:
Performing a contract with you or to take steps at your request before entering into a contract
Complying with legal or regulatory obligations or in response to law enforcement requests
Other legitimate interests and business purposes, such as:
For our everyday business purposes – such as to process your transactions, maintain or service your account(s), communicate with you, schedule tastings, offer you discounts through our wine clubs, manage records, respond to court orders and legal investigations, and administer and provide Services to you
For our marketing purposes – to offer our Services to you, to improve and customize our Services for you, and to understand how our Services are used
To operate, maintain, and improve the Sites, for example by conducting analytics
To resist malicious, deceptive, fraudulent, or illegal actions
To enforce our terms and conditions
To protect our rights, privacy, safety, or property, or that of our affiliates, you, or other third parties, including to support and enhance our data security
In some cases, we rely on your consent for processing your Personal Data, but only in those cases where we specifically ask for your consent.
Disclosure Of Your Information To Third Parties
In addition to informing you about our own products and services, from time to time, we may also share your information with select marketing partners who offer products or services that we believe will be of interest to you. Although we do not disclose your Personal Data for money, we may share Personal Data with our marketing partners, who may provide referrals or other benefits to us, and to our data hygiene service provider(s) who update and augment customer data profiles. Our marketing partners may use this information to contact you directly regarding their own offers of interest. The Personal Data we may disclose includes: name, mailing and email addresses, phone number, and demographic data. Such disclosures could be considered “sales” under certain laws, including the California Consumer Privacy Act (“CCPA”), “sharing” for cross-context behavioral advertising, or “targeted advertising” under applicable laws including the CCPA. You may choose to opt-out of having your Personal Data shared with these third-party companies by sending an e-mail to [email protected] with the phrase “Do Not Share” in the subject line. You may also send a postcard to Duckhorn Wine Company, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574, call 1-866-473-7059, or complete this web form. We do not knowingly sell, share, or otherwise disclose Personal Data of minors under 16 years of age to third parties.
Additionally, we may disclose your information to third parties for other business purposes, such as if we conclude that we are required by law or have a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property, or safety of Kosta Browne, its customers, or the public. We may also contract with other companies and individuals to perform certain functions and services, including processing, storing, tracking, and organizing information on our behalf. These service providers may have access to Personal Data to perform their functions but are prohibited from using Personal Data for direct or indirect marketing purposes or for any purpose other than providing services to us. We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or capital, including in connection with any bankruptcy or similar proceedings. The categories of Personal Data we may disclose for a business purpose are described more fully under “Information We Collect and Use.”
Aggregate Information
We may track visits to the pages and links on our Sites so we can make decisions about the design and usage of the Sites. We may choose to share this aggregate and de-identified information on consumer behavior to third parties.
Cookies And Related Technologies
As part of our ongoing efforts to ensure the best possible experience for all users of our Sites, we may use “cookies” and related technologies, such as tags, SDKs, tracking pixels, and other similar technologies to collect the information described in “Information We Collect Through Automated Means.” “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies enable us to provide special features such as storing items in your shopping cart between visits and tailoring products or services offered to you based on past preferences or geographic location. Most Web browsers automatically accept cookies but allow you to turn off cookies as part of the browser options. Even without cookies, you can still use most of the features of our Sites, but you will be unable to place items in your shopping cart or make purchases.
We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze Usage Data through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
Advertising And Third-Party Data Collection
We may enter into relationships with third-party advertising companies to drive traffic to and serve ads on our Sites. These third-party companies may also collect information through the use of their own cookies and other technology (including JavaScript and web beacons) to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features used by these advertisers, and their information practices are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called “ad networks” or “network advertisers”), including information about how to opt-out of their information collection, here.
Opt-Out Preference Signals
Opt-out preference signals are user-enabled controls such as Global Privacy Control (“GPC”) available through some browser settings or plug-ins that allow you to opt-out of certain disclosures of Personal Data, including data sales or sharing for purposes of cross-context behavioral advertising. When you send a GPC signal, we make reasonable efforts to respect your choices including by sending a signal to opt-out of data sales using the IAB Framework. We will continue to monitor for other commonly recognized opt-out preference signals.
In addition to GPC, we have implemented settings to respond to Do Not Track (“DNT”) settings you may implement through your browser in a similar fashion to GPC.
Links to Other Sites
Occasionally we provide links to other websites for your convenience and information. These sites operate independently from our Sites and are not under our control. These sites may have their own privacy notices or terms of use, which you should review if you visit any sites linked through our Sites. We are not responsible for the content or use of these unrelated sites.
Data Subject Rights
Depending on your residency, you may have certain data subject rights. These rights vary by state and country, but they may include the right to: (i) request additional disclosures about the Personal Data we collect, use, disclose, sell, and share; (ii) request access to and correction or erasure of your Personal Data; (iii) restrict or object to the processing of your Personal Data, including by limiting the use of sensitive Personal Data, where applicable; (iv) opt-out of the sale of Personal Data, sharing of Personal Data for purposes of cross-context behavioral advertising, and target advertising; and (v) obtain a copy of your Personal Data in a portable format. Where we rely on consent as the basis for processing Personal Data, individuals have the right to withdraw their consent. You may also have the right to lodge a complaint about the processing of Personal Data with a data protection authority in your jurisdiction.
Kosta Browne will not discriminate against you for exercising any of these rights, for example, by charging a different price or denying goods or services. However, Kosta Browne may charge a different price or rate or provide a different level or quality of goods or services when that difference is reasonably related to the value provided to us by the data.
How to Exercise Data Subject Rights
If you wish to exercise any of these rights, please email [email protected] with the phrase “Data Subject Rights” in the subject line. You may also send a postcard to Duckhorn Wine Company, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574, call 1-866-473-7059, or complete this web form. We will review your requests and respond accordingly. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. Additionally, if we retain your Personal Data only in de-identified form, we will not attempt to re-identify your data in response to a Data Subject Rights request.
If you make a request related to Personal Data about you, you will be required to authenticate your identity as a security precaution. If you have an online account with us, you may satisfy this identification requirement by first logging into that account. Visit the My Account page on the Sites and enter your account using your email address and password. For others, we will follow up all requests with a phone call from the appropriate member of our team to verify your identity, and if your identity is verifiable, we will proceed with processing the request as directed by applicable law. For requests related to particularly sensitive information, we may require additional proof of identification.
If you make a Data Subject Rights request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf.
We will process your request within the time provided by applicable law.
Other California Privacy Rights: Shine the Light
In addition to the rights already described, California law permits customers in California to request certain details about how their information is shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business must either provide this information or permit California customers to opt in to, or opt out of, this type of sharing.
We may from time to time elect to share certain information about you collected by us on the Site with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. If you are a California resident, you may opt out of such future sharing of your personal information (as defined by the California Shine the Light Act) by contacting us at [email protected] with the phrase “Do Not Share” in the subject line. You may also send a postcard Duckhorn Wine Company, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574, call 1-866-473-7059 and leave a message with your request, or complete this web form.
California Notice at Collection
At or before the time of collection, you have a right to receive notice of our practices, including the categories of Personal Data and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared , and how long such information is retained . You can find those details in this Privacy Policy by clicking on the above links
Individuals With Disabilities
If you have a disability and would like to access this privacy policy in a different format, you may contact us at [email protected] with the phrase “Alternative Format Privacy Policy” in the subject line.
Data Retention
We retain Personal Data pursuant to our records retention program, for as long as is necessary for the purposes set out in the Privacy Policy, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights.
The criteria used to determine the period for which Personal Data about you will be stored varies depending on why we process such Personal Data:
Legitimate Business Interests
For a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of the data subjects.
Contractual Necessity
For the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the limitation period for legal claims that could arise from the contractual relationship.
Legal Obligation
For the duration of time we are legally obligated to keep the information.
Consent
For the period of time necessary to fulfill the underlying agreement with you, subject to your right, under certain circumstances, to have certain Personal Data about you erased (see Data Subject Rights).
We may face any threat of legal claim and in that case, we may need to apply a “legal hold” that retains information beyond our typical retention period. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved
Transfers of Information Across Borders
Any information that you provide to us is stored and processed in, and transferred between, any of the countries in which we and our agents, contractors, and affiliated organizations have offices, in order to enable us to use that information as set out in this Privacy Policy. This includes countries such as United States, Canada, and Hong Kong.
Not all of these countries have data protection laws equivalent to those in force in the EEA. In order to ensure the protection of your Personal Data, we have put in place European Commission approved Standard Contractual Clauses between each of our entities.
Updates To This Policy
The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by changing the “Last Modified” date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of this Site following the posting of changes to this Privacy Policy will mean you accept those changes.
Governing Law
This Privacy Policy and our privacy practices will be subject exclusively to the laws of the State of California within the United States of America. We make no representation that this Privacy Policy and such practices comply with the laws of any other country. Visitors who use this Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer and use of your information outside your country.
Contact Us
Any questions you may have regarding our Privacy Policy or any information about our marketing partners should be directed via email to [email protected]. You can also write us at: Duckhorn Wine Company, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574, call the toll-free number 1-866-473-7059 and leave a message with your question(s), or you may complete this web form.
If you have any questions about the security of our website, please feel free to contact us at [email protected].