If you are not a resident of the United States, please click here for our Privacy Policy.

Effective Date: 8/17/2020

Last Revised Date:

Last Reviewed Date: 8/17/2020

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

be of paramount importance. Information we gather from you as a consumer 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 who reside in the United States

(“consumers” or “you”) regarding the collection and processing of their personal

information which is provided to or collected by us, by or through any of our Offerings.

This Policy and our practices comply with the California Consumer Privacy Act of 2018

(“CCPA”) and any terms defined in the CCPA have the same meaning when used in

this Policy. The treatment of any non-personal information is addressed in our Website

and Mobile App Terms of Use (found here).

1. COLLECTION OF INFORMATION.

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

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

information that identifies, relates to, describes, references, is capable of being

associated with, or could reasonably be linked, directly or indirectly, with a particular

consumer or household (collectively, “personal information”). In particular, we have

collected the following categories of personal information from consumers within the last

twelve (12) months:

Personal information does not include publicly available information from government

records or de-identified or aggregated consumer information. Acker obtains the categories

of personal information listed above either directly or indirectly from you.

(a) 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

CATEGORY EXAMPLES COLLECTED

A. Identifiers.

A real name, alias, postal address, unique personal identifier,

online identifier, Internet Protocol address, email address,

account name, or other similar identifiers.

YES

B. Personal information categories

listed in the California Customer

Records statute (Cal. Civ. Code §

1798.80I).

A name, signature, address, telephone number, driver’s license

or state identification card number, employment, bank account

number, credit card number, debit card number, or any other

financial information.

YES

C. Protected classification

characteristics under California or

federal law.

Age (40 years or older), race, color, ancestry, national origin,

citizenship, religion or creed, marital status, medical condition,

physical or mental disability, sex (including gender, gender

identity, gender expression, pregnancy or childbirth and related

medical conditions), sexual orientation, veteran or military

status, genetic information (including familial genetic

information).

D. Commercial information.

Records of personal property, products or services purchased,

obtained, or considered, or other purchasing or consuming

histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological

characteristics, or activity patterns used to extract a template

or other identifier or identifying information, such as,

fingerprints, faceprints, and voiceprints, iris or retina scans,

keystroke, gait, or other physical patterns, and sleep, health, or

exercise data.

Internet or other similar network

activity.

Browsing history, search history, information on a consumer’s

interaction with a website, application, or advertisement.

YES

G. Geolocation data. Physical location or movements. NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar

information.

I. Professional or employment-

related information.

Current or past job history or performance evaluations. NO

J. Non-public education information

(per the Family Educational Rights

and Privacy Act (20 U.S.C. Section

1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an

educational institution or party acting on its behalf, such as

grades, transcripts, class lists, student schedules, student

identification codes, student financial information, or student

disciplinary records.

K. Inferences drawn from other

personal information.

Profile reflecting a person’s preferences, characteristics,

psychological trends, predispositions, behavior, attitudes,

intelligence, abilities, and aptitudes.

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 herein.

(b) Information Automatically/Indirectly 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.

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 information stored

by such third party websites. The personal information 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

information from these 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).

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.

2. USE OF PERSONAL INFORMATION.

We may use or disclose the personal information we collect for one or more of the

following purposes:

• to fulfill or meet the reason you provided the information (for example, if you

share your name and contact information to request a price quote, ask a question about our

Products & Services, or to register for one of our seminars or auctions, we will use that

personal information to respond to your inquiry or meet your request; if you provide your

personal information to purchase a product or service, we may use that information to

process your payment and, depending on the product or service, facilitate delivery; we may

also save your information to facilitate new product orders or process returns);

• to provide, support, personalize, and develop our Products, & Services, as well as

our Offerings;

• to create, maintain, customize and secure your personalized account with us;

• to process your requests, purchases, transactions and payments, and prevent

transactional fraud;

• to provide you with support and respond to your inquiries;

• to provide you with details about upcoming auctions, events and other services

that might interest you;

• to help maintain the safety, security and integrity of our Digital Platforms and

Products & Services;

• to respond to law enforcement requests and as authorized or required by

applicable law, court order, or governmental regulation; and

• as described to you when collecting your personal information or as otherwise set

forth in the CCPA.

Acker will not collect additional categories of personal information or use the personal

information we collected for materially different, unrelated or incompatible purposes

without providing you with notice.

3. SHARING OF PERSONAL INFORMATION.

Acker may disclose your personal information to a third party for a business purpose.

When we disclose personal information for a business purpose, we enter into a contract

with that service provider that describes the purpose and requires the recipient to both

keep that personal information confidential and not use it for any purpose except

performing the contract.

(a) Disclosures of Personal Information for a Business Purpose.

In the preceding twelve (12) months, Acker has disclosed the following categories of

personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial information.

Category F: Internet or other similar network activity.

We share your personal information with the following categories of third parties:

• service providers;

• data aggregators; and

• analytics services.

(b) Sales of Personal Information.

We do not sell your personal information.

4. RIGHTS REGARDING PERSONAL INFORMATION.

You have certain specific rights regarding your personal information, as outlined below.

(a) Access and Portability Rights.

You have the right to request that Acker disclose certain information to you about our

collection and use of your personal information over the past 12 months. Once we receive

and confirm your request, we will disclose to you:

• the categories of personal information we collected about you;

• the sources for the personal information we collected about you;

• our business or commercial purpose for collecting or disclosing that personal

information;

• the categories of third parties with whom we share that personal information;

• the specific pieces of personal information we collected about you; and

• if we disclosed your personal information for a business purpose, the personal

information categories that each category of recipient obtained.

(b) Deletion Request Rights.

You have the right to request that Acker delete any of your personal information that we

collected from you and retained, subject to certain exceptions. Once we receive and

confirm your request, we will delete (and direct our service providers to delete) your

personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our

service provider(s) to:

• complete the transaction for which we collected the personal information, provide

a good or service that you requested, take actions reasonably anticipated within the

context of our ongoing business relationship with you, or otherwise perform our contract

with you;

• detect security incidents, protect against malicious, deceptive, fraudulent, or

illegal activity, or prosecute those responsible for such activities;

• debug products to identify and repair errors that impair existing intended

functionality;

• exercise free speech, ensure the right of another consumer to exercise their free

speech rights, or exercise another right provided for by law;

• comply with the California Electronic Communications Privacy Act (Cal. Penal

Code § 1546 et. seq.);

• engage in public or peer-reviewed scientific, historical, or statistical research in

the public interest that adheres to all other applicable ethics and privacy laws, when the

information’s deletion may likely render impossible or seriously impair the research’s

achievement, if you previously provided informed consent;

• enable solely internal uses that are reasonably aligned with consumer

expectations based on your relationship with us;

• comply with a legal obligation; and

• make other internal and lawful uses of that information that are compatible with

the context in which you provided it.

To exercise one or more of the rights described above in this Section 4 please submit a

verifiable request to us by either:

• calling us at 877-ACKER-47 (877-225-3747); or

• emailing [email protected].

Only you, or someone legally authorized to act on your behalf, may make a verifiable

consumer request related to your personal information. You may also make a request on

behalf of your minor child. You may only make a verifiable consumer request for access or

data portability twice within a 12-month period. The request must:

• provide sufficient information that allows us to reasonably verify you are the

person about whom we collected personal information or an authorized representative;

and

• describe your request with sufficient detail that allows us to properly understand,

evaluate, and respond to it.

We will only use personal information provided in a verifiable consumer request to verify

the requestor’s identity or authority to make the request. We endeavor to respond to a

verifiable consumer request within 45 days of its receipt. If we require more time (up to 90

days), we will inform you of the reason and extension period in writing. If you have an

account with us, we will deliver our written response to the email address associated with

that user account. If you do not have an account with us, we will deliver our written

response by mail or electronically, at your option. Any disclosures we provide will only

cover the 12-month period preceding the verifiable consumer request’s receipt. The

response we provide will also explain the reasons we cannot comply with a request, if

applicable.

We will not charge a fee to process or respond to your request unless it is excessive,

repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we

will tell you why we made that decision and provide you with a cost estimate before

completing your request.

5. 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 register

for a user profile and be granted a username and password. Your password is 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.

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.

6. SECURITY.

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

information, 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. 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 7 may also be processed in order for us to more

effectively market our Offerings so that they are relevant to you.

8. NON-DISCRIMINATION.

We will not discriminate against you for exercising any of your rights under this Policy.

9. CHILDREN’S ONLINE PRIVACY PROTECTION.

We will not knowingly collect personal information from any person that is actually known

to us to be a child under the age of 16. IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE DO

NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.

10. CHANGES TO OUR PRIVACY POLICY.

We reserve the right to amend this Policy at our discretion and at any time. We will take

appropriate measures to inform you of material changes to this Policy, consistent with the

significance of the changes we make, including by email or by notification on our Digital

Platforms. If you do not agree with the changes, you should notify us and immediately stop

using the Digital Platforms. You can see when this Policy has been last updated and

reviewed by checking the “Last Revised” and “Last Reviewed” dates displayed on the top of

the Policy.

11. CONTACT INFORMATION.

If you have any questions or comments about this Policy, the ways in which we collect and

use your personal information, or your choices and rights regarding such use, please do not

hesitate to contact us at [email protected] or via 877-ACKER-47 (877-225-3747).