Privacy Notice

Version Date - June 25, 2018


Cloudy Bay Vineyards Limited, New Zealand Company No. 271895 (the “Company” or “we”) is bound by the Information Privacy Principles set out in the Privacy Act 1993 (the “Act”).

This Privacy Notice applies to any personal information the Company collects from you, including via the website (www.cloudybay.co.nz) (the “Site”). The Company will only collect, use or disclose such personal information in accordance with the Act and this Privacy Notice.

In this Privacy Notice, “personal information” has the meaning set out in the Act.  Essentially, personal information is information about an identifiable individual.

1. Identity and contact details of the data controller

The website www.cloudybay.co.nz (the “Site”) is operated by Cloudy Bay Vineyards Limited, a New Zealander company with capital of 2,000,100 NZD, having its Registered Office at Level Jacksons Road, Woodbourne, Marlborough, 7273 PO Box 376, New Zealand, registered under N° 271895 (“Cloudy Bay” or “we”) in its capacity of data controller for the purposes of applicable data protection laws and regulations, including the Privacy Act 1993.

2. Data processed, legal basis and purposes of the processing

Depending on the services provided by the Site and used by you, on your choices and configuration of your terminal (with respect in particular to cookies, tracers and similar tracking technologies), personal data concerning you (your “Data”) collected and processed by Cloudy Bay mainly includes: your last name, first name, e-mail address, date of birth, postal address, location of residence, telephone number, your preferences and interests, your connection logs (e.g. IP address), and your nationality when required by specific regulations, as well as the information that you may disclose when you contact Cloudy Bay.  This Data shall be collected with your express consent.

Your Data shall be collected in order:

  • to reply to your questions, complaints or orders of documents, products or services sent via the “Contact us” or similar forms;
  • book visits;
  • subject to your consent: to send you information about our offers, news and events (newsletters, invitations and other publications) as well as offers, news and events related to other entities of the Moët Hennessy group either by e-mail, SMS, MMS, telephone or post;
  • to understand your preferences better;
  • to make statistics;
  • to prevent fraud

The Data that is mandatory for Cloudy Bay to fulfill the purposes that are described above is marked with an asterisk on the various pages of the Site. Should you not fill in these mandatory fields, Cloudy Bay may not be able to take care of your demands and/or to provide you the requested services.  Other Data is purely optional and allow us to know you better and to improve our communications and services accordingly.

3. Recipients of the Data

Your Data shall be processed by Cloudy Bay. It shall not be transferred or made accessible to any third party apart from (i) possible subcontractors of Cloudy Bay (providers of hosting and maintenance services of the Site, etc.), for purely technical and logistical reasons, and (ii) in case of a reorganisation of our Maison, including total or partial transfer of assets, merger, takeover, de-merger, and in general any reorganisation operation.

Subject to your consent, your Data may also be shared with other entities of the Moët Hennessy Group worldwide, for the purpose of sending you information about their offers, news and events. Click here to have access to the list of the entities of the Moët Hennessy group.

Finally, Cloudy Bay may disclose your Data to third parties if such disclosure is required by law, by a regulatory provision or by a court ruling, or if this disclosure is necessary to ensure the protection and defense of its rights.

4.Transfers of Data abroad

The recipients of your Data may be located abroad, including outside the European Economic Area. Any transfer of your Data outside the European Economic Area shall only take place subject to appropriate safeguards being in place, such as contractual safeguards, in keeping with applicable data protection laws and regulations.

5.Your rights

In accordance with applicable data protection laws and regulations, you have a right to request access to, rectification or erasure of your Data, or restriction of processing, and to object to said processing, as well as the right to data portability to the extent applicable, subject to any overriding legitimate grounds that Cloudy Bay might invoke to retain your Data.

Moreover, you may request at any time that we stop sending you information about our offers, news and events by using the hypertext link earmarked for that purpose in each e-mail that we send you.

You may also give us specific instructions regarding your Data after your death.

These rights may be exercised at any time by sending a letter or an e-mail to the following addresses:

Cloudy Bay Vineyards Limited- Level Jacksons Road, Woodbourne, Malborough, 7273 PO Box 376
info@cloudybay.co.nz

6. Retention period of your Data

The Data that is collected and processed under the “Contact us” and/or or similar section shall only be kept throughout the duration of the processing of your request. It shall be deleted thereafter.

The Data that is used for the purpose of sending you information concerning the offers, news and events of Cloudy Bay or Moët Hennessy Cloudy Bay s shall be kept for a period of one (1) year as of the date on which it was collected or as of your last contact with Cloudy Bay or any such other entity of the Moët Hennessy group. Upon expiry of this timescale, Cloudy Bay or any such other entity of the Moët Hennessy group may get in touch with you to find out whether you wish to continue to receive information about Moët Hennessy Cloudy Bay s offers, news and events. Your Data shall be destroyed within a maximum of 30 days following any request on your part to unsubscribe.

Finally, the connection logs that are collected, subject to your consent, using the cookies, tracers and other similar tracking technologies implemented on our Site, shall be kept in accordance with applicable laws and regulations for an unlimited period of time . For more details, see our cookies section below.

7. Cookies

7.1. COOKIES WHAT ARE THEY?

A "cookie" is a piece of information, like a tag, that is stored on your computer, tablet or phone when you visit a website. It can help identify your device – like your PC or mobile phone – whenever you visit that website.

Cookies are used by most major websites, including Cloudy Bay’s. To make the best use of the Site, on whichever device you use, you'll need to make sure your web browser is set to accept cookies.

7.2. WHAT ARE COOKIES USED FOR?

We use cookies and some other data stored on your device to:

  • give you a better online experience;
  • allow you to set personal preferences;
  • protect your security;
  • measure and improve our service, and;
  • work with partners and measure marketing.

7.3. SO WHAT INFORMATION IS KEPT BY THE COOKIE?

A cookie will typically hold:

  • the name of the website that it has come from;
  • how long the cookie will stay on your device, and;
  • a value – usually a randomly generated unique number

7.4. THE COOKIES WE SET?

We use the following categories of cookies on the Site:

  • Category 1: Strictly Necessary Cookies

These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services you have asked for such as remembering your login details cannot be provided.

  • Category 2: Performance Cookies

These cookies collect anonymous information on how people use the Site. For example, we use Google Analytics cookies to help us understand how customers arrive at the Site, browse or use the Site and to highlight areas where we can improve, such as navigation and marketing campaigns. The data stored by these cookies never records personal details from which your individual identity can be established.

  • Category 3: Functionality Cookies

These cookies remember choices you make such as the location you visit the Site from, language preferences, and search parameters such as size, colour or product line. These can then be used to provide you with an experience more appropriate to your selections and to make your visits more personalised and pleasant. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.

  • Category 4: Targeting Cookies or Advertising Cookies

These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third party advertising networks. They remember the websites you visit and that information is shared with other parties such as advertisers. For example, we use third party companies to provide you with more personalised adverts when visiting other websites.

  • Category 5: Social Media Cookies

These cookies allow you to share what you’ve been doing on the website on social media networks such as Facebook and Twitter. These cookies are not within Cloudy Bay control. Please refer to the respective privacy notices of the relevant social media networks to find out how their cookies work.

7.5. HOW LONG DO COOKIES STAY ON MY COMPUTER?

Session cookies only last until you close your browser. They are not stored on your hard drive. They are usually used to track the pages that you visit so that information can be customised for you for that visit.

Persistent cookies are stored on your hard drive until either you delete them or they reach their expiry date. These cookies may, for example, be used to remember your preferences when you use the Site.

7.6. WHAT CAN I DO TO MANAGE COOKIES STORED ON MY COMPUTER OR PHONE?

You can accept or refuse cookies. Accepting cookies is usually the best way to make sure you get the best from a website. Most PCs automatically accept them but you can change your browser settings to restrict, block or delete cookies if you want. Each browser is different, so check the 'Help' menu of your particular browser (or your mobile phone's handset manual) to learn how to change your cookie preferences. Many browsers have universal privacy settings for you to choose from.

To see the complete list of the companies that use cookies on this Site and to amend your preferences, access our Cookie Consent Tool here.

7.7. WHAT HAPPENS IF I DON'T ACCEPT COOKIES?

If you decline cookies, some aspects of the site may not work on your device and you may not be able to access areas you want on the Site. For this reason, we recommend that you accept cookies.

8. Prevent fraud and counterfeiting

Moët Hennessy, located 24-32 rue Jean Goujon - 75008 PARIS (“Moët Hennessy”) attaches the greatest importance to the protection of its Cloudy Bay s, products, know-how and image. To that end, Moët Hennessy, in parallel and in collaboration with the public authorities, has deployed a number of tools for detecting fraud and counterfeiting, and centralises all the information that it can detect or that is reported to it, concerning counterfeiting and parallel imports, in connection with the Cloudy Bay s and products of the Moët Hennessy group or concerning any other violation of the rights of the Cloudy Bay s of the Moët Hennessy group. To that end, Moët Hennessy may from time to time collect and process the personal data of persons suspected of having committed such offences or accused of doing so, or of persons who are witnesses of such offences. This information shall only be kept for the purposes and the duration needed for checking the facts detected or reported, and then, where applicable, for the launch of prosecutions or for the deployment of the means required to put an end to these acts until the final settlement of the case, or should Moët Hennessy decide not to bring legal proceedings, for a term of five (5) years as of the last incident that was recorded.

9. Right to lodge a complaint

You may address any complaint to the Privacy Commissioner- PO Box 10 094, The Terrace, Wellington 6143, regarding the way in which Cloudy Bay collects and processes your Data.

10. Changes to our privacy & cookies notice

Cloudy Bay may update this notice from time-to-time by posting a new version on the Site.

You should check this page occasionally to ensure you are happy with any changes. Cloudy Bay may also notify you of changes to this notice by email.

11. Protection of persons under legal alcohol drinking and purchasing age

As the access to the Site is governed by Terms & Conditions of Use, Cloudy Bay  does not collect any Data or information concerning persons who are under legal alcohol drinking and/or purchasing age in their location of residence.