Residents)

If you are a resident of the United States, please click here for our Privacy Policy.

Effective Date: 8/17/2020

Last Revised:

Acker, Merrall & Condit Company and its affiliates, including, without limitation, Acker

Auction, Inc., Acker, Merrall & Condit (Asia) Ltd, Acker London Ltd., Acker Auction DE,

LLC and The Wine Workshop LLC (collectively, “Acker”, “we”, “us” or “our”) advertises,

promotes, sells and auctions wine, spirits and other alcoholic beverages, and related

products (collectively, “Products”) and provides other information and news related to

Products, in a variety of media (collectively with Products, the “Products & Services”).

We provide the Products & Services through a variety of methods, including, but not

limited to, auctions, consignments, wine seminars, tastings and other events, and

general purchases and interactions via our different social media and digital platforms

(collectively, the “Offerings”).

Please note that we use CCTV video at our various premises for security reasons. As

such, your physical presence at any of our premises may result in your image being

recorded and collected by Acker. We retain such video recordings no longer than

necessary in view of the purpose for which they were collected.

We consider the privacy of your data and information, whether corporate or personal, to

be of paramount importance. Information we gather from you as a customer not only

enables the transactions and interactions between us, but also helps us continually

improve your experience with us and keep you informed of upcoming auctions, events

and other services that might interest you. This document constitutes a notice (the

“Policy”) from Acker to all customers or other individuals (“customer” or “you”) whose

personal data is provided to or collected by us, by or through any of our Offerings, and

which is subject to the General Data Protection Regulation ("GDPR") (Regulation (EU)

2016/679 of April 27, 2016). We will treat personal data which is not subject to the

GDPR or the California Consumer Privacy Act of 2018 in the same manner as

described in this Policy.

Throughout this Policy, the expression “personal data” refers to any information relating

to an identified or identifiable natural person, as defined by the GDPR. This Policy aims

to inform you of the conditions under which your personal data is collected and

processed by us and the rights that you have regarding this data. We will not sell,

share, or rent your personal data to others in ways different from what is disclosed in

this Policy.

1. PERSONAL DATA WE COLLECT AND PROCESS.

In the course of our in-person interactions with you, and via our website (the “Website”)

and mobile application (collectively with Website, the “Digital Platforms”), we collect the

following personal data because it is necessary for the provision of our services in

accordance with our Website and Mobile App Terms of Use.

(a) Information Automatically Collected.

Generally:

When you visit our Website (regardless of whether you create a user profile), the

following information about your visit is automatically collected by us, as it is sent by

your browser when you access any webpage:

• your computer’s or mobile device’s operating system;

• the application or software that you used to access our Website;

• the time you accessed our Website;

• your browser type, language configuration, clicks and page views;

• the terminal with which you accessed our Website; and

• the websites you visited before accessing our Website.

This information is logged automatically and is stored for 7 years, and in any case, for

no longer than necessary in relation to the purpose for which it is being processed. The

aim of this automatic collection and processing is to obtain visit statistics in order to

improve our Website and your experience as a customer. In particular, we use IP

addresses to analyze trends, administer the Website and gather broad demographic

information for aggregate use. We may use “clear GIFs” (also known as “web beacons”

or “pixel tags”) or similar technologies, in the Website and/or in our communications with

you, to enable us to evaluate Website usage information about visitors to our Website,

target campaigns, upgrade visitor information and know whether you have visited a web

page or received a message. A clear GIF is typically a one-pixel transparent image

(although it can be a visible image as well), located on a web page or in an e-mail or

other type of message, which is retrieved from a remote site on the Internet thus

enabling the verification of an individual’s viewing or receipt of a web page or message.

A clear GIF may enable us to relate your viewing or receipt of a web page or message

to other information about you, including your personal information.

We offer sign-on services that allow you to use third party login credentials to access

our Website. You may choose to provide us with access to certain personal data stored

by such third party websites. The personal data we have access to varies by website

and is controlled by your privacy settings on that website and your consent. By

associating an account managed by a third party with your Acker account and

authorizing Acker to have access to this information, you agree that Acker may collect,

use and store personal data from those websites in accordance with this Policy.

Cookies:

We collect and use cookies via the Website. A cookie is a piece of data stored on your

hard drive containing information related to your visit to our Website. We use cookies

on certain of our pages to help analyze our web page flow, customize our services,

content and advertising, measure promotional effectiveness and promote trust and

safety. Cookies track your movement on our Website, including what you view, and

your transactions and purchases. They essentially serve to improve and personalize

your experience on our Website.

A few important things you should know about our use of these technologies are that:

• we offer certain features that are available only through the use of cookies and

are therefore one of the primary ways in which we announce a new feature that was

added since the last time you visited our Website;

• we use cookies to help identify you, track information about you and maintain

your signed in status;

• most cookies are “session cookies,” meaning that they are automatically

deleted from your hard drive at the end of a session;

• you are always free to decline our cookies if your browser permits, although

doing so may interfere with your use of our Website or Products & Services;

• you may encounter cookies from certain third parties, known as service

providers, that we have allowed on our Website and that assist us with various aspects

of our Website operations and services; and

• you also may encounter cookies from third parties on certain pages of our

Website that we do not control and have not authorized (for example, if you view a web

page created by another user, there may be a cookie placed by that web page).

We also collect and use certain cookies on our Mobile App in order to improve your user

experience. We do not use third-party cookies on the Mobile App.

The storage duration of cookies on our Digital Platforms differs depending on the

cookie, but is never longer than ninety (90) days.

Google Analytics:

Please note that we use a tool called “Google Analytics”, and tools within it such as

Google Tag Manager and Google Firebase Analytics, to collect information about the

use of our Digital Platforms. Google Analytics collects use information regarding how

often users visit the Digital Platforms, what device they are using and what pages they

visit when they do so, and what other sites they visited prior to coming to our Website.

We use the information we get from Google Analytics to improve our Digital Platforms.

Google Analytics collects only the IP address assigned to you on the date you visit our

Digital Platforms, rather than your name. Google’s ability to use and share information

collected by Google Analytics about your visits to the Digital Platforms is restricted by

the Google Analytics Terms of Use and the Google Privacy Policy, found here.

Disabling Cookies and Google Analytics:

Most web browsers or Flash players have functionalities that can be set to block or

refuse the use of cookies on our Website. However, refusing a cookie may, in some

instances, hinder or curtail your user experience on our Website or certain areas of it.

You may disable all cookies as well as the use of Google Analytics for the Digital

Platforms by selecting the “Do Not Track” option available in your user profile, as well as

at the bottom of this Policy. By visiting the Digital Platforms without disabling these

functions, you accept the collection and use of cookies and of Google Analytics.

(b) Information Directly Collected.

The categories of information that we collect directly from you are: personal details

(e.g., name, date of birth), contact details (e.g., phone number(s), email address(es),

postal address), transaction information (e.g., bidding or purchase records, shipping

details, information about items you purchase or wish to consign or have appraised),

limited financial information (e.g., tokenized payment information in connection with your

purchases, wire instructions), information about your property in our possession or

storage, username and password, and identification information to enable account

recovery.

We collect this information from you in person (for example, at one of our wine events,

seminars or auctions) or via our Digital Platforms, as further outlined below.

Registration and User Profiles:

In order to use certain features of our Digital Platforms (e.g., placing an order, using our

Website or mobile app bidding platforms or viewing information related to an account)

and in order to participate in our auctions or certain other in-person events, you must

PHP hash protected. You may register for a user profile using our Digital Platforms or

in person at certain Acker events such as live auctions. The following information is

collected to create this profile:

• your name and contact information, including your phone number(s) and email

address(es).

• if you wish to participate in an auction or make other purchases, billing

information.

If your password has been compromised for any reason, you should immediately notify

Acker and change your password. We will never request your password or other highly

sensitive information via e-mail. If you receive an e-mail or other correspondence

requesting that you provide any sensitive information (including your Digital Platforms

password or credit card information) via e-mail or to a website that does not seem to be

affiliated with our Digital Platforms, or that otherwise seems suspicious to you, please

do not provide such information, and report such request to us.

This information is stored until you request the deletion of your user profile, provided

that there is no legal requirement for its retention, or until the profile is erased by Acker.

The profile will be erased after 7 years of inactivity, in compliance with Article 5(1)(e) of

the GDPR.

Orders:

When you order or bid on Products using the Digital Platforms or in-person (such as at

our retail store or at a live auction), we may request the following information:

• shipping details, including recipient name and phone number, street address,

city, state/province, ZIP code and country (with respect to the purchase of non-auction

and auction wines, spirits and other alcoholic beverages, please refer to our Retail

Conditions of Sale and relevant auction Conditions of Sale, as applicable, for

information regarding shipping and delivery policies);

• billing details, if different from the shipping details (which requires the same

information as for the shipping details); and

• credit card information.

This information is used for billing purposes, reporting and to process your order(s).

Shipping and billing details are stored until you request the deletion of your user profile,

provided that there is no legal requirement for its retention, or until the profile is erased

by Acker, as stated above. Your credit card information is tokenized and such token is

stored until you remove this functionality from your user account, or until your user

account is deleted.

Contact Form:

You may use the Website contact form to send a message to Acker, or request

information, including in order to exercise your rights as detailed in this Policy. When

filling out the contact form, we request the following information:

• name;

• email address;

• type of assistance required; and

• your message (via a free-form field).

This information is required in order to process your message and answer your request,

and is stored only as long as necessary in order to fully process your request.

2. PROMOTIONAL CONTENT.

We offer promotional and marketing emails to keep you updated on our Offerings,

including sending you Product recommendations and other non-transactional

communications about us and our partners (“Promotional Content”). We request user

consent prior to sending you Promotional Content.

Consent may be given by you upon registration for a user profile by expressly opting in

to receive Promotional Content. Receipt of Promotional Content is opt-in only, and you

must communicate an email address to subscribe to it. You can choose to unsubscribe

at any time, by: (1) clicking the “unsubscribe” link at the bottom of any email containing

Promotional Content, which will take you to your account on the Website; (2) directly

through the account section on either of the Digital Platforms; or (3) by contacting Acker

directly.

The information discussed in this Section 2 may also be processed in order for us to

more effectively market our Offerings so that they are relevant to you, as necessary for

our legitimate interest in conducting direct marketing to increase sales or to the extent

you have provided your prior separate consent.

3. PERSONAL LOCATION AND SHARING.

(a) Data Location.

We inform you that the personal data we collect is located in the United States of

America. By using our Digital Platforms, you are consenting to the transfer of your

personal data to the United States of America, and you acknowledge that the personal

data may be transferred for the purpose of fulfilling our business transactions with you.

(b) Sharing with Third Parties.

We inform you that we may share your information with industry partners in order to

improve the manner in which we promote our Products & Services, and in order to host

our live events (such as auctions). We also share aggregated demographic and use

information with analytics services in order to market our Products & Services more

effectively.

We outsource certain activities such as order shipments, marketing assistance, postal

and email delivery, customer service, and data analysis, and we use a credit card

processing company to bill users for goods and services. These companies do not

retain, share, store or use personal data for any secondary purposes and are not

allowed to use personal data, except for the purpose of providing these services. Our

agreements with these third parties contain data protection clauses that guarantee

appropriate customer safeguards.

4. LINKS.

The Website may contain links to other websites. Please be aware that Acker is not

responsible for the privacy practices of such other sites. We encourage you to be

aware when you leave our Website and to read the privacy statements of all other sites

you visit that collect personal data.

5. YOUR RIGHTS.

You have the following rights regarding your personal data that is collected and

processed by us.

We will attempt to notify each recipient to whom your personal data has been disclosed

(unless this proves impossible or involves disproportionate effort) when you notify us of

a rectification or erasure of your personal data or a restriction of processing.

(a) Right of Access.

You may request access to your personal data that we collect and process. Should you

request such access, we will provide you with a copy of all your personal data in our

possession as well as all legally required information, including:

• the purposes of the processing;

• the categories of personal data concerned;

• the recipients to whom the personal data have been or will be disclosed;

• the duration of storage of the personal data; and

• further information on your rights regarding your personal data.

(b) Right to Data Portability.

You have the right to data portability of your personal data. This right differs from your

right to access since it only relates to the personal data you provided us with (for

example, automatically collected data is not included). This right allows you to receive

this personal data in a structured, commonly used and machine-readable format in

order for you to be able to transfer this personal data to another data controller or

processor.

You may, at any time, request that we rectify inaccurate or incomplete personal data

concerning you and we will proceed accordingly and promptly.

(d) Right to Erasure (a.k.a. “Right to be Forgotten”).

You may request the erasure of your personal data provided that one of the following

conditions apply:

• your personal data is no longer necessary in relation to the purposes for which

it was collected or otherwise processed;

• you withdraw your consent for the processing and there is no other legal

ground for the processing (this only relates to the personal data collected for

Promotional Content purposes);

• you exercise your right to object to the processing of your personal data, as

detailed below;

• your personal data was unlawfully processed; or

• your personal data has to be erased to comply with a legal obligation to which

we are subject.

(e) Right to Object.

Where your personal situation justifies it, you may object to the processing of your

personal data by us when this processing is carried out in our legitimate interests. You

may also, at any time, object to the processing of your personal data by us when this

processing is carried out for marketing purposes.

(f) Right to Restriction of Processing.

You may ask for the restriction of the processing of your personal data when one of the

following applies:

• where you contest the accuracy of your personal data, you can request the

restriction of the processing of your personal data for the period required to verify your

claim;

• where the processing is unlawful, you may choose to request the restriction of

the use of your personal data instead of requesting its erasure;

• if we no longer need your personal data for the purpose of the processing, but

you require this data for the establishment, exercise or defense of legal claims; or

• where you objected to the processing of your personal data carried out in our

legitimate interests, you may request the restriction of this processing while we

investigate your claim.

6. SECURITY.

We have implemented appropriate security measures in order to protect your personal

data, both online and off-line. These include firewalls, IP blacklisting, protections from

brute force attacks, and other general security practices such as disabling ping-backs

and track-backs. We also utilize sophisticated third-party providers for secure server

infrastructure, as well as other generally accepted physical safeguards.

7. NOTIFICATION OF CHANGES.

We will update this Policy when necessary to reflect customer feedback, changes in our

Products & Services, or legal changes. When we post changes to this Policy, we will

revise the “Last Revised Date” at the top of the Policy and will also describe the

changes at the top of the Policy, so you are always aware of what information we

collect, how we use it, and under what circumstances, if any, we disclose it.

If there are material changes to the Policy, including how we will use your personal

data, we will notify you either by prominently posting a notice of such changes before

they take effect or by directly sending you a notification. We encourage you to

periodically review this Policy to learn how Acker is processing your information. A

banner informing you of any material changes in this Policy will be displayed on the

Website for two weeks after the change.

If at any point we decide to use personal data for purposes incompatible with those

stated at the time it was collected, we will notify you by way of an email whenever

possible, or by displaying a banner requesting consent to this change for two weeks

before the change takes place. You will have the option to refuse the change and

request the deletion of your user profile and personal data.

8. NON-PERSONAL DATA.

This Policy discloses the treatment of any personal data provided to or collected by

Acker via any of our Offerings. The treatment of any non-personal data is addressed in

our Website and Mobile App Terms of Use.

9. CONTACTING US AND EXERCISING YOUR RIGHTS.

Should you have any questions regarding this Policy or should you wish to exercise one

or more of the rights detailed above in Section 5, you may contact us at

[email protected]. An identity verification document will be required should you

wish to exercise any such rights in order to ensure that no third party can gain access to

your personal data.

Should a disagreement arise (including where a dispute is not resolved by an amicable

settlement), you can always contact the competent personal data protection authority to

lodge a complaint. Our lead data protection authority is the following:

• in the United Kingdom, the ICO, whose website is accessible at the following

address: https://ico.org.uk.