Terms & Conditions
Welcome to http://www.kostabrowne.com the website for Kosta Browne Winery. The terms “Kosta Browne Winery,” “http://www.kostabrowne.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
Last Updated: July 15, 2015
GENERAL TERMS AND CONDITIONS
Your use of this website is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of this website shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated at any time and from time to time with or without notice to you. Your continued use of this website following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Napa County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
THE SALE OF ALCOHOLIC BEVERAGES
We do not sell alcohol to persons under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, Discover and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement.
Errors and Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, we shall be held harmless for any such errors.
Disclaimer of Warranties
Although we endeavor to provide current, accurate and reliable information on our website, we do not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on this website. We do not warrant that your use of this website, or the operation or function of this website, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be correct; or that this site or its server is free of viruses or other harmful elements. Your use of this website is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website. We and our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of this website. This website content provided "as is" and "as available" without any express, implied or statutory warranty of any kind including warranties of merchant ability, title, non-infringement or third part rights, or fitness for any particular purpose.
Limitation of Liability
In no event shall we and/or our suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with this website, the use or performance of this website, the delay or inability to use this website, the provisional of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. If you are dissatisfied with any portion of this website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using this website.
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
Last Modified August 2019
We refer to these products and services collectively as the “Services.”
“Personal Data” means data that reasonably can be used to identify a living person, or that reasonably relates to a living person.
Information We Collect
1. Information You Provide Us
When you use our Services, you may provide us with information about you, including your name, address, email address, phone number, date of birth, and credit card information. We use this information to process your requests and to communicate with you about your orders. Additionally, we may also use your name and contact information to notify you of changes to our Sites, new wines and releases, special offers, and events we think you will find valuable or of interest. If you do not wish to receive this information via email, you may opt out by clicking the “Unsubscribe” link at the bottom of the email. Alternatively, you may send an email to [email protected] from the email address you would like removed and include the word "Unsubscribe" in the subject line. Or you may send a postcard to Kosta Browne, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574.
2. Information We Collect Through Automated Means
When you use our Services, we collect certain information automatically as described in this section. As discussed further below, we and our service providers (which are third party companies that work on our behalf and include FullStory), may use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
We collect information on your use of the Services, such as pages visited, links clicked, non-sensitive text entered, and mouse movements, as well as information more commonly collected such as the referring URL, browser, operating system, and Internet Protocol (“IP”) address. We use publicly available sources to approximate your geographic region and Internet Service Provider based on your IP address. We use the term “Usage Data” to refer to this information about your use of the Site that we collect. Our purpose in collecting Usage Data is to better understand how our visitors use the Site. We collect automatically information that may constitute Personal Data, such as IP addresses.
3. Business Purposes
We collect this personal data for the business purposes of and pursuant to the legal bases of contract performance, legal compliance, and legitimate interests. These include:
Performing a contract with you or to take steps at your request before entering into a contract
Complying with legal or regulatory obligations or in response to law enforcement requests
Other legitimate interests and business purposes, such as:
For our everyday business purposes – such as to process your transactions, maintain or service your account(s), communicate with you, schedule tastings, offer you discounts through our wine clubs, manage records, respond to court orders and legal investigations, and administer and provide services to you
For our marketing purposes – to offer our services to you, to improve and customize our services for you and to understand how our services are used
To operate, maintain and improve the Sites, for example by conducting analytics
In some cases, we rely on your consent for processing your personal data, but only in those cases where we specifically ask for your consent.
Disclosure Of Your Information To Third Parties
In addition to informing you about our own products and services, from time to time, we may also share your information with select marketing partners who offer products or services that we believe will be of interest to you. Our marketing partners may use this information to contact you directly regarding their own offers of interest. You may choose to opt-out of having your Personal Data shared with these third-party companies by sending an e-mail to [email protected] with the phrase "Do Not Share" in the subject line. You may also send a postcard to Kosta Browne, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574.
Additionally, we may disclose your information to third parties if we conclude that we are required by law or have a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property, or safety of our Company, its customers, or the public. We may also contract with other companies and individuals to perform certain functions and services, including processing, storing, tracking, and organizing information on our behalf. These service providers may have access to Personal Data to perform their functions, but are prohibited from using Personal Data for direct or indirect marketing purposes or for any purpose other than providing services to us. We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or capital, including in connection with any bankruptcy or similar proceedings.
We may track visits to the pages and links on our websites so we can make decisions about the design and usage of the Sites. We may choose to share this aggregate information on consumer behavior to third parties.
Cookies And Related Technologies
As part of our ongoing efforts to ensure the best possible experience for all users of our Sites, we may use "cookies" and related technologies, such as tags, SDKs, tracking pixels, and other similar technologies to collect the information described in “Information We Collect Through Automated Means.” “Cookies” are small pieces of information that are stored by your browser on your computer's hard drive. Cookies enable us to provide special features such as storing items in your shopping cart between visits, tailoring products or services offered to you based on past preferences or geographic location. Most Web browsers automatically accept cookies, but allow you to turn off cookies as part of the browser options. Even without cookies, you can still use most of the features of our Sites, but you will be unable to place items in your shopping cart or make purchases.
We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
Advertising And Third-Party Data Collection
Notice Concerning Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.
Links to Other Sites
European Economic Area
For individuals in the European Economic Area, please click here for additional detailed disclosures.
Your California Privacy Rights
California law permits customers in California to request certain details about how their information is shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business must either provide this information or permit California customers to opt in to, or opt out of, this type of sharing.
We may from time to time elect to share certain information about you collected by us on the Service with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. If you are a California resident, you may opt out of such future sharing of your personal information (as defined by the California Shine the Light Act) by contacting us at [email protected] with the phrase "Do Not Share" in the subject line. You may also send a postcard Kosta Browne, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574.
Reviewing And Changing Your Information
You may view, update or change information related to your account. Visit the My Account page on the Sites and enter your account using your email address and password.
Not Directed To Individuals Under The Legal Drinking Age
Our Site is not intended for people under the legal drinking age of 21. We do not seek or knowingly collect any Personal Data from or about individuals under the age of 21. If we become aware that we have unknowingly collected Personal Data from an individual under the legal drinking age, we will make commercially reasonable efforts to delete such information from our database.
Updates To This Policy
Last Modified: August 2019
The Disclosures apply only to our processing of Personal Data within the scope of the General Data Protection Regulation (“GDPR”) from one or more of the European Union Member States plus Iceland, Lichtenstein and Norway (together known as the “European Economic Area” or “EEA”).
The criteria used to determine the period for which Personal Data about you will be stored varies depending on the legal basis under which we process such Personal Data:
For a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of the data subjects.
For the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the limitation period for legal claims that could arise from the contractual relationship.
For the duration of time we are legally obligated to keep the information.
For the period of time necessary to fulfill the underlying agreement with you, subject to your right, under certain circumstances, to have certain Personal Data about you erased (see Data Subject Rights below).
We may face any threat of legal claim and in that case, we may need to apply a “legal hold” that retains information beyond our typical retention period. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.
Transfers of Information Across Borders
Any information that you provide to us is stored and processed in, and transferred between, any of the countries in which we and our agents, contractors and affiliated organizations have offices, in order to enable us to use that information as set out in this Privacy Notice. This includes countries such as United States, Canada, and Hong Kong.
Not all of these countries have data protection laws equivalent to those in force in the EEA. Except the United Kingdom, which is currently in the EU, the European Commission (in the EU) has yet to make a decision of adequacy in relation to the protection given to Personal Data in any of the other listed countries. In order to ensure the protection of your Personal Data we have put in place European Commission approved Standard Contractual Clauses between each of our entities.
Data Subject Rights
Individuals from the EEA whose Personal Data we process subject to the GDPR have certain rights as required by law, including the right of access, erasure and data portability, as well as the right to rectification, to restrict processing, to withdraw consent, and to object to processing as follows.
Individuals have the right to know if we are processing Personal Data about them and, if so, to access and obtain a copy of Personal Data about them, as well as information relating to the processing of that data.
Individuals have the right to have us correct or update any Personal Data about them that is inaccurate or incomplete without undue delay.
Individuals have the right to restrict or limit the ways in which we process Personal Data about them where the accuracy of the Personal Data is contested by them, where data has been obtained by us unlawfully, where the individual has objected to our processing of the data (see right of objection below) and we are considering whether to cease processing, or where we no longer need to process the Personal Data.
Individuals have the right to object to our processing of their Personal Data where we are relying on legitimate interests as our legal basis and their rights override our legitimate interests in processing their Personal Data. Individuals also have the right to object to our processing of their Personal Data for direct marketing purposes.
Withdrawal of Consent
Where we rely on consent as the basis for processing Personal Data, individuals have the right to withdraw their consent.
Individuals have the right to request deletion or erasure of their Personal Data in a number of circumstances where required by law. These include where we no longer require the Personal Data for the purposes for which it was collected, the individual has withdrawn consent or, where we are relying on legitimate interests as a legal basis, and the individual’s rights override our legitimate interests.
Individuals have the right to obtain a copy of the Personal Data we hold about you in a structured machine-readable format and to have it transmitted to another controller. This right only occurs where we are relying on your consent or performance of a contract as our legal basis and the processing is carried out automatically.
Make a Complaint
Individuals also have the right to make a complaint about our Personal Data handling practices to their local Supervisory Authority.
To assert one of your legal rights described in these Disclosures, or if you have questions about these Disclosures or our data handling practices, please email
[email protected] or write to: Kosta Browne, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574