The Horse's Spirit Company, in its role as Data Controller, respects your right to privacy when you use our digital media (such as our websites, our mobile applications, our pages on the social network, any online forms to register to our events…) and communicate electronically with us.
- What Personal Data do we gather about you and how do we collect it?
- How and why do we use tracking technologies?
- For what purposes do we use your Personal Data and on which legal grounds?
- What happens if you do not wish to provide your Personal Data?
- To whom do we disclose Your Personal Data and why?
- Is your Personal Data sent to recipients located in other countries and why?
- How long do we keep your Personal Data?
- How do we secure your Personal Data?
- What are your rights regarding Personal Data?
- How do we process children’s Personal Data?
- How can you contact us or lodge a complaint to the relevant Supervisory Authority?
1. What Personal Data do we gather about you and how do we collect it?
Personal Data is collected only for the purposes set out in Section 3 below and each time you participate in any of the features or services offered by our Digital Media.
The types and amount of information collected for the above-mentioned features and services may be updated and vary depending on the activities of The Horse's Spirit Company.
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. We may also use demographic information about the users of our Digital Media, which we may obtain from third parties such as Google or 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, including 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, etc.
2. How and why do we use tracking technologies?
The Horse's Spirit Company uses tracking technologies such as cookies, IP Addresses or Log files. Tracking technologies help us tailor our Digital Media to your personal needs.
- 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 (among other things): (i) troubleshoot technical concerns, (ii) maintain website safety and security, (iii) restrict access to our Digital Media to comply with applicable law or contractual restrictions, and, (iv) better understand how our Digital Media is used;
- We (or a third party on our behalf) may collect information in the form of logs files that record activity on the Digital Media and gather statistics about users' browsing habits. These entries are generated anonymously, and help us gather (among other things) (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 purpose do we use your Personal Data and based on which legal grounds?
We collect information about you to:
- Respond to your request of service or for the performance of a contract When you register or sign-up in our Digital Media (mobile app, websites, social media, etc.), your Personal Data is used to provide you with the relevant features and services you subscribe to, and to offer you the benefits and privileges that typically come along with your registration (e.g. receiving the communications you select at the time of registration, being invited to events, participating in a sweepstake, etc.);
- When you purchase products on our websites: we use your Personal Data to manage your order and deliver your products. We can also implement technical solutions to detect fraudulent payment and secure the payment of your purchases on our websites.
- Send you transactional or administrative communications: (e.g. confirmation email when you sign up for, or unsubscribe from, a specific registration or activity), as well as certain service-related announcements (e.g., notices about updates to our privacy notices, discontinued features or programs on our Digital Media, changes to our online services or technical support policies, or other related changes)
- Allow us to send you marketing information when you consent:
• In addition to the purpose for which you submitted your Personal Data, you may also be given the option (through a check box or otherwise) to have your Personal Data 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. If you choose to receive these additional services, we will use your Personal Data to provide them to you.
• When you use the “Send to a friend” feature: this Personal Data is used only once to send the communication and is not further retained by us, as appropriate according to local law;
• When you use a QR Code or equivalent feature displayed on The Horse's Spirit Company products: we use your Personal Data to send you more information on the products where the QR code or equivalent feature is displayed or other products;
- Because it is also The Horse's Spirit Company legitimate interest to better serve you:
• Subject to your consent when required, we may occasionally combine, update, or otherwise enhance the Personal Data 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, etc.) not linked to any Personal Data about you with Personal Data collected through our offers (such as during account registration).
We may use the combined above-mentioned information 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. Some of the tools we use may involve automated individual decision-making subject to applicable law.
• 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 Personal Data is used to respond to your inquiry or comment.
We will ensure that your Personal Data remains accurate and up-to-date and avoid duplication in our database, by verifying each of your interactions with us and/or one of our affiliates to ensure your Personal Data is still accurate or needs to be completed or updated with the additional information you will have provided.
The Horse's Spirit Company may process Personal Data involving automated decision making, including for the performance of a contract (e.g. avoid fraudulent payment) or subject to your explicit consent, to better serve your needs in accordance with your preferences.
Please note that the automated tools used are regularly checked to ensure that the Personal Data is processed fairly. Specific measures such as data minimization are implemented when creating profiles. You are invited to express your point of view through the right of access described above. You can also object the result of the automated decision by sending an email to the contact details in Section 11 below.
4. What happens if you do not wish to provide your Personal Data?
If you choose not to submit any Personal Data when requested, you may not be able to participate in certain activities and personalized features, other Digital Media services and special services offered to you may be limited. For example, if you refuse to share your email address, you will not be able to receive our newsletters or otherwise register on our Digital Media. However, to simply browse our Digital Media and learn more about The Horse's Spirit Company and our products, you do not need to give us any Personal Data. In any event, we will always inform you of the Personal Data that is necessary in order to benefit from a service.
5. To whom do we disclose your Personal Data and why?**
Within The Horse's Spirit Company
With third parties
The Horse's Spirit Company may also share your Personal Data with third parties, but only in the following circumstances:
- For marketing purposes if you gave us your consent.
- For support purposes: 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 shall at all times provide the same levels of security for your Personal Data as The Horse's Spirit Company and, where required, are bound by a legal agreement to keep your Personal Data private, secure and to process it only on the specific instructions of The Horse's Spirit Company;
- For joint and co-sponsored programs and promotional purposes: 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 Data, we may share your Personal Data with our partner or sponsor, subject to your consent when required. If your Personal Data is being collected by (or is shared with) a company other than The Horse's Spirit Company as part of such promotion, we will let you know this at the time your Personal Data is collected;
- For litigation and safety purposes: We may also disclose your Personal Data 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 The Horse's Spirit Company, its customers, or the public;
- In the event of a merger or acquisition of all or part of The Horse's Spirit Company by another company, or in the event that The Horse's Spirit Company were to sell or dispose of all or a part of the The Horse's Spirit Company business, the acquirer would have access to the information maintained by that The Horse's Spirit Company business, which could include Personal Data, subject to applicable law. Similarly, Personal Data 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
6. Is your Personal Data sent to recipients located in other countries and why?
The Horse's Spirit Company is a global company and your Personal Data may be transferred across international borders. It may be transferred to countries that have a different level of data protection laws than the one existing in the country from where you submitted your Personal Data. The Horse's Spirit Company takes the appropriate measures to maintain security of the Personal Data both during transit and at the receiving location by implementing contractual clauses as set out by the European Commission, in accordance with applicable law.
Our main service providers for the operation of our Digital Media are based in the United States. The transfer of personal data to these service providers are implemented in accordance with applicable laws and rely on standard contractual clauses as set out by the European Commission or on the Privacy Shield. Such service providers are also bound by a contract that ensures a high standard of privacy protection and requires (amongst other provisions) that they act only on The Horse's Spirit Company instructions and implements all technical measures necessary on an ongoing basis to keep your Personal Data secure.
7. How long do we keep your Personal Data?
We will store the Personal Data that you sent us via our Digital Media in our databases as long as your account is active, for the duration of the contract with you or as needed to provide you the services you requested or to answer queries or resolve problems, provide improved and new services. We may also retain your Personal Data in accordance with our internal retention procedure as necessary to comply with our legal and regulatory obligations, resolve disputes and enforce our agreements.
We may thus retain your Personal Data after you stop using The Horse's Spirit Company services or our Digital Media according to the statute of limitations.
8. How do we secure your Personal Data?
The Horse's Spirit Company takes all necessary technical and organizational measures to protect the confidentiality and security of your Personal Data collected from this website and/or our applications, including sensitive Personal Data. These efforts include but are not necessarily limited to: (i) storing your Personal Data in secure operating environments that are not available to the public and that are only accessible to authorized The Horse's Spirit Company employees, and our agents and contractors; and, (ii) verifying the identities of registered users before they can access the Personal Data we maintain about them.
9. What are your rights regarding your Personal Data?
- If your Personal Data has been processed on the basis of your consent, you can withdraw your consent at any time, without impact on lawfulness of processing based on consent before its withdrawal.
- You can request to access your Personal Data
- You can request to rectify your Personal Data if it is inaccurate, incomplete or out of date
- You can request the erasure of your Personal Data (i) if your Personal Data 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 Data processing is unlawful, (v) the Personal Data must be erased to comply with a legal obligation applicable to The Horse's Spirit Company.
- You can request the restriction of the processing (i) in the event the accuracy of your Personal Data is contested to allow The Horse's Spirit Company to check such accuracy, (ii) if you wish to restrict your Personal Data rather than deleting it despite the fact that the processing is unlawful, (iii) if you wish The Horse's Spirit Company to keep your Personal Data because you need it for your defense in the context of legal claims (iv) if you have objected to the processing but The Horse's Spirit Company conducts verification to check whether it has legitimate grounds for such processing which may override your own rights if the data processing is based on the legitimate interest of The Horse's Spirit Company.
- You can request the portability of the Personal Data you provided to us, if the Personal Data processing is based on your consent or the performance of a contract and is carried out by automated means (ie. excluding paper files).
- You always have the option not to share any of your Personal Data with us. If you choose this option, you may be limited in the activities and features we can provide you.
- You have the right to object to the processing of your Personal Data by us, at any time, for direct marketing purpose, for marketing purpose based on profiling, or if the data processing is based on the legitimate interest of The Horse's Spirit Company (except if we can demonstrate compelling legal grounds for the processing).
10. How we treat children's Personal Data?
Our Digital Media are not intended for children under the legal drinking age (“Minor”), so we do not knowingly collect personal data from Minors. You must be at least eighteen years old to create an account and engage in activities and transactions on our Digital Media. If we are notified or learn that a Minor has submitted Personal Data to us through our Digital Media, we will delete such Personal Data.
11. How can you contact us or the relevant Supervisory Authority?
The Horse's Spirit Company GmbH
or sending an email to: email@example.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 Data by The Horse's Spirit Company.