California Resident Privacy Notice

Effective Date: January 1, 2020

This Notice supplements our Privacy Policy here.  The Notice applies to all visitors, users and others who reside in the State of California, whom we refer to in this Notice as “you” or “consumers”.  We have adopted this notice to comply with the California Consumer Privacy Act of 2018, referred to as the “CCPA”.  Any terms used in this Notice but not otherwise defined have the definitions for those terms in the CCPA. (In this Notice, Big Hammer Wines, together with its parents, affiliates, trademarks and brands, including Martellotto Inc., are collectively referred to as "Big Hammer Wines", "we", "us" and the "Company").

INFORMATION WE COLLECT

Our website, www.bighammerwines.com, referred to as our “Website”, collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device, which we refer to as "personal information".  Regarding the following categories, our Website has collected the following categories of personal information from its consumers within the last twelve (12) months as indicated below: 

CATEGORY    

COLLECTED

A. Identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

YES

C. Protected classification characteristics under California or federal law.

NO

D. Commercial information.

YES

E. Biometric information.

NO

F. Internet or other similar network activity.

YES

G. Geolocation data.

YES

H. Sensory data.

NO

I. Professional or employment-related information.

YES

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

NO

K. Inferences drawn from other personal information.

YES

 

Such personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Big Hammer Wines obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website.
  • From third-party business partners such as analytics providers.

USE OF PERSONAL INFORMATION

We may use, or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct mergers, sales or other strategic transactions regarding us, of the types described in the CCPA, in which personal information held by Big Hammer Wines about our Website users is among the assets transferred.

Big Hammer Wines will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

SHARING PERSONAL INFORMATION

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose: 

  • Category A: Identifiers.
  • Category B: California Customer Records personal information categories.
  • Category D: Commercial information.
  • Category F: Internet or other similar network activity.
  • Category G: Geolocation data.
  • Category K: Inferences drawn from other personal information.

In addition to the entities described in the section titled “Use and Disclosure (“Sale”) of Personal Information,” we may disclose your Personal Information to the following categories of other parties for a business purpose or commercial purpose, as those terms are defined in the CCPA:

  • Our affiliates, employees and authorized agents.
  • Service providers for our businesses.
  • Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you.
  • Government regulators or law enforcement, where required.
  • Our legal advisors and other parties when required by law or pursuant to legal process.
  • To any entity involved in the purchase or sale of our businesses.

In order to provide advertisements and content that are more relevant to you, we and our advertising and content providers may collect Personal Information when you use our Sites (such as the IP address of your device, the identifier on your mobile device, or cookies stored on your device), and may share the information we collect with third parties. Please see our “Cookies and Web Beacons” section of our Privacy Policy for more information.

USE AND DISCLOSURE (“SALE”) OF PERSONAL INFORMATION

In the preceding twelve (12) months, we did not “sell” your personal information in exchange for money. However, under the terms of the CCPA, the “sale” of personal information is broad and may also include any transfer to another business or third party for valuable consideration. Under this broad definition, we have shared identifiers (as defined above) with entities that compile personal information about prospective or current Big Hammer Wines customers who reside in California for purposes of updating, verifying or deduplicating personal information, prospecting new potential customers, and improving the types of services and products we offer to you.

In addition, we may collect internet or electronic network activity information (as defined above) from you through cookies on our Website for a variety of purposes, including personalized advertising and facilitating your activity on social media.  And these activities may also fall within the broad definition of “sale” in the CCPA. Please refer to our “Cookies and Web Beacons” section of our Privacy Policy Cookie Policy to further understand your privacy options.

YOUR RIGHTS AND CHOICES

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

ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS

You have the right to request that Big Hammer Wines discloses certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.

 

  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

 

  • sales, identifying the personal information categories that each category of recipient purchased; and

 

  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

DELETION REQUEST RIGHTS

You have the right to request that Big Hammer Wines delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS

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

  • Calling us at 619-567-9244
  • Emailing us at sales@bighammerwines.com

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

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

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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

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

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

RESPONSE TIMING AND FORMAT

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

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

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

PERSONAL INFORMATION SALES OPT-OUT RIGHTS

You have the right to direct us to not sell your personal information at any time, by contacting us at our “Contact Information” below.  We do not sell our wine products to persons under the age of 21.  We do not maintain, to our knowledge, personal information of any consumer who is 16 years of age or less, because we do not sell to persons under the age of 21.  If you have asked to opt-out of the sale of your Personal Information, we will act on your request as soon as reasonably possible and notify third parties, if applicable, as required by the CCPA. We reserve the right to refuse to process an opt-out request based on a reasonable, good-faith, and documented belief that an opt-out request is fraudulent.

NON-DISCRIMINATION

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

  • Deny you goods or services.

 

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

OPT-IN TO FINANCIAL INCENTIVE PROGRAM

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

NOTICE OF FINANCIAL INCENTIVE

We make various offers and financial incentives to our customers. The terms of any such offer or financial incentive will be presented to you at the time you receive our offer. The nature and value of any such offer or financial incentive may differ depending on what information we collect and use about you and whether you choose to enroll in our BHW Real Wine Club or Hobson’s Choice Wine Club. For details about the benefits of enrolment in our BHW Real Wine Club or Hobson’s Choice Wine Club, please see the BHW Real Wine Club and Hobson’s Choice Wine Club Terms & Conditions.

Whether you choose to enroll in our BHW Real Wine Club or Hobson’s Choice Wine Club and whether you choose to allow us to collect and use other types of personal information about you affects how we communicate with you and the types and frequency of offers that you may receive. For example, if we collect no information from you, we will be unable to make any offers to you other than through general advertising. When you enroll in our BHW Real Wine Club or Hobson’s Choice Wine Club or otherwise allow us to continue to collect and use personal information about you, we are able to provide you different, more tailored or customized, and possibly more valuable offers and financial incentives than the ones we may choose to make through our general advertising.

The value of your personal information that allows us to make these offers and financial incentives is the value of the offer itself. We calculate the value of our offers and financial incentives by using the expense related to the offer.

Whether or not you are a member of our BHW Real Wine Club or Hobson’s Choice Wine Club, you may withdraw from receiving any of our offers or financial incentives by contacting us at sales@bighammerwines.com or call 619-567-9244 or by unsubscribing to our email marketing by clicking "Unsubscribe" link in any e-mail from us.  See “Information and Opt-Out Procedure” in our Privacy Policy for more information.

OTHER CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to sales@bighammerwines.com

CHANGES TO OUR PRIVACY NOTICE

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which we collect and use your information as described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 619-567-9244

Email: sales@bighammerwines.com

Postal Address:

Big Hammer Wines
Attn: Privacy Office
12934 Francine Terrace
Poway, CA 92064

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