Information Note on the Processing of Personal Data & Cookies

Version date: 2023.06

 

 

PRIVACY NOTICE

We are committed to taking care of your privacy. We respect your concerns about the protection of your privacy and your personal data. This Information Note on the processing of personal data and cookies (the "Note") sets out how we will treat your personal data on the Cloudy Bay website (hereinafter “the Site).

For the purpose of this Note the words “we”/“us”/“our” are in reference to the data controllers defined below.

 

Amendments

We may update this privacy note from time-to-time by posting a new version on our Site. You should check this page occasionally to ensure you are informed of such changes.  

You will be informed of any substantial changes, either by means of a banner on the Site summarising the main changes made, or by e-mail.

If you have any questions, you can contact our data protection officer at the following address:

• by post, to the address: " DPO China Moët Hennessy, 128 Beach Road, #23-01 Guoco Midtown, Singapore 189773; or  


• by e-mail (by clicking on this link).

 

What are the roles and responsibilities of our companies with regard to the processing of your personal data?

The processing of personal data made on « www.cloudybay.com » (the “Site”) are operated, as joint data controllers within the meaning of the applicable personal data regulations (which includes the General Data Protection Regulation "GDPR" of 27 April 2016), by:

• Cloudy Bay registered in New Zealand with company number 271895 and whose registered office is at Level Jacksons Road, Woodbourne, Marlborough, 7273 PO Box 376, New Zealand; and


• Moët Hennessy SAS registered in France with company number 338 228 414 RCS Paris and whose registered office is at 24-32 rue Jean Goujon, 75 008 Paris.

 

In addition, unless otherwise stated, you may be in contact in your country of residence or in relation to one of the brands of the portfolio of Moët Hennessy with one or more Moët Hennessy affiliates which, together with Cloudy Bay and Moët Hennessy SAS, have the status of joint data controller, as expressly mentioned in the Site's legal Note or in any other document sent to you.

Moreover, and in the cases mentioned below, some of our partners, such as social networks, may be independent data controllers: we invite you to consult their Personal Data Charter, for example:

Instagram (by clicking on this link)

 

Facebook (by clicking on this link)

 

Google (by clicking on this link)

 

Twitter (by clicking on this link)

 

YouTube (by clicking on this link)

 

Pinterest (by clicking on this link)

 

What data do we collect?

We collect three types of personal data, and for the purposes described below in the "For what purposes do we use your data and on what legal basis" section of this Note.

 

Data you provide directly to us	Identification data which are your first name, last name, title, country of residence, date of birth, billing and delivery postal address, delivery information, e-mail address and telephone number; Data concerning your  purchase history(your order history) and your preferences and interests;   Data strictly necessary to make a payment, which are your credit card number and its expiry date; Personal data that you may voluntarily include in the messages you may send us.
The data we collect automatically	Connection data, and in particular information concerning your terminal - computer, tablet or smartphone - with which you connect, as well as your use of the Site (such as the operating system of your terminal, the type of browser you use, whether or not you use a proxy, the location of the terminal deduced from your IP address, the access times, the pages visited, and the link that enabled you to access our Site). See the Cookies Note below.
The data we collect from third parties	Identification data provided by one of your contacts: You enter into a contest on our Site and wish to invite friends to play as well: in this context, you undertake to inform these third parties of the content included in this Note. You decide to purchase or send products/tickets to/for someone: We use this information only to send purchases to that third party and will not send marketing communications to your contacts unless they opt-in to receive communications from us. Social Network Data: This is information provided to us by social networks, including your use of such networks and your associated advertising credentials, which you use through our Site. In particular, when you share your experience of our products and services with other customers, you are using a social network and communicating information about yourself to that social network and to us. These communications are governed by the privacy policies of those social networks to which we invite you to read. Data communicated by partners: this is information communicated to us by third party partners with whom you have been in contact and who you have authorised to share personal data about you with us for the purposes of commercial prospecting or targeted advertising.

 

Protection of underaged people

Access to the Site is governed by the Site's Terms and Conditions and subject to users’ age. Users must be legally entitled to drink and/or purchase in their place of residence to access the Site. As such,  we do not intentionally collect any personal data from persons under the legal drinking and/or purchasing age according to the legislation in force in their place of residence, unless it is legally required or authorized.

You must be of legal drinking and/or purchasing age according to applicable legislation in your place of residence to make purchase on the Site and by doing so, you warrant that you are of the required age and are fully capable of entering into and being legally bound by such transactions.

However, if you believe that we may process personal data of persons under the legal drinking and/or purchasing age, please let us know.

 

For what purposes do we use your data? On what legal basis? And how long do we keep your data?

 

Purpose of the processing	Reasons for the processing of your data by our services (legal basis)	Retention time
Restricting access to the Site to people of legal drinking age.	Legal obligation for us	Retention during the connection to Site
Creation and management of your account online Your data is processed for the purpose of managing your online account.	Execution of a contract (Terms and Conditions) with you Consent when you provide your email address to create an account on our Site	As long as you use your account or order products or services through your online account or   3 years after your last login to your online account using your login details
Management of e-commerce transactions (including reservations and purchases of tickets for cellar visits, tastings, …) Your data is processed for the purpose of (i) fulfilling your orders (providing you with the products you have ordered, processing transactions and billing, including fraud and payment incident management), (ii)  fighting against fraud in relation with payment (iii) collection of business statistics in order to monitor our performance and activity and to perform segmentation for prospecting purposes.	(i) Performance of a contract (Terms and Conditions) between you and us. (i) Legal obligation to keep records of a transaction (ii) Legitimate interest in improving our services and protecting you/us, in fighting fraud. You have the right at any time to obtain human intervention, to comment and to challenge the decision by contacting customer services (see Contact Us). (iii) Consent	For the completion of your orders: Until the end of the transaction For billing data : 10 years after order confirmation For the duration of the investigation (3 to 6 months) and then for the duration of the legal proceedings (if any)
Customer and prospect relations management via social networks Your data are processed for the following purposes (i) moderating our social networking pages; and   (ii) customer relationship management via social networks including our Brand image   (iii) to show you targeted advertisements and find other people like you on social networks	(i) and (ii) Legitimate interest (customer and prospect relationship management and branding) (iii) Consent	(ii)see the privacy information note posted on the social network   (iii) 3 years from the last interaction you’ve hadwith us
Alert(s) sending in case of: return to stock of the product(s) you have selected on the Site the launch and sale of the product(s) you have selected on the Site.	Consent	Retention until the day the information on the availability of the product or service is sent or until the reference is removed from the Site.
Sending of communication about products, services, offers, promotions, benefits and events and sharing information that may be of interest to you. We collect and process your personal data in order to manage and animate our commercial relationship, to enhance our corporate image and to inform you about our products and services.	Consent	3 years from your last interaction with a communication from us.
Personalization of the Site and of advertising according to your affinities. We track and analyse your habits, usage and activities on the Site (including through the combination of your data collected in the context of the Site with that collected in connection with your purchases on our site) to personalise our Site, including through the use of technologies that place cookies on your terminal or in emails we send you.	Consent (to manage your choices see Cookies ).	See the Cookies Note.
Management of our loyalty programme  Your data is processed in order to (i) determine your eligibility for the loyalty programme and ensure its proper execution (points balance, deadline for their use...); (ii) send you offers, news or advertisements tailored to your purchase history or interests; and (iii) refine your profile.	(i) Performance of a contract with you as per the terms and conditions of the programme (ii) Consent to receive commercial offers by electronic communications (iii) Legitimate interest (customer relationship management, marketing)	3 years from your last interaction with us (with or without a purchase) as long as you are a member of the Loyalty Programme, and/or your online account remains active.
Competition/contest organisation (i) We process your data for the purposes of the competition, in particular for its organisation, for taking into account your participation and for sending the prizes, if applicable. (ii) Subject to your consent, we may send you electronic communications and/or share certain information with our business partners for marketing purposes.	(i) Performance of a contract for the administration of the competition. (ii) Consent to receive commercial prospecting from us and/or our partner (s).	(i) For the duration of the competition and, where applicable, for the duration necessary to provide the prizes. (ii) by using the unsubscribe links provided in the newsletters; or 3 years after your last interaction with an email sent by us.
Site security management You can generally browse the Site without having to provide us with any personally identifiable information. However, information about your browsing is automatically collected (see "Information We Collect Automatically") to ensure the security of the Site	Legitimate interest in the proper functioning of the Site, its optimization and security.	Retention of data for the duration of security and integrity operations, which may vary depending on the operations carried out (3 to 6 months)
Fight against counterfeiting, and against sales of products/tickets made in violation of our general conditions Detect and prevent fraud and counterfeiting	Legitimate interest in fighting counterfeiting and protecting our distribution network	10 years after your purchase on our Site, or in the event of suspected fraud, for the duration of the investigation, or in the event of legal proceedings, for the duration of such proceedings
Consumer surveys These are satisfaction surveys about our products and services.	Legitimate interest in improving our products and services Consent for Internet users in Germany, Italy, Spain and Australia, where consent is required	Duration of the satisfaction survey and for 3 years after the survey.
Response to your requests via our forms on the Site Respond to your questions via the "Contact Us" form or other similar forms;	Depending on the content of the request, legitimate interest or precontractual measures in responding to requests made to us.	Duration of the processing of your request, then archiving for 3 years from the resolution of the request
Management of disputes and litigation	Legitimate interest in defending our interests in court and preparing our defence in litigation.	Duration of the complaint and then conservation within the limit of the applicable rules on prescription from the date of its resolution. And/or, in case of legal action: conservation of data for the duration of the procedure until the complete execution of the legal decision or the settlement agreement
Compliance with applicable laws, court orders, other legal proceedings or the requirements of any authority.	Legal obligation on us	For the period provided for by the applicable law or the relevant judicial or administrative decision.

 

When we ask you to provide personal data, we clearly indicate whether the information is mandatory or optional and the consequences of your refusal (for example, that we will not be able to process your request). -

For any processing based on our legitimate interest, we will ensure that we take into account any potential impact that the use of your data may have on you. If we believe that your interest or fundamental rights and freedoms outweigh our legitimate interest, then we will not use your personal data on this basis and will seek your specific consent.

 

With whom do we share your personal data?

We share data where necessary.

 

1. With our affiliates in the MOET HENNESSY group and with LVMH i) to improve your experience by proposing relevant content, personalized offers and services as well as customized marketing communications and ii) to learn about your preferences and interests and patterns of use of our products and services in order to improve their visibility, accessibility and performance.

LVMH acts as our data processor, or service provider, and will not use your data for any purpose other than the one described above. For example, LVMH will not use your data for its own purposes, will not contact you for marketing purposes based on the data we provide, and will not share information about you with Maisons of the LVMH Group to which you are not a customer and/or to whom you have not given consent.

If you consent we will share the purchases you have made with us during the last 3 years with LVMH, our parent company, in a pseudonymous way (which means that your name and your contact details will not be sent to LVMH). Your purchases will be analyzed and matched with purchases you made with other Maisons of the LVMH Group where you have given a similar consent. Each Maison that has your consent will receive back from LVMH generic information concerning your purchasing habits and preferences.

 

2. With services providers to ensure the management of the Site

In the context of the use of the Site, some of your information is transmitted to our service providers and subcontractors involved in the management of the Site and organization of visits to the extent necessary for their intervention.

For example:

• Your connection data and your information when you register on the Site are hosted by our hosting service provider;


• Your payment details are passed on to our payment service provider and account-holding banks in order to complete the transactions associated with your purchases. Information is also transmitted to your bank for the purpose of securing payments made with a bank card on our Site in accordance with the PSD2 (European Payment Services Directive);

 

3. With partners so that they can send you personalised offers, only subject to your consent.

Some data is shared, subject to your consent with our business partners, who may send you information about their products and services.

 

4. With our advisors, our service providers in charge of in debt collection, to enable us to ensure in particular the collection of our debts, the management of disputes, the prevention of non-payment and litigation

We may also share data about you with our external counsel in the event of a dispute (law firm), with third parties, such as debt collection companies.

 

5. With social networks

When you use the social buttons, data relating to your identification is automatically communicated to these social networks.  You also have the possibility of sharing certain information or content present on our Site on social networks.  This use is governed by the terms of use of the said social network, which we invite you to consult directly on their site.

 

6. With potential buyers of our assets

Data may also be shared with the ultimate or potential purchaser or recipient of all or part of our business or assets, including in the event of a sale or reorganisation (in whatever form)

 

7. With judicial and administrative authorities

Data may also be shared with the ultimate or potential purchaser or recipient of all or part of our business or assets, including in the event of a sale or reorganisation (in whatever form)

Given the presence of Moët Hennessy in many countries around the world, some of your data may be collected, accessed or stored outside your country of residence.

We may transfer personal data to countries outside the European Economic Area ("EEA"), including to countries which have different data protection standards to those which apply in the EEA.

In application of art. 46.2(c) of the GDPR, we have put in place European Commission approved standard contractual clauses to protect this data. You have a right to ask us for a copy of these clauses (by contacting us as set out below).

When we transfer your personal data to the U.S., we take appropriate measures to ensure that personal data is adequately protected in the country of destination by verifying that the third parties offer appropriate safeguards, and negotiating for example, standard data protection contractual clauses under Article 46(2)(c) and (d) GDPR or binding corporate rules under Article 47 GDPR.

 

What are your rights and how can you exercise them?

 

Access and copying

You have a right of access and communication to your personal data as well as to receive information on the purposes and methods of processing, the recipients or categories of recipients to whom the data may be disclosed or who may become aware of them, the storage period or, if this is not possible, the criteria for determining it.

 

If you have an account on our Site, you can directly access the data contained in your account online. This access also allows you to correct, modify or delete certain identification and contact information.

You may, to the extent permitted by law, exercise your right to portability allowing you to retrieve in an interoperable format the personal data you have provided to us.

You can contact us at any time by email (by clicking on this link).

 

Obtaining the correction of inaccurate personal data

You also have the right to request the correction of any personal data that is incorrect as well as the restriction of its processing for the time necessary to correct it. You also have the right, depending on the nature of the processing, to request that the personal data in our possession be completed.

You can contact us at any time by email (by clicking on this link).

Where the processing of your personal data is based on your consent (such as newsletter registration, use of cookies and similar technologies on this Site), you have the right to withdraw your consent at any time.

This right can be exercised by changing your options for commercial prospecting and subscriptions to our newsletters, as well as by withdrawing your consent to the placement of cookies by following this link. 

You can contact us at anytime by email (by clicking on this link).

 

Obtaining the deletion of your personal data

 

How to contact us?

You have the right to clear, transparent and understandable information about how we use your personal data and about your rights.

If you have any questions, you can contact our data protection officer at the following address

• by post, to the address: "DPO China Moët Hennessy", 83 Clemenceau Avenue, #09-08, UE Square, Singapore 239920; or


• by e-mail (by clicking on this link).

Please note that in order to respond to your request, we may ask you to provide proof of identity. We may also ask you to provide additional information or proof of identity.

You also have the right to complain to :

• Commission Nationale de l’Informatique et des Libertés (CNIL), 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 about the way we collect and process your Data, or


• another data protection authority. The list of authorities is available by clicking here.

If you reside in the United States and have questions about your data, please refer to the Privacy Policy located on the U.S. portion of the brand website. 

 

COOKIES NOTICE

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 ours. To make the best use of our Site, on whichever device you use, you'll need to make sure your web browser is set to accept cookies.

 

What are cookies used for?

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

• Give you a better online experience by displaying a customised editorial content based on what you have previously viewed.


• Allow you to set personal preferences (remember your login detail, choose a country and a language, add items to your bag).


• Protect your security.


• Measure and improve our service.


• Work with partners and measure the audience.

 

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.


• A value (usually a randomly generated unique number).

 

The cookies we set

We use the following categories of cookies on our Site:

• Strictly Necessary Cookies (legal basis: our legitimate interest - art. 6 (1) (f) GDPR): 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 or for cookies allowing the detection and prevention of fraud.


• Performance Cookies (legal basis: your prior consent - art. 6 (1) (a) GDPR): These cookies collect anonymous non-directly identifiable information on how people use our Site. For example, we use Google Analytics cookies to help us understand how customers arrive at our Site, browse or use our Site and highlight areas where we can improve, such as navigation, shopping experience and marketing campaigns. The data stored by these cookies never shows personal details from which your individual identity can be established.


• Functionality Cookies (legal basis: your prior consent - art. 6 (1) (a) GDPR): These cookies remember choices you make such as the location you visit our Site from, language 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 the visits more tailored and pleasant. The information these cookies collect may be non-directly identifiable and they cannot track your browsing activity on other websites.


• Targeting cookies or advertising cookies (legal basis: your prior consent - art. 6 (1) (a) GDPR): 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.


• Social Media Cookies: These cookies allow you to share what you’ve been doing on the website on social media. These cookies are not within our control.  Please refer to the respective privacy policies for how their cookies work.

 

Cookies that are not exempt from consent are referred to as "optional cookies".

You can access the list of cookies we use, manage your consents, and access the list of entities and partners that place cookies on our Site by clicking here on our Cookie Setting.

For more information on how our fraud detection and prevention service provider uses your data, you can view its own privacy & cookies policy by clicking here

 

How long do cookies stay on my computer?

Session cookies - these 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 - these cookies are stored on your hard drive until you delete them or they reach their expiry date. These may, for example, be used to remember your preferences when you use the site. The lifespan of such cookies will not exceed thirteen (13) months from date of consent.

We remind you that, with regard to "optional cookies", you can change your preferences and withdraw your consent at any time by clicking here on our Cookie Setting.

 

 

What can I do to manage cookies stored on my computer or phone?

You can accept or refuse cookies per categories of cookies by clicking here on our Cookie Setting.

 

What happens if I don't accept cookies?

If you decline cookies, some aspects of the site may not work on your computer or mobile phone and you may not be able to access areas you want on the Site.