Privacy

Last Updated: September 17, 2020

Contents:

  1. Intended for Users 21 +
  2. What Information We Collect
  3. How We Collect Information
  4. How We Use Information
  5. How We Share Information
  6. Your Choices
    1. 3rd Party Tools
    2. Do Not Track
    3. Email
    4. Alternative Access & Provisions:
      1. ADA
      2. California Privacy Rights & Supplemental California Privacy Notice
  7. Mobile Devices
  8. Linked Sites
  9. How We Protect Information
  10. United States Only
  11. Changes to This Privacy Policy
  12. Contact Us

Thank you for visiting our website, mobile website, or mobile application (collectively, the “Platform”). This privacy policy (the “Privacy Policy”) is designed to assist you in understanding how we collect, use, and protect any information you may provide to us on the Platforms where it is posted.

Phillips Distilling Company, Inc. and its affiliates (collectively, “Phillips”) have created this Privacy Policy in compliance with applicable laws and in order to demonstrate our firm commitment to privacy. This Privacy Policy describes how Phillips collects, uses, discloses, transfers, stores, retains or otherwise processes your information when you (whether in your individual or business capacity) access or use, in any manner, any content, products, services or related activities (collectively “Services”), including through the Internet domain(s) owned or operated by Phillips, which include but are not limited to:

Our Terms and Conditions, available here, describe the terms and conditions governing your access to and use of the Platform. Your use of the Platform signifies your agreement to be bound by both the Privacy Policy and our Terms and Conditions. If you do not agree to the terms of the Privacy Policy, please do not use the Platform. PHILLIPS is committed to complying with the requirements of the Beverage Alcohol Advertising and Marketing Code provided by DISCUS. For more information, click here. If you are a resident of California, please see the “California Privacy Rights & Supplemental California Privacy Notice” section further below.

INTENDED FOR USERS 21+

The Platform is not directed to, and we do not knowingly collect personal information from, persons under the age of 21. If you are under 21 years of age and have entered this Platform by providing a false date of birth, you must immediately leave this Platform. Under no circumstances may you use this Platform or submit personal information to us if you are under 21 years of age. We are committed to compliance with all applicable regulations, laws, and rules, including those issued by DISCUS, ICAP, and COPPA.

The PHILLIPS NAME (“PHILLIPS”) is strongly committed to protecting your personal privacy. We want you to know how we collect, use, share, and protect information about you. To better protect your privacy, we provide this Privacy Policy (“Policy”) to explain our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect or is submitted to us through:

  • The website at www.phillipsdistilling.com (“The Website”)
  • Websites related to PHILLIPS brands listed here: https://phillipsdistilling.com/#brands-2
  • Social media applications like Facebook, Instagram, LinkedIn, and Twitter (“Social Media”)
  • Email and other electronic messages, except for personal messages sent to our clients.
  • Interactions with advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

This Policy does not apply to information collected by:

  • Us offline or through any other means.
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or Social Media.

All personal information that you provide on the Website or Social Media is voluntary. If you submit personal information, you agree that we may keep a record of that personal information. You also agree that if you choose not to provide all requested information, our ability to process the requested information for the purpose for which you’ve consented may be limited.

We collect several types of information from and about users of the Website and Social Media.

WHAT INFORMATION WE COLLECT

  • We collect contact information. For example, if you sign up for a mailing list, create an account, or enter a promotion, you may be asked to provide your name, mailing address, email, online identifier, username, telephone phone number, and/or date of birth. 
  • We collect information you submit or post. We collect information that you post in a public space on the Platform, submit requests or inquiries to us (e.g., to participate in our loyalty or rewards programs, a service request or product request), or information related to your social media activity (e.g., posts, photos, followers, social media handle). We also collect information when you contact us or when you apply for a job, register for an event, request information, enter a promotion, report a problem with the Website, or otherwise contact us via the Website.
  • We collect identity and demographic information. We may collect information like your name, username or similar identifier, gender and age. We may also collect your zip code.
  • We collect usage information. We may collect information about the browser you are using and how you use your website, products and services. We might look at what site you came from or what site you visit when you leave the Platform. If you are using a mobile app, we may collect location information, including your precise location, if you have enabled location services in your device settings. We may also collect device information, including IP address and device identifiers.
  • We collect certain marketing information and information on interests and preferences. We may collect information on your interests (e.g., music or sports), preferences, and purchases. This includes your preferences in receiving marketing from us and our third parties and your communication preferences. In order to better respond to your specific requests or provide you services, we may associate such other information to Personal Information that you have provided through the Website or Social Media. 

HOW WE COLLECT INFORMATION

We collect information from different sources and across devices. For example:

  • We collect information directly from you. If you choose not to provide the information that we ask for, it is possible that you may not be able to participate in an activity or experience the full functions of the Platform.
  • We collect information from you passively. For instance, we use certain standard web measurement and tracking technologies such as “cookies,” web server logs, web beacons (also known as “action tags” or “one pixel .gif files”), clear GIFs or other statistics programs. We do this on our Platform (including mobile apps) and in emails that we send to you. We collect information about users over time when you use this Platform (including mobile apps). We have third parties collect information this way, as well.
  • We collect information through cookies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. Your browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of such restrictive browser settings may limit your use of the Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website.
  • We collect certain information through third-party platforms. You may access our sites through third-party platforms, such as Facebook. If you use our sites on or through a third-party platform, including via any mobile and/or other Internet connected devices (“Wireless Devices”), or click on third-party links, the collection, use, and disclosure of your information and your use of the sites will also be subject to the privacy policies and other terms of such third parties or third-party platforms. You should review such privacy policies, terms and other agreements. We collect certain information about or relating to you from third parties who directly or indirectly collected the information from you, including identity information such as age, nationality and racial or ethnic origin and social media information such as social media contact, history and account. We use these third-party technologies to track aggregated website behavior, such as what pages you looked at, for how long, and so on. This information is important to us for improving the user experience and determining site effectiveness. We currently use:
  • We and our business partners may combine information. For example, we and our business partners combine information that we have collected offline with information we collect online. We and our business partners may combine information collected across different devices over time.

HOW WE USE INFORMATION

We use your information for the following purposes:

  • to establish that you are of legal age to use our products and services;
  • to improve our products and services and to customize your experience with us;
  • to provide the products and services you request, including any loyalty or rewards programs;
  • to communicate with you about our relationship and respond to inquiries we receive from you or in connection with a transaction you initiate;
  • to analyze, manage and improve the Platform and our products and services, including by analyzing preferences, interests, and purchases;
  • to notify you of special offers and other services that we believe may be of interest to you or to send you current mailings;
  • to provide you with advertisements about goods and services that may be of interest to you;
  • to notify you that you have been selected as a winner of a contest or sweepstakes;
  • to help us protect the Platform and our customers;
  • to help us diagnose problems with our server or other technical issues relating to the performance of the Platform; or
  • for any other purpose as otherwise permitted by law or as stated at the time you provide your information.
  • Note about third-party uses: If you voluntarily disclose personal information (e.g., name, user name, email address, personal photographs) in a community forum, such information may be collected and used by others and may result in unsolicited messages from other parties. We have no control over this type of use of your personal information and are not responsible for that use.

HOW WE SHARE INFORMATION

We may share the information we collect from and about you with third parties:

  • We share information with third parties who provide services on our behalf, such as vendors who send emails or serve advertisements for us, or who operate the Platform or run promotions on our behalf;
  • We share information to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Platform, or anyone else who could be harmed by such activities;
  • We share information to enforce the Terms and Conditions, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Platform;
  • We share information to respond to judicial process and provide information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws;
  • We share information within the PHILLIPS family of brands, which are listed https://phillipsdistilling.com/#brands-2;
  • We share information with our business partners, such as companies that co-sponsor a promotion or;
  • We may prepare reports and other materials for marketing or business planning purposes using other information. Since these reports and materials contain no Personal Information, we may share them with others.
  • We may share information with any successor to all or part of our business or any entity that we acquire (for instance if part of our business is sold, we may give our customer list as part of that transaction);
  • We may share your information with creditors, if required, in the event of our bankruptcy, insolvency, or reorganization; and
  • We may share information for other reasons we disclose to you.
  • We share information to send periodic emails or fulfill any other purpose for which you provide it or for any other purpose for with your consent

YOUR CHOICES ABOUT HOW WE SHARE YOUR INFORMATION

You Can Control Tracking Tools and Third-Party Advertising

We may use third-party companies and/or media partners to serve ads on our Platform and/or on the sites on which we advertise. We and these third-party companies display interest-based advertising using information gathered about you over time across multiple or other platforms. In the course of serving advertisements, these companies may place or recognize a unique cookie on your browser. In addition, we may use web beacons provided by third-party advertising companies to help manage our online advertising. These web beacons enable us to recognize a browser’s cookie when a browser visits this Platform to learn which advertisements bring users to our Platform.

To learn more about these third-party companies, cookies and how to “opt-out” of this type of advertising that is based on your interests or other web-browsing behavior, please go to https://www.aboutads.info/choices/ and https://www.networkadvertising.org/choices. The European based page is https://www.youronlinechoices.com. In Canada, use https://www.youradchoices.ca/choices.

To opt out of having your online behavior collected for behavioral advertising purposes at https://www.aboutads.info/choices. These choices will apply to data collected from other browsers or devices for use on this device for interest-based advertising and other applicable uses. Certain choices you make may be browser-specific and/or device-specific.

Do Not Track Mechanisms

Your browser may deliver a “Do-Not-Track (‘DNT’) signal” to this Website. Because of the changing state of technology and indecision within the technology and marketing industries regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals. Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, so we do not take any action in response to this signal. PHILLIPS does not have a mechanism in place to respond to DNT signals. Instead, in addition to publicly available third-party tools, we offer you the choices described in this Privacy Policy to manage the collection and use of information about you.

Opting Out of Receiving Our Emails

To stop receiving our promotion emails, email us at privacy@phillipsdistilling.com with the subject line “Promotional Emails” or click on the link provided at the bottom of each email communication. Even if you opt out of receiving promotional messages, we will still send you messages about your questions and purchases.

Alternative Access & Provisions

You have the right to request access to, rectification of errors in, or erasure of your Personal Information. You also have the right to object to the processing of your personal data and to receive a copy of your Personal Information in a structured, commonly used, and machine-readable format.

You may send us an email at privacy@phillipsdistilling.com, together with proof of your identity, to request access, correction, cessation, erasure, portability and/or objection to processing of any Personal Information that you provided us. We may not fully accommodate a request if the request would violate applicable law or is not required (in full or in part) under applicable law.

Access Notice in Alternative Formats

Individuals who need assistance accessing the notice in an alternative format can do so by contacting 1-800-249-1971 Monday through Friday, 10am to 4pm CST, or email us at ada-support@phillipsdistilling.com.

California Privacy Rights and Supplemental California Privacy Notice

The California Consumer Privacy Act of 2018 (“CCPA”) requires us to provide additional privacy-related information to residents of California.

CCPA Disclosures The section entitled “What Information We Collect” above lists the categories of personal information we have collected about California residents in the preceding 12 months. These categories of personal information correspond with the following categories of personal information provided under the CCPA:

  • Identifiers including name, postal address, unique personal identifier, online identifier, username, IP address, email address and account name;
  • Information that identifies or is capable of being associated with you, including payment information, social media information, and, if you submit a resume when applying to work for us, information about your employment and employment history;
  • Information about products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
  • Internet or other electronic network activity information;
  • If you submit a resume when applying to work for us with information about your education, such education information;
  • Inferences drawn from any of the information identified above reflecting your preferences and characteristics.

The section entitled “How We Collect Information” above lists the sources from which we collect personal information.

The section entitled “How We Use Information” above lists the business and commercial purposes for which we collect California residents’ personal information. As described above in the section entitled “How We Share Your Information”, we also share and/or disclose your personal information as follows:

  • Sharing your personal information for business purposes: we may share the following categories of your personal information with service providers, third parties, business partners, public or government (including enforcement) authorities, creditors, and successors for our business purposes: identifiers, information capable of being associated with you, information about products and services, internet or other electronic activity information (as described above), information related to job applicants (if submitted), and inferences drawn from information about you. As described above, examples of business purposes include performing transactions, registering accounts, managing our relationship with you, and monitoring for security threats and fraud.
  • Sharing your personal information for commercial or other purposes: we may share the following categories of your personal information with third parties, business partners, and affiliates in a manner that constitutes a “sale” under California law: identifiers, information capable of being associated with you, information about products and services, internet or other electronic activity information (as described above), information related to job applicants (if submitted), and inferences drawn from information about you. This information may be shared for the following purposes: personalization, analytics, marketing, retargeting, and sales.

California Residents’ Privacy Rights

Subject to certain exceptions and qualifications, as a California resident, you have the right to: (i) request access to your personal information; (ii) request deletion of your personal information; (iii) request information about the personal information about you that we have “sold” (as such term is defined under California law) to third parties within the past 12 months; and (iv) opt-out of the “sale” of your personal information, as detailed above.

  • Do Not Sell My Information. To opt-out of the “sale” of your personal information as described in this section, please email us at privacy@phillipsdistilling.com.
  • Exercising other California consumer rights. Should you wish to request the exercise of your other rights as detailed above with regard to your personal information, to the extent required by applicable law, we shall respond to your request to exercise your rights above upon your request submitted via email to privacy@phillipsdistilling.com. We may need to take steps, including to request additional information from you, to verify your identity. Please indicate in your request that you are a California resident making a “California privacy rights” inquiry.

MOBILE DEVICES

Please note, certain practices related to your mobile carrier or applications you may have downloaded from third-parties to your mobile device are outside of our control, for example, tracking by Google, Inc., Apple, Inc., or your third-party telecommunications carrier. PHILLIPS is not responsible for the actions of such third parties. You should always read and understand the policies of any third-party provider, such as Google with respect to Android apps and Apple with respect to iOS apps, and your wireless carrier, before making any purchase or downloading any app.

You Can Control Tools on Your Mobile Devices

For example, you can turn off push notifications from within a mobile app

For mobile apps, you can opt out of PHILLIPS using information about your usage of mobile apps that are targeted to your interests by using your device settings, for most devices. We are not able to directly access the mobile app opt-out on devices that offer it. To learn how to use the mobile app opt out, consult your device instructions. To find information on opting out on mobile devices please visit https://www.networkadvertising.org/mobile-choice.

LINKED SITES

Our Platform may contain links to other websites, including social media sites, which may have privacy policies that differ from our own. We are not responsible for the collection, use or disclosure of information collected through third-party websites and expressly disclaim any liability related to such collection, use or disclosure. We are not responsible for any information or content contained on such sites. Links to other websites are provided solely as a convenience. Your browsing, use and interaction on any other websites, including websites which have a link to the Platform, are subject to that website’s own rules and policies. Please review the privacy policy posted on any website that you may access through, or which links to the Platform.

Please note that if you provide information to us via a social media site or participate in a social media site linked to the Platform, you consent to our use of your information for any reason in accordance with this Privacy Policy as if it were submitted to us directly via the Platform.

HOW WE PROTECT INFORMATION

Security Procedures

PHILLIPS is committed to ensuring the security of your Personal Information through reasonable and appropriate measures to protect it from loss, misuse, and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. PHILLIPS takes reasonable precautions and have implemented reasonable technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of personal information submitted via the Platform or otherwise collected or possessed by PHILLIPS.

However, the Internet is never 100% secure and we do not guarantee the security of any information transmitted over the Internet. Even after we receive your personal information, we cannot guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your Personal Information is completely secure and safe from such risks. For the avoidance of doubt, we expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your information.

NOTICE TO EUROPEAN UNION USERS

United States Only. The Platform is intended only for users in the United States. By using the Platform, you agree and acknowledge that the Platform is hosted in the United States and that data collected through the Platform will be stored and processed in the United States. Please be advised that your use of the Platform is governed by U.S. law, this Privacy Policy, and the Terms and Conditions.

PHILLIPS’s operations are located in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing Personal Information to us, you are consenting to its storage and use as described herein.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be revised from time to time as we add new features and Services, as laws change and as industry privacy and security best practices evolve. We display an effective date on this Privacy Policy at the top of this Privacy Policy so that it will be easier for you to know when there has been a change. If we make any material change to this Privacy Policy regarding use or disclosure of personal information, we will provide notice on our sites. Changes will apply to information collected after the change is effective. Please check this Privacy Policy periodically for changes. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice. Your use of the sites constitutes acceptance of the provisions of this Privacy Policy and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised Privacy Policy, please exit the sites immediately. If you have any questions about this Privacy Policy, the practices of the sites or your dealings with the sites, you can contact us by using the information provided under CONTACT US.

CONTACT US

Please contact Phillips with any questions or concerns regarding this Privacy Policy.

Phillips Distilling Company
500 Washington Ave South, Suite 1000
Minneapolis, MN 55415

You have the right to request access to, rectification of errors in, or erasure of your Personal Information. You also have the right to object to the processing of your personal data and to receive a copy of your Personal Information in a structured, commonly used, and machine-readable format. For individuals in the EU, the United Kingdom, or Switzerland, you may always lodge a complaint with your local data protection supervisory authority.

If you have any questions or comments regarding this Privacy Policy, you may send us an email at privacy@phillipsdistilling.com. You may email us together with proof of your identity, to request access, correction, cessation, erasure, portability and/or objection to processing of any Personal Information that you provided us. We may not fully accommodate a request if the request would violate applicable law or is not required (in full or in part) under applicable law.

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