Effective date: May 2018

ABOUT THIS PRIVACY POLICY

The Barefoot brand is owned by E. & J. Gallo, Inc. ("Barefoot", "we", "our" or "us").

We created this Privacy Policy to inform you about how we collect, use and disclose your personal data via this website.

Although our website, or other materials may include links or references to non-Barefoot websites, pages, materials or entities, this Privacy Policy does not apply to those sites, materials or entities unless otherwise indicated.

You should read this entire Privacy Policy before submitting information to us through, or otherwise using our website.

YOU MUST BE OVER 18 TO USE OUR WEBSITE

Given the nature of our business, our website is intended only for individuals who are of legal drinking age. As a result, our website does not request or knowingly collect personal data from individuals under the age of 18. If you are not of legal drinking age, you should not visit or use our website.

WHO IS THE DATA CONTROLLER AND HOW TO CONTACT US

1. E & J. Gallo Winery, Inc. located at 600 Yosemite Boulevard, Modesto, CA 95354, United States, operates this site and is the controller of any personal data collected or otherwise processed on or through the site. Our authorized representative in the EU is E. & J. Gallo Winery Europe Ltd., 4th Floor, Harman House, 1 George Street, Uxbridge, Middlesex UB8 1QQ.

If you have any questions about this Privacy Policy, or about the personal data we hold about you, you may contact us by writing to us or our authorized EU representative at the addresses above or by calling us in California on (country code 1) 800-750-8828, Monday through Friday from 8-5 Pacific Standard Time and Saturday from 9-3 Pacific Standard Time, or by emailing us at: DataPrivacy@barefootwine.com.

WHAT ARE THE PURPOSES AND LEGAL BASES FOR PROCESSING OF PERSONAL DATA COLLECTED THROUGH THIS WEBSITE?

We process your personal data in the following ways:

• to handle and respond to queries, questions, comments, or complaints you submit via the website;
• to contact you about other products, services which we think you may be interested in, including those relating to other members of the Gallo group;
• to let you know about offers, discounts, coupons, promotions, competitions, prize draws, activities, events, or clubs we think you may be interested in;
• to send you newsletters or other communications you have expressed interest in receiving;
• for business purposes. For example, carrying out market research and analyzing how our customers use our websites in order to improve our websites, products and services;
• to update you when there are changes to this Privacy Policy;
• we may combine your personal data with other data we hold about you, or with other data we obtain from third parties;
• we may use your personal data if we need to comply with the law, protect our legal rights (or the legal rights of the members of the Gallo group), or to comply with any regulatory authorities;
• to keep track of your interactions with our websites and provide you with a more customized experience.

We rely on several different legal bases for processing your personal data:

• Necessity to enter into or perform a contract with you: where we need to process your personal data to enter into an agreement with you or a legal entity you represent, to perform contractual obligations, to respond to related questions and requests from you, or to provide customer support.
• Legitimate interests: where we process personal data from you:
• for the security and safety of the website, our IT connected to the website and the users of the website;
• to detect and prevent fraud;
• to protect and defend the rights or property of others, or our own rights and interests;
• to keep track your activities on the website, including the information you provide to us through any contact forms and to present you with advertising based on your browsing activities and interests, provided you have not opted out of such data processing. As explained fully in our Cookie Policy, we use Google Analytics cookies for the purpose collecting analytics on the operation and use of our website.
• Compliance with legal obligations: we may need to process your personal data to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process.
• Your prior consent: when we send marketing communications to you (as described below) or place cookies on your device, subject to certain exceptions -- please see our Cookie Policy for detailed information on our use of cookies.

WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU?

1. Personal data you submit to us via Contact Us or other forms on our website

On our website, you can register to receive newsletters or similar information on our products or services, or enter into certain competitions, prize draws or other promotions. As part of an online fill-in form or registration process, we ask you to provide us with certain information (usually name, contact email address and phone number if you elect to be contacted by phone/text, address or postcode).

At the time of collection of such information, we indicate what is mandatory (usually at least your name and email address) and what is optional. Where required by law to confirm your eligibility to participate, interact with us, or purchase or use our alcoholic products, we will ask you to confirm your age. Such data collection happens in the following circumstances:

• when you access our website, if we are required by law to confirm your age before granting such access;
• when you enter your location when using our "where to buy" search function;
• when you register to receive our newsletter or other communications from us;
• when you register to attend one of our events;
• if you indicate that you would like us to send you information about products you may be interested in;
• when you enter competitions, prize draws or other promotions;
• information you provide to us when you participate in surveys or market research;
• when you contact us with a query or complaint.

We will log and store the date/time of your submission.

2. Personal data we collect automatically

When you use our website, we automatically receive and record certain technical information:

• we collect information from you relating to your browser, the computer or mobile device you are using, and your IP address;
• we use cookies, web beacons and similar technology to collect information about you, including clickstream data, log files, and server logs. For more information about how we use cookies, see our Cookie Policy; and
• we collect information about how you use the internet, such as the website you just visited, and the date and time you use our websites. We use third party cookies such as Google Analytics to help us do this.

3. Personal data which we collect from third parties

We may collect personal data about you from third parties, including websites operated by third parties which are affiliated with us (for example, microsites which promote our products or promotions and are linked to our website).

WITH WHOM DO WE SHARE YOUR PERSONAL DATA?

We may share your personal data as follows:

• with third parties we or other members of the Gallo group have engaged to carry out certain activities on our behalf. This includes companies we have engaged to help us with advertising and marketing services, or subcontractors who help us process customer complaints or queries; and
• with government authorities, courts and others if the law requires us to, or if we think it is necessary to comply with the law or in order to protect or defend our legal rights, or those of others.

We may also anonymise your personal data, so that is no longer possible to identify you from it. If we do this, we may share it with third parties in anonymised form.

TRANSFERS OF YOUR PERSONAL DATA OUTSIDE THE EU/EUROPEAN ECONOMIC AREA ("EEA")

When you use our site, you are transferring personal data to us in the United States, which is subject to a limited adequacy decision by the EU Commission. According to the Commission, companies that voluntarily self certify under the EU-US Privacy Shield Program are subject to an adequate level of data protection. We do not currently self certify to the EU-US Privacy Shield Program.

Where required, we enter into data processing and data transfer agreements that incorporate the Standard Contractual Clauses approved by the EU Commission with the recipient to ensure an adequate level of protection of your personal data. These Standard Contractual Clauses include certain provisions which protect your personal information.

You may contact us using the contact details set out above, or by emailing us at DataPrivacy@barefootwine.com if you wish to find out more about how we protect your personal information using Standard Contractual Clauses or to receive a copy.

HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We retain your personal data for as long as we need to address your query, provide the services requested by you or otherwise facilitate your use of our website, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements, and for a period of 6 years thereafter for archival, audit and legal purposes, unless a longer retention period is required or permitted by law.

HOW DO WE PROTECT YOUR PERSONAL DATA?

We take appropriate steps to protect personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction, whether in transmission or storage. Please keep in mind, however, that there is no such thing as perfect security, and no Internet transmission is ever completely secure or error-free.

IT’S YOUR CHOICE: CONTACT PREFERENCES

When submitting data on our website, you need to explicitly declare your consent to our processing of your personal data for the stated purposes (e.g., receipt of newsletters, entry into contests, etc. as the case may be). You are under no obligation to provide such consent and, if you choose to give your consent, you may withdraw your consent at any time with future effect. We want to keep in touch with you in ways that you find to be beneficial. If you don’t want us to send you promotional communications (for example, information about other products and services that might be of interest), you can let us know by following the instructions we provide to you at the time we send you the relevant communication or by sending us an email at DataPrivacy@barefootwine.com.

Keep in mind that these preferences regarding promotional contacts do not mean that we might not contact you for other reasons, such as those related to an inquiry you made, a newsletter to which you may have subscribed, an event for which you registered, a legally required notice and so on.

WHAT RIGHTS DO YOU HAVE IN RELATION TO YOUR PERSONAL DATA?

You have the right to request that we:

• confirm whether or not personal data about you is being processed;
• provide you with further details about how we process your personal data;
• provide you with a copy of any data which we hold about you;
• treat your consent as withdrawn (where we rely on your consent as a legal basis for processing your personal information);
• consider any valid objection to the processing of your personal information (including the right to object to processing on grounds related to your particular situation where we are relying on our legitimate interests as a legal basis for processing);
• update or delete inaccurate, incomplete or out of date personal data which we hold about you;
• restrict the way that we process your personal data; and
• consider any valid request to transfer your personal data to a third party provider of services (data portability).

If you wish to exercise any of these rights or have questions about them, please get in touch with us by emailing us at DataPrivacy@barefootwine.com, or by contacting us using the details set out above.

Please note, however, that we may be unable to comply with requests to exercise the above rights if certain exemptions apply. For example, if we need to keep processing your personal information for our legitimate interests or to comply with a legal obligation. We may also ask to you provide us with information necessary to confirm your identity.

COMPLAINTS OR QUERIES

If you have any complaints, queries or questions about how we use your personal data, you may contact us using the contact details set out above. We will then get in touch with you to see how we can help.

If you have a complaint about how we use your personal data, we would always prefer you to contact us first. However, you also have the right to lodge a complaint with the competent local data protection authority. 

CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time. Please review this Privacy Policy periodically to be informed of how we use and protect your information. If we have your email address, we may also email you with information about these changes.