DATA PROTECTION AND PRIVACY POLICY

Vinarchy Spain, S.A. Unipersonal, 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.
The purpose of this Privacy Policy (“Privacy Policy”) is to inform you (the “User”) how Vinarchy Spain, S.A. Unipersonal , a corporation duly organized under the laws of Spain, with its registered address at Paseo Mikeletegi, nº 71, 2ª planta, 20009 – San Sebastián (Spain) with contact address (https://protecciondedatos.vinarchy.es/) and which is registered in the Commercial Register of Gipuzkoa, Page SS-22853 (“Vinarchy Spain”), collect, store, use and process your Personal Data provided through any digital media operated by Vinarchy Spain (“Digital Media”). Vinarchy Spain is responsible for the processing of your personal data. Vinarchy Spain has appointed a Data Protection Officer who can be contacted at the following email address: protecciondedatos@vinarchy.es.
Any User who does not agree with the Privacy Policy must refrain from accessing, requesting information or requesting any of the products offered on the Website.

1.- What Personal Data do we gather about you and how do we collect it?

Personal Data is collected when you interact with our Websites and each time you participate in any of the features or services offered by our Digital Media only for the purposes set out in Section 2 below.
The types and amount of information collected for the above-mentioned features and services may be updated and vary depending on the activities of Vinarchy Spain. In particular, the Personal Data that may be processed by Vinarchy on the Websites shall consist of:

• Users’ personal identification and contact details, including their name and surname, telephone number, e-mail address, national identity card, tax identification number or passport.
• Additional information (contractual data) that Users may provide when purchasing products through the Websites, including personal data relating to the processing and management of the purchase, personal or professional address and data relating to payment.
• Personal data that Users may transmit through any of the contact forms available on the Websites, including data sent via the “join us” section for the purpose of submitting their application.
• IP address, Cookies and similar technologies. In compliance with applicable law, we may use a variety of technologies (such as cookies, plugins or other similar technologies) that collect and provide browsing information about how you access and use our Digital Media. The IP address is a code that identifies the User’s Internet connection at a specific time, and a specific moment, and Cookies are files that are downloaded to the User’s browser and that can be read later by the website. For further information in this regard, pleaser read our Cookies Policy.

Users are responsible for ensuring that the personal data they provide is true and accurate and are committed to notifying any changes or modifications. Any loss or damage caused to the Websites, the Company or any third party through the provision of erroneous, inaccurate or incomplete information shall be the responsibility of the User.
In addition, in the event of failure to provide the data considered necessary, it may not be possible to proceed with the request for information or the purchase of the products offered on our Websites, in general, to the management of requests intended by the User.

2.- For what purpose do we use your Personal Data and based on which legal grounds?

We collect information about you to:

• Restrict access to our Digital Media to comply with applicable law or contractual restrictions and prevent access to those who are minors. The legal basis for the processing is compliance with legal obligations.
• 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. invitations to events, or a promotional code that is created upon registration, etc.). The legal basis for the processing is the performance of pre-contractual measures and the execution of the subsequent contract and legitimate interest of the Company;
• To manage applications received through the “join us” section, as well as through any other means or communication channels. Your data will be processed solely for the purpose of managing your application, including any necessary selection processes up to your hiring. The processing of your data is necessary for the performance of a contract to which the data subject is a party, or for the implementation of pre-contractual measures at the data subject’s request,
• When you purchase products on our websites: we use your Personal Data to manage your order and deliver your products, for the purpose of executing the contract that you have formalised for this purpose. The refusal to provide personal data for this purpose implies the impossibility of processing and properly managing your orders for the products offered by the Company.
• When you send us any queries or other requests: The Company may process the User’s personal data in order to deal with the enquiries that the User makes when contacting us through any of the service channels available to the User, in relation to the products offered or contracted with the Company. The legal basis for the processing is the implementation of pre-contractual measures, as well as the Company’s legitimate interest in handling and managing the User’s inquiries.
• Send you transactional or administrative communications: we use your Personal Data to send you informative communications about the status of your orders, as well as a confirmation email when you sign up for, or unsubscribe from, a specific registration or activity), or service-related e-mails (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). The legal basis is the contractual relationship that binds us
• Compliance with legal obligations and requirements of the authorities: The Company will also process User’s personal data to comply with any legal obligations applicable to it and required to meet the requirements of any court, public authority or administration. The legal basis is compliance with the legal obligations applicable to the Company.
• Management of the Websites and analysis of their use: The Company may also process User’s personal data by carrying out analyses, studies, statistics, surveys, usage metrics, market trend studies, for fraud prevention, either by itself or through third parties with the installation of cookies or other similar technologies. As far as possible, the information used for this purpose will be aggregated information at a statistical level, without identifying the User. The legal basis for the processing is the i ) Company’s legitimate interest in the case of technical or strictly neccesary cookies, in order to improve the services provided to Users and to offer them greater security or improve the web: ii) the consent given by the User when allowing the use of third-party cookies on the Website.
• 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 the sending of commercial information, advantages, news and promotions, by any means, including telematic ones, only for the products and services commercialize under the requested brand or for the ones you have given your consent. This commercial information will be sent by the Vinarchy Group’s entity that commercialize the required brand and that is located in the reference country that you have indicated. For example, if you are signing up for a contest or other promotion, you may also be invited to sign up for newsletters or promotions alerts of the brand to which the contest or promotion refers. If you expressly consent to receive these additional services offered by other group companies, we will use your Personal Data to provide them through the Vinarchy Group’s entity that commercialize the interested brand.
  • We may conduct profiling based on monitoring your browsing activities on our Websites to better understand your preferences and interests and to customize our marketing communications to your profile, where you give us your express consent to do so.
  • 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 Vinarchy Spain 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;
  • In accordance with applicable regulation, the Company will also check advertising black lists (such as the Robinson List)
• Because it is also Vinarchy Spain legitimate interest to better serve you:
  • For administrative and management purposes and internal centralization, we may send your Personal Data to Vinarchy Group.
  • 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 though 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.
    Vinarchy Spain 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 and independent 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 9 below.

3.- To whom do we disclose your Personal Data and why?

• Within the Vinarchy Group

We will communicate your data to our internal authorized employees who need to process your personal data for the purposes specified in Section 2 of this Privacy Policy, in particular to our digital marketing, sales, accounting and tech teams, based on our legitimate interest and, if required, based on your consent (which will be required in accordance with the applicable data protection regulations)

• With third parties

Vinarchy Spain may also share your Personal Data with third parties, but only in the following circumstances:

• For marketing and communication purposes, including competitions and events: we will share your data with our marketing and communication service providers such as advertising agencies, marketing agencies, social media and digital agencies to help us carry out competitions and events, advertising, marketing and sales campaigns, as well as analyzing their effectiveness and manage your contacts and queries.
• For IT 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 Vinarchy Spain 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 Vinarchy Spain or any affiliate of the Group Vinarchy; The Company shall in any case have entered into the relevant agreements for the processing of personal data with them.
• 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 Vinarchy Spain 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 Vinarchy Spain, its customers, or the public;
• In the event of a merger or acquisition of all or part of Vinarchy Spain by another company, or in the event that Vinarchy Spain were to sell or dispose of all or a part of the Vinarchy Spain business, the acquirer would have access to the information maintained by that Vinarchy Spain 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.
  • For targeted advertising purposes through cookies: with your prior consent, we will share your personal data with the digital advertising platforms indicated in the Cookies Policy to show you targeted advertisements about the products and services of our different brands, to you and to people with a similar profile to you. For more information on how these social media platforms process your personal data and how to exercise your rights in relation to any subsequent processing of your personal data, we invite you to consult their privacy policy on their website.

4.- Is your Personal Data sent to recipients outside the European Union?

Vinarchy is a global company and your personal data may be transferred to countries outside the European Economic Area, where Vinarchy Affiliates and third parties (service providers) operate, such transfers will take place only if permitted and carried out in compliance with applicable laws. For these transfers, Vinarchy takes the appropriate measures to maintain security of the personal data both during transit and at the receiving location and ensure that countries have been deemed as providing an adequate level of protection by the European Commission, or that third parties implement relevant safeguards provided by applicable laws i.e. the Standard Contractual Clauses as set out by the European Commission.

5.- 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. Your Personal Data will then be retained, though appropriately blocked, for such retention periods as may be necessary in each case to comply with our legal obligations (resolving disputes and enforcing our agreements).
In the event you stop using the services of Vinarchy Spain or our “Digital Media”, we may retain your Personal Data together with other recipients of your Personal Data, for a longer period as long as it is necessary to fulfill the purpose for which you authorize us to share your Personal Data with them, or for their own compliance, in accordance with the purposes established by the applicable law and in their Terms and Conditions.

6.- How do we secure your Personal Data?

Vinarchy Spain 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 Vinarchy Spain 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.
Our Digital Media may link up users to other websites of third parties and/or affiliates or subsidiaries of Vinarchy, through hyperlinks; this is a service available to you as a user of the site. Such links do not constitute an endorsement by Vinarchy of the linked sites, their content, including products, advertising or any other materials featured on them. Vinarchy has no control over these linked sites and cannot be held responsible or liable for their content, including products, advertising or any other materials featured on them, or any purchase you may choose to make on these linked sites.

7.- 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.
• 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 Vinarchy Spain. Vinarchy Spain will take reasonable steps to inform the other entities of the Vinarchy group of such erasure.
• You can request the restriction of the processing (i) in the event the accuracy of your Personal Data is contested to allow Vinarchy Spain 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 Vinarchy Spain 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 Vinarchy Spain conducts verification to check whether it has legitimate grounds for such processing which may override your own rights (v) if the data processing is based on the legitimate interest of Vinarchy Spain.
• You can request the portability of the Personal Data you provided to us, in particular if the Personal Data processing is based on your consent or the performance of a contract.
• 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, including for marketing purpose based on profiling and not to be subject to automated decisions.

According to the local law, you have also the right to give general or specific instructions on how your personal data processed under this Privacy Policy may be used after your death.
You can enforce your Personal Data rights, at any time, through the following link: https://protecciondedatos.vinarchy.es/. If strictly necessary for the unequivocal identification of the User, the Company may request a copy of the User’s ID card, passport or other valid document that identifies the User.
In any case, Users may also file a complaint with the competent supervisory authority which, in the case of Spain, is the Spanish Data Protection Agency (www.aepd.es).

8.- How we treat children’s Personal Data?

Our Digital Media are not intended for children under the legal drinking age (“Minor”), we have implemented an “Age Gate” so we do not knowingly collect personal data from Minors. 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.

9.- How can you contact us or the relevant Supervisory Authority?

If you have any queries, complaints, or comments regarding this Privacy Policy or our information collection practices, please contact us at https://protecciondedatos.vinarchys.es/ or using the available forms on the Websites.

10.- Changes to our data protection and privacy policy

We keep our privacy policy under regular review and we will place any updates on this web page, as a result of new processing of personal data, or the modification of existing data, as well as in accordance with new legislative or regulatory requirements, for security reasons or in order to adapt this policy to the instructions of the supervisory authorities on data protection or to new processes. All updates will be available in the “Privacy Policy” section of the Website. When required by applicable law, we will request your express consent to do so before the changes become effective.

Last update: April 2025