Privacy Notice

Privacy Notice

Last updated: November 19, 2023

This Privacy Notice (“Privacy Notice”) describes how J. Lohr Winery Corporation and J. Lohr Vineyards (“J. Lohr”, “we,” or “us,”) handles your personal information when you:

• Visit and use our website at www.jlohr.com (“Site”)
• Visit our wine centers or sign up for our wine club services or newsletters (“Services”)
• Contact us or otherwise provide us with personal information.

The Site and our Services are collectively referred to as the “Platform”.

IF YOU ARE CALIFORNIA RESIDENT: If you are a resident of California, this entire Privacy Notice applies to you. However, please also see the section titled “Additional Notices for California Consumers” below, which will inform you in detail about our information collection practices and your specific rights.

IF YOU ARE A NEVADA RESIDENT: If you are a resident of Nevada, this entire Privacy Notice applies to you. However, please also see the section titled “ Additional Notices for Nevada Consumers ” below, which will also apply to you.

We recommend that you read this Privacy Notice carefully as it provides important information about your personal information. It also tells you about your rights under the law. If, after reviewing this Privacy Notice, you have any questions or concerns, please send us an email to info@jlohr.com.

Changes to This Privacy Notice

We may update this Privacy Notice from time to time. If we make material changes to this Privacy Notice, we will post our updated Privacy Notice on the Site, and for a reasonable period of time we will post notice of the change so it is visible to visitors after the change is posted. By your continued use of the Platform, you will be deemed to consent to the terms of the revised Privacy Notice.

What Personal Information Do We Collect?

Generally speaking, “personal information“ means any information about an individual from which that person may be identified. Personal Information includes obvious things, like your name, telephone number, email address and street address, as well as less obvious things like your IP address, device ID and location information. Personal information does not, however, include information from which the identity of an individual has been definitively removed (also known as anonymous or anonymized data).

In order to provide the Platform and Services, we collect various types of information. We collect personal information directly from you when you provide it to us, such as when you create an account with us or otherwise communicate with us verbally or in writing. We also may collect information indirectly, such as through automated technologies (e.g., cookies).

Personal Information You Provide to Us

General Inquiries

You can generally visit the Platform without having to submit any personal information about yourself to us. However, if you require more information about our Services, you may contact us via the Platform, in which case we will collect your name and email address, as well as any other information that you submit to us via email.

Services, Orders and Delivery

If you wish to use our Services, place an order for delivery or otherwise use our Services, you will be required to provide the following information:

• Full name
• Email address
• Phone number
• Billing and delivery address (if applicable)
• Age (for purchasing alcohol online)

When you check out, we will also collect your payment information, as explained in our Cookies section. Note that third party delivery providers may collect information from you as well, such as your driver’s license or other government issued document to verify your age for the delivery of alcohol. However, we do not receive this information from the third party delivery providers.

Personal Information We Collect Indirectly

Automatically-Collected Information

When you visit the Platform, we (or our authorized service providers) automatically collect information about the computer or devices (including mobile devices) you use to access the Platform, and your interactions with the Platform, such as through cookies and other automated technologies. For example, we may collect and store information such as your browser type, IP address, the state or country from which you accessed the Platform, unique device identifier, the pages you view, length of time spent on pages, the manner in which you use the Platform (e.g., the content you access, view, click on, search for etc.), the date and time of your visit, error logs, and other hardware and software information, as well as other geographic and demographic information.

We may use cookies and similar tools, to assist in collecting this information, as further explained below. We may use this information to formulate statistical models about use of the Platform, enhance the Platform for our users, and provide you with information about new opportunities, and tailored content, advertising, marketing and as otherwise discussed in this Privacy Notice.

For more information about our use of cookies and similar technologies, please see Cookies and Similar Technologies below.

Location Information

We or our authorized third–party service providers also collect broad geographic location (e.g., country or city-level location) based upon IP address, in order to determine the popularity of our products in certain locations and guide product updates and marketing strategies.

Please check your specific browser or device settings to disable location services.

Third Parties

We may collect personal information from third parties, such as our service providers, in connection with and in order to facilitate a transaction or so you can make a reservation at a tasting room. 

Payment Service Providers

For payment collection when you order online, we do not store your payment information. We use a third-party, PCI-compliant, payment processor, which collects payment information on our behalf in order to complete transactions. While we are able to view and track actual transactions, we do not have access to or process your credit card information.

Cookies and Similar Technologies

What are Cookies, Pixels and Local Storage?

The Site uses “cookie” technology and similar online tools, such as web beacons and web pixels. “Cookies” are small files that a website stores on a user’s computer or device and through which personal information may be collected. The Site use cookies for various purposes, including to keep the information you enter on multiple pages together.

Some cookies are first-party cookies – meaning our cookies – and others are third-party cookies, meaning that they are placed on the Site by authorized third parties, such as Google, YouTube. Most web browsers automatically accept cookies, but you may set your browser to block certain cookies (consult the instructions for your particular browser on how to do this). Please note that if you decide to block cookies, this may interfere with your ability to perform certain transactions, use certain functionality, and access certain content on the Site.

We use “session” cookies, meaning that they are automatically deleted from your hard drive after you close your browser at the end of your session. Session cookies are used to optimize performance of the Site and to limit the amount of redundant data that is downloaded during a single session. We also use “persistent” cookies, which remain on your computer or device unless deleted by you (or by your browser settings). We use persistent cookies for various purposes, such as statistical analysis of performance to ensure the ongoing quality of our Site.

Generally speaking, technologies that work like cookies include “pixels”, which many websites use to learn whether you’ve interacted with certain web or email content, and “local storage”, an industry-standard technology that allows a website or application to store information locally on your computer or mobile device.

Some of the cookies or similar technologies that we used are “essential” for the Site to function, while other are “functional” in that they allow sites to add additional functionality. Other cookies or similar technologies help us improve our Site and measure audiences through analytics, including via Google Analytics, as further explained below.

Finally, we also use “targeting” cookies for advertising and marketing purposes.

Your Choices

Most web and mobile device browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. Some browser manufacturers provide comprehensive help relating to cookie management in their products. Please see your web browser provider’s settings for more information.

You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies using different types of browsers or mobile devices.

You may also visit www.youradchoices.com to opt-out of targeted advertising online.

Please note, however, that by blocking or deleting all cookies used on the Site, you may not be able to take full advantage of the Site and you may not be able to properly log on to the Site. In addition, we cannot control how third parties track you across the Internet, irrespective of our activity.

Google Analytics

The Platform uses Google Analytics, a service that drops cookies and/or similar technologies to collect and store information about your device and use of the Platform. We use Google Analytics to calculate visitor, session and campaign data for analytics reports.

Learn more by reading Google’s privacy policy. You can opt-out from being tracked by Google Analytics on the Platform in a particular browser on a particular device by downloading and installing the Google Analytics Opt-out Browser Add-on for that browser.

Facebook Pixel

We use Facebook Pixels on our Platform, which tracks user behavior. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected via Facebook Pixel is anonymous to us, meaning that we do not see the personal information of individual users, however it is stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Privacy Policy. You may opt out by clicking here. You may also opt out by visiting the Network Advertising Initiative.

Social Plugins

We may use social plugins on our Platform and may include icons that allow you to interact with third-party social networks such as Facebook, YouTube, Twitter and Instagram. The third-party social plugins generally set a cookie when your browser creates a connection to the servers of such social networks and may transmit your personal information to the social networks. Your use of these social plugins, and your use of the products offered by these social networks, is subject to the privacy policies of the third-party social networks.

How We Use Your Information

We will use your information for the purpose for which you provided it or for which we collected it. We may use your information to:

• Provide the Platform and the Services, including to fulfill orders.
• Respond to your inquiries and communicate with you, including for customer service purposes.
• Better understand how our Platform is used, and what Services users may be interested in.
• Improve and enhance your experience with the Platform, including the content and general administration of the Platform.
• Market or advertise new products and Services to you, such as via email or when you opt-in to receive text messages.
   
• Retain records as may be required for tax, legal and financial purposes.
• Provide information to regulatory bodies when legally required, and only as outlined in this Privacy Notice.
• Comply with the law.

Text Messages
 

When you opt in for our text message (SMS) service, we may also collect the information you provide, including your telephone number(s), when you read a text message, and information relevant to any request you make to opt-out from receiving text messages. We will use your information to provide you with customer service and for marketing purposes. If you do not wish to receive such notifications via text message, you can choose to opt-out of receiving such information. It is our policy that text messages will contain a "STOP" function, along with instructions on how to execute the opt-out function. Messaging and data rates may apply. By signing up, you are confirming you are over the age of 21.

Do Not Track Signals and Global Privacy Control

We will not respond to your selection of the “Do Not Track” setting that may be offered by your browser. We do respond to the Global Privacy Control.

Disclosure of Your Information

We may disclose your information in the following ways:

• We may share information about you with the following types of companies:
• Companies that perform services on our behalf, such as website hosting and ecommerce services, communication tools
• Analytics partners
• Advertising and marketing partners, such as Facebook Pixel as explained below.

In some cases, these third parties or service providers collect information directly from you via the Platform.

• We may disclose your information with any person or entity where we believe in good faith that such disclosure is necessary or otherwise appropriate to: (a) comply with the law or in response to a valid subpoena, court order, government request, or other valid legal process; (b) produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings; (c) protect the interests, rights, safety, or property of J. Lohr or others; or (d) enforce our rights or other contractual obligations.
• We may transfer your personal information to a third party in the event of any reorganization, merger, sale, joint venture, financing, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• We may disclose your information with any person or entity when we have your consent.
• We may use and disclose non-personal information about you or use of the Platform and Services, including any de-identified and aggregated data with third parties without limitation.

Security And Account Protection

We have implemented commercially reasonable physical, administrative, technical, and electronic security measures designed to protect against the loss, misuse, and alteration of your personal information. Despite our efforts, however, no security measures are perfect or impenetrable, and we do not promise that your information will remain secure.

We appreciate your help in safeguarding the integrity of your own and others’ privacy. We encourage you to let us know immediately if you suspect that any personal information you shared with us is being used contrary to this Privacy Notice.

Children’s Information

J. Lohr’s Platform is not directed toward persons under twenty-one (21) years of age. We do not knowingly market to or collect any personal information from children under the age of twenty-one (21). If you are under twenty-one (21), you are not permitted to submit any personal information to us.

If you are a parent or guardian, and believe that we have the personal information of your minor child in our database, please contact us immediately at info@jlohr.com to request that we remove such information from our records.

International Transfers

We are located in the United States. As such, the Platform and Services are intended for use in the United States and the personal information that we collect is stored on servers located in the United States. This means that your personal information will be collected, processed and stored in the United States, which may have data protection laws that are different from (and sometimes less protective than) the laws of your country or region.

By sending us personal information, you agree and consent to the processing of your personal information in the United States, which may not offer an equivalent level of protection to that required in other countries (particularly the European Union), and to the processing of that information by us on servers located in the United States, as described in this Privacy Notice.

How Long Do We Keep Your Personal Information? 

Your personal information is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.

In order to determine the most appropriate retention periods for your personal information, we consider the amount, nature and sensitivity of your personal information, the reasons for which we collect and process your personal information, best practices, and applicable legal requirements. When we have no ongoing legitimate business need or specific obligation to process your personal information, we will either delete or anonymize it (see below) or, if this is not possible (for example, because your personal information has been stored in backup archives), we will securely store your personal information and isolate it from any further processing. Some exceptions from static retention periods may occur. For instance, we cannot delete personal information when there are legal obligations to retain it (e.g., arising from tax or commercial law). This is particularly true of financial data and payment information. Additionally, we cannot delete personal information when it is needed for the establishment, exercise or defense of legal claims (“litigation hold”). In this case, the personal information can be retained as long as needed for exercising respective potential legal claims.

In some instances, we may choose to anonymize your personal information instead of deleting it, for statistical use, for instance. When we choose to anonymize, we implement measures so there is no way that the personal information can be linked back to you or any specific user.

Contacting Us

Should you have any questions about this Privacy Notice, contact us by sending an email to info@jlohr.com or writing to us at ATTN: Controller, J. Lohr Vineyards & Wines, 1000 Lenzen Avenue, San Jose, CA 95126.

Additional Information for California Residents

This Privacy Notice for California Residents (“CCPA Notice”) supplements the information contained in the Privacy Notice and applies solely to all visitors, users, and others who reside in the State of California (“Consumers”). We have created this CCPA Notice in order to comply with the California Consumer Privacy Act of 2018 (“CCPA”).

Information Not Covered by this CCPA Notice

This CCPA Notice does not address or apply to personal information that we collect about employees, contractors or job applicants.

CATEGORIES OF PERSONAL INFORMATION WE COLLECT

J. LOHR COLLECTS PERSONAL INFORMATION (BOTH ONLINE AND OFFLINE) AS THAT TERM IS DEFINED IN CCPA: 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 DEVICE. IN PARTICULAR, WITHIN THE LAST TWELVE (12) MONTHS, J. LOHR HAS COLLECTED THE FOLLOWING CATEGORIES OF PERSONAL INFORMATION FROM CONSUMERS:

Personal information does not include:

• Information that is not or cannot reasonably be linked to you;
• Publicly available information from government records;
• Deidentified or aggregated Consumer information; and/or
• Certain other information that is already regulated by other laws or regulations.

As explained in more detail in our What Personal Information section, J. Lohr obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. When you send us an email. This includes the following categories of personal information:

(A) Identifiers

(B) Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

(D) Commercial information

(G) Geolocation data

• Indirectly. For example, from observing your actions on our Site, including by the use of cookies. This includes the following categories of personal information:

(A) Identifiers

(F) Internet or other electronic network activity information
(G) Geolocation data

USE OF PERSONAL INFORMATION

WE MAY USE THE PERSONAL INFORMATION WE COLLECT FOR ONE OR MORE OF THE FOLLOWING BUSINESS PURPOSES:

Disclosure of Personal Information to Service Providers

J. Lohr may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract 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 services for us.

As explained in more detail above, we share your personal information with certain categories of service providers who assist us in providing our Platform and Services and with our business. In the preceding twelve (12) months, J. Lohr has disclosed the following categories of personal information for a business purpose:

(A) Identifiers

(B) Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

(D) Commercial information

(F) Internet or other electronic network activity information

(G) Geolocation data

(K) Inferences

We disclose your personal information for a business purpose to the following categories of service providers or third parties:

• Companies that do things to help us provide the Site: hosting service providers, e-commerce providers, analytics providers, payment service providers, communication tools; and
• Professional service providers, such as auditors, lawyers, consultants, accountants and insurers.

Sales of Personal Information

We may share your personal information with third parties in ways that may constitute a “sale” or a "sharing" under CCPA. CCPA defines a “sale” and "share" very broadly. In the preceding twelve (12) months, J. Lohr has shared with third parties the following categories of personal information:

• A. Identifiers
• B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• F. Internet or other similar network activity
• G. Geolocation data
• K. Inferences
   

Such information is provided to third parties for advertising and marketing purposes. You may request that we not “sell” or "share" your personal information on a going-forward basis.

Your Rights and Choices Under CCPA

The CCPA provides Consumers with specific rights regarding their personal information, provided that we are able to verify their identities. This section describes your CCPA rights and explains how to exercise those rights.

To exercise you right to opt-out of the sale or share of your personal information, please click: Do Not Sell or Share My Personal Information.

Access to Specific Information, Correction Rights and Data Portability Rights

You have the right to request that J. Lohr disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive your request and verify your identity (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you;
• The categories of sources for the personal information we collected about you;
• Our business or commercial purpose for collecting or selling that personal information;
• The categories of third parties with whom we share that personal information; and
• The specific pieces of personal information we collected about you (also called a data portability request).

You also have the right to request that J. Lohr correct inaccurate personal information we have about you.

We do not collect, sell or share Sensitive Personal Information (as defined under the CCPA), so we do not provide the ability to opt-out of such sales or sharing of your Sensitive Personal Information or to limit the use of your Sensitive Personal Information.

You may have the right to receive information about the financial incentives that we offer to you, if any, as set forth below.

Notice of Financial Incentive

You have the right to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights. However, the CCPA allows us to offer certain financial incentive programs that may result in different prices, rates, or quality levels as long as we obtain your prior opt-in consent and the difference in price, rates or quality levels is directly related to the value that is provided to us by your personal information. We currently provide the following financial incentive program:

By participating in the above financial incentive program, you agree that the benefits are reasonably related to the value of the personal information collected and retained.

Participation in our financial incentive program is entirely optional and voluntary, and participants can withdraw from the program at any time. To withdraw from our financial incentive program, you may do so by contacting us at info@jlohr.com.
 

Deletion Request Rights

You have the right to request that J. Lohr delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive your request and verify your identity (see Exercising Access, Data Portability, and Deletion Rights), 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) for certain reasons as permitted and set forth in the CCPA. These reasons include (just to name a few):

• Completing the transaction for which the personal information was collected;
• Providing a good or service requested by you;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible for such activities;
• Debugging products to identify and repair errors that impair existing intended functionality;
• Complying with a legal obligation;
• Making other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, Data Correction and Deletion Rights

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your personal information. You may also make a verifiable Consumer request on behalf of your minor child.

An authorized agent is a natural person or a business entity registered with the Secretary of State that a Consumer has authorized to act on his or her behalf. When a Consumer uses an authorized agent to submit a request to know or a request to delete, J. Lohr may require that the Consumer provide the authorized agent written permission to do so and verify their own identity directly with J. Lohr, unless the Consumer has provided the authorized agent with a valid power of attorney. J. Lohr may deny a request from an agent that does not submit proof that they have been authorized by the Consumer to act on his or her behalf.

To exercise the access, data portability, correction and deletion rights described above, please submit a verifiable Consumer request to us by sending us an email at info@jlohr.com.

You may only make a verifiable Consumer request for access or data portability twice within a twelve (12) month period. The verifiable Consumer 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 cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable Consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account as a reasonable step toward verification when the request relates to personal information associated with that specific account. Please note that the methods for verification are set forth in the CCPA, which also requires us to consider a number of factors, such as type, sensitivity and value of the personal information or risk of harm posed by unauthorized access or deletion, on a case-by-case basis.

We will only use personal information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of the verifiable Consumer’s request. If applicable, our response we provide will also explain the reasons we cannot comply with a request. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable Consumer 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.

Non-Discrimination

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. Please note that to use our Services, we do require the collection of your personal information, for example to sign up or in order to complete a paid transaction. While you may request to delete your personal information under CCPA, such deletions may affect J. Lohr’s ability to offer the Services.

Questions

If you have any questions regarding this CCPA Notice, please contact J. Lohr at info@jlohr.com.

Additional Information for Nevada Residents

We do not sell your Personal Information within the scope of, and according to the defined meaning of a “sale” under, NRS 603A.