External Privacy Notice
(A) This Notice
|Summary - This Notice|
|This Notice explains how we Process Personal Data. This Notice may be amended or
updated from time to time, so please check it regularly for updates.
This Notice is issued by the Controller entity listed in Section (N) below (“Ehlers Estate”, “we”, “us” and “our”) and is addressed to individuals outside our organisation with whom we interact, including visitors to our website, vendors, and visitors to our premises (together, “you”). Defined terms used in this Notice are explained in Section (O) below.
This Notice may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Notice carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Notice.
(B) Collection of Personal Data
|Summary – Collection of Personal Data|
|We collect or obtain Personal Data: when those data are provided to us (e.g., where you contact us); in the course of our relationship with you (e.g., if you create an account on our site); when you make Personal Data public (e.g., if you make a public post about us on social media); when you visit our Website. We may also receive Personal Data about you from third parties (e.g., data and payment vendors).|
Collection of Personal Data: We collect or obtain Personal Data about you from the following sources:
- Data provided to us: We obtain Personal Data when those data are provided to us (e.g., where you contact us via email or telephone, or by any other means.
- Relationship data: We collect or obtain Personal Data in the ordinary course of our relationship with you (e.g., you agree to join our email list to get the latest Ehlers Estaterelated news and updates, you join one of our events, you join our Wine Club).
- Data you make public: We collect or obtain Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
- Website data: We collect or obtain Personal Data when you visit our Website or use any features or resources available on or through our Website.
- Registration details: We collect or obtain Personal Data when you use, or register to use, any of our Website or events.
- Content and advertising information: If you interact with any third-party content or advertising on a site (including third party plugins and cookies) we receive Personal Data from the relevant third-party provider of that content or advertising.
- Contact information: We collect or obtain Personal Data when managing our sales and purchases you make on our site.
- Third party information: We collect or obtain Personal Data from third parties who provide it to us (e.g., address verification services and data vendors).
(C) Creation of Personal Data
|Summary – Creation of Personal Data|
|We create Personal Data about you (e.g., records of your interactions with us).|
We also create Personal Data about you in certain circumstances, such as records of your interactions with us, and details of your past interactions with us. We may also combine Personal Data from our Website or services including where those data are collected from different devices.
(D) Categories of Personal Data we Process
|Summary – Categories of Personal Data we Process|
|We Process: your personal details (e.g., your name); demographic data (e.g., your age); your contact details (e.g., your address); records of your consents, (e.g., when you sign up for emails from us); and any views or opinions you provide to us.|
We Process the following categories of Personal Data about you:
- Personal details: given name(s and preferred name.
- Demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences.
- Contact details: correspondence address; telephone number; email address; messenger app details; online messaging details; and social media details.
- Payment Details: credit card information; billing information; and gift message information (if applicable).
- Consent records: records of any consents you have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
- Data relating to our Website: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to our Website; username; password; security login details; usage data; aggregate statistical information.
- Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.
(E) Purposes of Processing and legal bases for Processing
|Summary – Purposes of Processing and legal bases for Processing|
|We Process Personal Data for the following purposes: providing our services to you; communicating with you; managing our IT systems; health and safety; financial management; conducting surveys; ensuring the security of our premises and systems; conducting investigations where necessary; compliance with applicable law; improving our Website and services.|
The purposes for which we Process Personal Data, subject to applicable law, and the legal bases on which we perform such Processing, are as follows:
|Processing activity (Purposes)||Legal basis for Processing|
(F) Disclosure of Personal Data to third parties
|Summary – Disclosure of Personal Data to third parties|
|We disclose Personal Data to: legal and regulatory authorities where asked to do so; our external advisors and sponsors; our Processors; any party as necessary in connection with legal proceedings; any patrons of our mission; and any third-party providers of advertising, plugins or content used on our Website.|
We disclose Personal Data to other entities within Ehlers Estate, for legitimate business purposes and the operation of our Website or services to you, in accordance with applicable law. In addition, we disclose Personal Data to:
- legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
- delivery services, address verification services, fulfilment services, financial institutions;
- third party Processors (such as for administration and fulfilment services, advertising, promotions, campaigns, and organizing events) located anywhere in the world, subject to the requirements noted below in this Section (F);
- any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
- any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
(G) International transfer of Personal Data
|Summary – International transfer of Personal Data|
|We transfer Personal Data to recipients in other countries. Where we transfer Personal Data from the EEA to a recipient outside the EEA that is not in an Adequate Jurisdiction, we do so on the basis of Standard Contractual Clauses.|
Because of the international nature of our business and where our portfolio companies are located, we transfer Personal Data within Ehlers Estate, the Leducq organization and to third parties as noted in Section (F) above, in connection with the purposes set out in this Notice. For this reason, we transfer Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.
Where we transfer your Personal Data from the EEA to recipients located outside the EEA, i.e., to the United States of America or other recipients who are not in Adequate Jurisdictions (in particular, as the case may be, the United Kingdom), we do so on the basis of Standard Contractual Clauses. You are entitled to request a copy of our Standard Contractual Clauses using the contact details provided in Section (N) below.
Please note that when you transfer any Personal Data directly to Ehlers Estate, an entity founded outside the EEA, we are not responsible for that transfer of your Personal Data. We will nevertheless Process your Personal Data, from the point at which we receive those data, in accordance with the provisions of this Notice.
(H) Data security
|Summary – Data security|
|We implement appropriate technical and organisational security measures to protect your Personal Data. Please ensure that any Personal Data that you send to us are sent securely.|
We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.
Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.
(I) Data accuracy
|Summary – Data accuracy|
|We take every reasonable step to ensure that your Personal Data are kept accurate and upto- date and are erased or rectified if we become aware of inaccuracies.|
We take every reasonable step to ensure that:
- your Personal Data that we Process are accurate and, where necessary, kept up to date; and
- any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.
From time to time we may ask you to confirm the accuracy of your Personal Data.
(J) Data minimisation
|Summary – Data minimisation|
|We take every reasonable step to limit the volume of your Personal Data that we Process to what is necessary.|
We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Notice.
(K) Data retention
|Summary – Data retention|
|We take every reasonable step to ensure that your Personal Data are only retained for as long as they are needed in connection with a lawful purpose.|
We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Notice. The criteria for determining the duration for which we will retain your Personal Data are as follows:
- we will retain Personal Data in a form that permits identification only for as long as:
- we maintain an ongoing relationship with you (e.g., where you are an applicant or a grant-holder; user of our services, or you are lawfully included in our mailing list and have not unsubscribed); or
- your Personal Data are necessary in connection with the lawful purposes set out in this Notice, for which we have a valid legal basis (e.g., where your personal data are included in an agreement and we have a legitimate interest in processing those data for the purposes of operating our mission, conducting business, and fulfilling our obligations as investors; or where we have a legal obligation to retain your Personal Data),
- the duration of:
- any applicable limitation period under applicable law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Data, or to which your Personal Data are relevant); and
- an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim),
- in addition, if any relevant legal claims are brought, we continue to Process Personal Data for such additional periods as are necessary in connection with that claim.
During the periods noted in paragraphs (2)(a) and (2)(b) above, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.
Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either:
- permanently delete or destroy the relevant Personal Data; or
- anonymize the relevant Personal Data.
(L) Your legal rights
|Summary – Your legal rights|
|Subject to applicable law, you may have a number of rights, including: the right not to provide your Personal Data to us; the right of access to your Personal Data; the right to request rectification of inaccuracies; the right to request the erasure, or restriction of Processing, of your Personal Data; the right to object to the Processing of your Personal Data; the right to have your Personal Data transferred to another Controller; the right to withdraw consent; and the right to lodge complaints with Data Protection Authorities. In some cases, it will be necessary to provide evidence of your identity before we can give effect to these rights.|
Subject to applicable law, you may have the following rights regarding the Processing of your Relevant Personal Data:
- the right not to provide your Personal Data to us (however, please note that we will be unable to provide you with the full benefit of our Website or services, if you do not provide us with your Personal Data – e.g., we might not be able to process your requests without the necessary details or consider your application to a grant);
- the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
- the right to request rectification of any inaccuracies in your Relevant Personal Data;
- the right to request, on legitimate grounds:
- erasure of your Relevant Personal Data; or
- restriction of Processing of your Relevant Personal Data;
- the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
- where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
- the right to lodge complaints regarding the Processing of your Relevant Personal Data with a Data Protection Authority (in particular, the Data Protection Authority of the EU Member State in which you live, or in which you work, or in which the alleged infringement occurred, each if applicable).
Subject to applicable law, you may also have the following additional rights regarding the Processing of your Relevant Personal Data:
- the right to object, on grounds relating to your particular situation, to the Processing of your Relevant Personal Data by us or on our behalf; and
- the right to object to the Processing of your Relevant Personal Data by us or on our behalf for direct marketing purposes.
This does not affect your statutory rights.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Notice, or about our Processing of your Personal Data, please use the contact details provided in Section (N) below. Please note that:
- in some cases it will be necessary to provide evidence of your identity before we can give effect to these rights; and
- where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.
If you want to exercise your rights, please see section (N) for our contact details.
(M) Cookies and similar technologies
|Summary – Cookies and similar technologies|
|We Process Personal Data by using Cookies and similar technologies.|
(N) Details of Controllers
|Summary – Details of Controllers|
|There are several the Ehlers Estate entities that act as Controllers for the purposes of this Privacy Notice.|
For the purposes of this Notice, the relevant Controllers are:
|Controller entity||Contact details|
3222 Ehlers Lane
St. Helena, CA 94574
- “Adequate Jurisdiction” means a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
- “Cookie” means a small file that is placed on your device when you visit a website (including our Website). In this Notice, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
- “Controller” means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
- “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
- “EEA” means the European Economic Area.
- “Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
- “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- “Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
- “Profiling” means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- “Relevant Personal Data” means Personal Data in respect of which we are the Controller.
- “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that are deemed to be sensitive under applicable law.
- “Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.
- “Website” means the website operated, or maintained, by us or on our behalf.