TRADEMARKS   Gran Malo is a registered trademark of E. & J. Gallo Winery.         USER AGREEMENT   Terms Of Use Welcome to our website. The following Terms of Use (“Terms Of Use”) govern your use of this website. These Terms of Use also apply to your use of our mobile apps and our official social media channels, including on Facebook, Twitter, Instagram, and LinkedIn (“Social Media Sites”), to the extent permitted by the social media platform’s terms of use. References to “we,” “our,” “us” or “Our Brand” herein refer to E. & J Gallo Winery, and its brands, affiliates and service providers, and references to our “Site” refer to this website, our mobile apps, and our Social Media Sites. THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE BELOW.
  1. By Using Our Site, You Agree to These Terms of Use
We may modify these Terms of Use at any time. Each time you access our Site, it is your responsibility to review these Terms of Use for updates. Your continued use of the Site after we have posted any modifications means you accept such modified Terms of Use. If you disagree with these Terms of Use (as may be modified) or are dissatisfied with our Site, your sole remedy is to discontinue using our Site. We may offer promotional activities or benefits, such as wine club membership benefits or events, wine education services, sweepstakes or contests, and sometimes additional terms may apply to these activities or benefits (“Promotional Terms”). If these Terms of Use are inconsistent with those Promotional Terms, those Promotional Terms will control.
  1. You Must be 21 Years or Older to Use Our Site
If you are younger than 21, please exit our Site immediately. We do not sell alcohol to persons under 21. By continuing, you confirm that you are 21 or older. You are responsible for complying with applicable laws and ensuring that your access to our Site is legal in your country of residence.
  1. Privacy Practices
Any personal information submitted by you via our Site is governed by our Privacy Policy. Please review this policy to understand how we may use your personal information and our other privacy practices.
  1. Other Applicable Terms
Where available, the purchase of alcohol or other products from our Site is also governed by the other terms disclosed on this Site such as: Wine Club Terms, Shipping Terms and any other applicable terms posted to this Site.
  1. Membership Account Information
Where applicable, you may need to register as a wine club member to access certain portions of our Site, and you may be required to be logged in to your account and have a valid payment method associated with it on file. To register, you must provide us with current, complete, and accurate information as prompted by the registration form and you will need to choose a user name and password. You are solely responsible for maintaining the confidentiality of your username and password and for all activity under your username and password. You may not use anyone else’s username or password or permit others to use yours. You must notify us immediately of any suspected unauthorized use of your account or any inaccuracy in your registration information. We reserve the right to terminate membership or accounts, refuse service, or cancel orders in our sole discretion and without liability.
  1. Site Content is Protected by U.S. and International Laws
All content included in or made available through our Site, such as text, images, logos, graphics, and functionality, is the property of Gallo or its content suppliers and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws. You may not use that content in any way whatsoever, except as expressly permitted by these Terms of Use (or in the case of copyright material, as permitted by United States copyright laws). Our trademarks and trade dress may not be used in connection with any other party’s product or service in any manner that is likely to cause confusion among customers or in any manner that disparages us. Subject to your compliance with these Terms of Use, Gallo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, non-commercial use of our Site. In no event may you use our Site, or any of its content, in any commercial manner. We may revise this consent to use, or withdraw access to, our Site at any time without notice or liability to you.
  1. User Comments and Other Submissions
We welcome your comments and feedback regarding our Site and our products. We do not, however, accept confidential or proprietary information. By posting or submitting any comments, ratings, reviews, suggestions, ideas, photos, images, content, and any other submissions (“User Submissions”) in connection with your use of our Site, you grant Gallo an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive, transferable license to use, make derivative works of and exploit the User Submissions in any manner without limitation (including for any commercial purpose) in any form of medium, whether now existing or developed in the future. You also grant Gallo the right to use (if it chooses) the name that you submit in connection with the User Submission. You may not use a false e-mail address or otherwise mislead as to the origin of any User Submission. If you post or submit any User Submissions, you represent that those submissions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or other rights, or otherwise injurious to any person or entity and that none of those submissions contain any viruses, trojan horses or any computer programming routines or engines that are intended to damage or gain unauthorized access to any computer system or network. You acknowledge that you may be personally liable for any User Submissions that you post or submit in violation of any laws, any third party's rights, or these Terms of Use.
  1. Intellectual Property Complaints
If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please provide us with the information specified below, in writing. Please do not use this procedure for any other purpose. Include the following information:
    • Signature of person authorized to act on behalf of copyright owner;
    • Description of copyrighted work;
    • Description of where the infringing material is located on our Site;
    • Your address, telephone number, and e-mail address;
    • Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
    • Statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
If the content was removed under the take-down procedures of the United States Digital Millennium Copyright Act (DMCA), you may be able to file a DMCA counter-notification. In these cases, you'll receive further instructions about this process in the notification you receive from Gallo. Our designated agent for notice of claims of copyright infringement is: Kristi Whalen Legal Department E & J. Gallo Winery 600 Yosemite Blvd. Modesto, CA 95354 (209) 341-6349 e-mail: Kristi.Whalen@ejgallo.com
  1. Electronic Communications
When you visit our Site or send e-mails or other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.
  1. Social Media Rules
We enjoy engaging with our customers via our Social Media Sites, but you must adhere to the below rules whenever you post on our Social Media Sites. You must be 21 or over to visit or post on our Social Media Sites and any communications regarding our products must not encourage or depict excessive consumption, underage drinking or misuse of our alcohol products. We reserve the right (but not the obligation) to remove any posts or content for any reason, including those that violate the below rules or that we deem offensive, inappropriate or unacceptable in our sole discretion, but we do not regularly review posted content. We take no responsibility for any content posted by you or any third party.
    • Respect Others. Do not post any content that is derogatory, disparaging, promotes bigotry, is abusive or threatening, vulgar or obscene. Follow the golden rule – treat members of our community fairly and with respect. Nudity and sexually explicit content is not allowed.
    • Follow the Law. Illegal activity or discussions encouraging illegal activity will not be tolerated.
    • Don’t Infringe. Do not use it unless you have the right to – this means, don’t post photos, images, logos, songs, text or other content that you don’t own or have the right to use.
    • Respect Privacy. Do not post or solicit anyone’s name, phone number, address, email address or other personal information. Don’t spam or transmit junk mail.
    • 21+ Only. Do not post photos of, or otherwise feature or reference, any individual under the age of 21.
Of course, you must also abide by the terms of use of the social media platform.
  1. Disclaimers, Limitation of Liability, and Indemnification
Our Site may contain links to other websites. We are not responsible for those websites, their content or any goods or services available on those websites. Inclusion of any linked website on our site does not imply approval or endorsement by us. When you access these third-party sites, you do so at your own risk. While we are committed to safeguarding your privacy online, we cannot guarantee and make no representations that communications will be absolutely secure. By submitting your personal information to us, you acknowledge that there is no guarantee of security and that we have no liability for any interception or unauthorized access. OUR SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GALLO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GALLO DOES NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH GALLO ENDEAVORS TO PROVIDE ACCURATE PRODUCT INFORMATION, IT DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR SITE. NEITHER GALLO NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, DEATH, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER OR NOT IT KNEW OR SHOULD HAVE KNOWN THE LIKELIDHOOD OF SUCH DAMAGES, ARISING OUT OF OUR SITE OR YOUR PARTICIPATION IN ANY OF OUR PROMOTIONAL ACTIVITIES. IF THE ABOVE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED $100. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GALLO AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND VENDORS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR ARISING OUT OF ANY CONTENT THAT YOU POST. Some states do not allow the exclusion or limitation of certain warranties or liabilities, in which case the above limitations or exclusions may not apply to you.
  1. Disputes
Please contact our Consumer Engagement team with any concerns by utilizing the Contact page on this Site. Any disputes and claims between us that cannot be resolved by our Consumer Engagement team will be resolved in accordance with this dispute resolution provision. Any dispute or claim related in any way to your use of or otherwise arising out of our Site, including any products purchased through our Site or your participation in any promotional activities, will be resolved by binding arbitration rather than in court, except as specified below.Claims for public injunctive relief (as defined by law) are not subject to this mandatory binding arbitration provision. Similarly, in lieu of arbitration, you may assert claims in small claims court having jurisdiction if your claims qualify. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).  You may opt out of these dispute resolution procedures by calling Consumer Engagementat 1-888-295-0247 or emailing ConsumerRelations@ejgallo.com to request the opt out form. Your completed opt out form must be received by Gallo within 30 days of the date when you first accept these Terms of Use, or it will not be valid. The arbitration will be conducted by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Gallo will reimburse those fees for claims demanding less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Gallo will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Unless we agree otherwise, the arbitration hearing will take place in the county of your billing address. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim may be brought only in the state and federal courts located in Sacramento County, California. This provision will survive any termination of these Terms of Use.
  1. Governing Law and General
The Federal Arbitration Act, applicable federal arbitration laws and the laws of the State of California, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Gallo. These Terms of Use, and the other policies posted on our Site, constitute the entire agreement between us regarding our Site. Gallo’s failure to exercise any right under these Terms of Use does not operate as a waiver of such right. All section titles are for convenience and do not affect the meaning of any provision. All uses of “including” or “includes” may not be interpreted as limiting. If any provision is unlawful, void or unenforceable, that provision is deemed severable and will not affect any remaining provision.
  1. Additional Assistance
If you do not understand any of these Terms of Use or if you have any questions, we invite you to Contac: (833) 604-2556 contacto@granmalo.com                                                               Privacy Policy
  1. & J. Gallo Winery and its brands, affiliates, and subsidiaries (collectively “Gallo,” “we,” “us,” or “our”), created this Privacy Notice to inform our consumers, website users, club members, event registrants/participants, newsletter/information recipients, promotion, contest, sweepstakes or campaign participants, online community participants, those who correspond with us via telephone, SMS (text message), email or QR Code, those who visit our tasting rooms and other physical locations, and those who purchase or inquire about our products and services (collectively referred to as “you” or “your”) about our practices regarding collection, use and disclosure of Personal Information (as defined below). Unless otherwise expressly stated, this Notice applies to each of our websites and mobile applications that link to this Notice, and to information we collect offline.
Table of Contents
  1. How can a consumer with a disability access this Notice?
  2. Notice at Collection
  3. California Privacy Rights
  4. California Notice of Financial Incentive
  5. Additional Information for Consumers in Other US States
  6. Visitors from Outside the United States
  7. Cookies and Other Tracking Technologies
  8. Website Analytics
  9. Targeted Advertisements
  10. Do Not Track Signals
  11. Social Features on Our Websites and Apps
  12. Online Chat
  13. Session Replay
  14. Contact Preferences and Email Opt-Out
  15. SMS Messaging Opt-Out
  16. Not for Children
  17. Security
  18. Changes to This Privacy Notice
  19. How To Contact Us
  1. How Can a Consumer with a Disability Access this Notice? Consumers who have a visual disability may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review the contents of this notice. If this notice is needed in an alternative format, please call us at 1-888-295-0247.
  2. Notice at Collection This Notice applies to your Personal Information. “Personal Information” (a/k/a “Personal Data”) is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include information that is deidentified, aggregated, publicly available, or lawfully obtained, truthful information that is a matter of public concern. A. How and Why We Collect Personal Information We have set out below the categories of Personal Information we collect about consumers, and for each category of Personal Information collected, the categories of sources from which that information was collected, the business or commercial purposes for which the information was collected, and the categories of third parties with whom we shared the Personal Information.
 
Categories of Personal Information Purposes for Collection Categories of Sources
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers To process your purchases In connection with registration for events, memberships, accounts, etc. To communicate with you To permit your participation in online communities/provision of user-generated content To facilitate your participation in contests, sweepstakes and other promotions For marketing and advertising To administer our websites and mobile applications To analyze trends relating to our products, websites, mobile applications, communications, and advertisements To detect and prevent fraud against you and/or us For security purposes To comply with law (e.g., to confirm legal drinking age) Directly from you From our service providers (such as marketing, analytics, and fulfillment companies) Through technologies used on our websites and mobile apps Advertising networks Internet service providers Government entities Social networks Data brokers
Personal Records, including name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, credit card number, debit card numberThis includes the information described in Cal. Civ. Code § 1798.80(e). To process your purchases In connection with registration for events, memberships, accounts, etc. To communicate with you To permit your participation in online communities/provision of user-generated content To facilitate your participation in contests, sweepstakes and other promotions For marketing and advertising To administer our websites and mobile applications To analyze trends relating to our products, websites, mobile applications, communications, and advertisements To detect and prevent fraud against you and/or us For security purposes To comply with law (e.g., to confirm legal drinking age) Directly from you From our service providers (such as marketing, analytics, and fulfillment companies) Data brokers
Characteristics of protected classifications under California or federal law, including age, gender, marital status, and disability To facilitate your participation in certain promotions. For example, we ask for your wedding date, location, etc. for wedding promotions.To gather demographic information for aggregate useTo otherwise help us tailor our communications to individual consumers To detect and prevent fraud against you and/or us To comply with law (e.g., to confirm legal drinking age) Directly from you From our service providers (such as marketing, analytics, and fulfillment companies) Data brokers
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies To process your purchases To tailor our communications with you To facilitate your participation in contests, sweepstakes and other promotions For marketing and advertising To analyze trends relating to our products, websites, mobile applications, communications, and advertisements To detect and prevent fraud against you and/or us Directly from you From our service providers (such as marketing, analytics, and fulfillment companies) Through technologies used on our websites and mobile apps Advertising networks Social networks Data brokers
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement To process your purchases To tailor our communications with you To permit your participation in online communities/provision of user-generated content For marketing and advertising To administer our websites and mobile applications To analyze trends relating to our products, websites, mobile applications, communications, and advertisements To detect and prevent fraud against you and/or us For security purposes Directly from you From our service providers (such as marketing, analytics, and fulfillment companies) Through technologies used on our websites and mobile apps Advertising networks Internet service providers Social networks
Geolocation data To tailor our communications with you For marketing and advertising To administer our websites and mobile applications To analyze trends relating to our products, websites, mobile applications, communications, and advertisements To detect and prevent fraud against you and/or us &For security purposes Inferred from other information (e.g., your IP address or a scanned QR code From our service providers (such as marketing, analytics, and fulfillment companies)
Audio, electronic, visual, thermal olfactory, or similar information To provide customer service To process your purchases To analyze trends relating to our products, communications, and advertisements To detect and prevent fraud against you and/or us For security purposes Directly from you
Professional or employment-related information. If you are a Gallo employee, please see our California Employee Privacy Notice for additional disclosures. If you are a job applicant, please see our California Applicant Privacy Notice on the GalloCareers.com site for additional disclosures. To process your purchases (e.g., employee discounts) To tailor our communications with you To analyze trends relating to our products, websites, mobile applications, communications, and advertisements To detect and prevent fraud against you and/or us Directly from you From our service providers
Inferences used to create a profile reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes To analyze trends and to otherwise help us tailor our communications to individual consumers To tailor our communications with you For marketing and advertising For security purposes Inferred from other categories of Personal Information we collect
Among the categories listed above, are the following types of sensitive Personal Information:  
Categories of Sensitive Personal Information Purpose of Collection Categories of Sources
Personal information that reveals a consumer’s social security, driver’s license, state identification card, or passport number To confirm legal drinking age To confirm eligibility for contest winners For tax purposes To detect and prevent fraud against you and/or us For security purposes Directly from you
Personal information that reveals a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account. To facilitate your membership or participation in one of our wine clubs or rewards programs. To process purchases and/or maintain an account for the purpose of processing purchases. Directly from you
Personal Information collected and analyzed concerning a consumer’s sex life or sexual orientation To facilitate your participation in certain promotions. For example, we ask for your wedding date, location, spouse’s name, etc. for wedding promotions.To gather demographic information for aggregate use Directly from you
In addition to the other purposes for collection, use, and disclosure of Personal Information described in this Notice, we may collect, use, and disclose Personal Information as required by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Likewise, we may use and disclose Personal Information to third parties in connection with the sale, assignment, merger, reorganization, or other transfer of any of our brands or companies.  
  1. Retention of Personal Information
We keep the categories of Personal Information described above for as long as necessary or permitted for the purposes described in this Notice or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:
  • Your Personal Information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
  • Your Personal Information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information was collected;
  • The Personal Information is reasonably necessary to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
  • We are otherwise required or permitted to keep your information by applicable laws or regulations.
Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.
  1. Disclosure of Personal Information
We disclose Personal Information as indicated below. The first chart shows the categories of Personal Information we disclose to our service providers and contractors for a business or commercial purpose. Although we do not sell Personal Information in exchange for money, some of our advertising practices may be classified as “sales” or “sharing” under California law. The second chart shows the categories of Personal Information we share for purposes of cross-context behavioral advertising, or otherwise “sell,” as that term is defined under California law. We do not have actual knowledge that we sell or share the Personal Information of consumers under 16 years of age.
  1. Disclosures for a Business or Commercial Purpose
Category of Personal Information or Sensitive Personal Information Categories of Recipients Purpose for Disclosure
Personal Information
Identifiers Our brands and affiliated companies Service providers that we use to support our business and operations (e.g., financial institutions, fulfillment services, technical support, advertising, analytics, media and marketing, promotions, campaigns and contest-related services, e-commerce and other web-related services, and event-related services) Government entities Services performed on our behalf relating to: Processing your purchases Registration for events, memberships, accounts, etc. Communicating with you Supporting our online communities Contests, sweepstakes and other promotions Marketing and advertising (except for cross-context behavioral advertising) Administration of our websites and mobile applications, including debugging and repair of errors Analyzing trends relating to our products, websites, mobile applications, communications, and advertisements Research and development Short-term, transient use Detecting and preventing fraud against you and/or us Ensuring security and integrity Otherwise processing, maintaining, or collecting Personal Information on our behalf To fulfill our tax and other reporting obligations
Personal Records Our brands and affiliated companies Service providers that we use to support our business and operations (e.g., financial institutions, fulfillment services, technical support, advertising, analytics, media and marketing, promotions, campaigns and contest-related services, e-commerce and other web-related services, and event-related services) Government entities Services performed on our behalf relating to: Processing your purchases Registration for events, memberships, accounts, etc. Communicating with you Supporting our online communities Contests, sweepstakes and other promotions Marketing and advertising (except for cross- context behavioral advertising) Administration of our websites and mobile applications, including debugging and repair of errors Analyzing trends relating to our products, websites, mobile applications, communications, and advertisements Research and development Short-term, transient use Detecting and preventing fraud against you and/or us Ensuring security and integrity Otherwise processing, maintaining, or collecting Personal Information on our behalf To fulfill our tax and other reporting obligations
Characteristics of protected classification Our brands and affiliated companies Service providers that we use to support our business and operations (e.g., financial institutions, fulfillment services, technical support, advertising, analytics, media services, promotions, campaigns and contest-related services, e-commerce and other web-related services, and event-related services) Government entities Services performed on our behalf relating to: Facilitating your participation in certain promotions. For example, we ask for your wedding date, location, etc. for wedding promotions Gathering demographic information for aggregate use Tailoring our communications Analyzing trends relating to our products, websites, mobile applications, communications, and advertisements Research and development Detecting and preventing fraud against you and/or us To comply with law (e.g., to confirm legal drinking age)
Commercial Information Our brands and affiliated companies Service providers that we use to support our business and operations (e.g., financial institutions, fulfillment services, technical support, advertising, analytics, media and marketing, promotions, campaigns and contest-related services, e-commerce and other web-related services, and event-related services) Government entities Services performed on our behalf relating to: Processing your purchases Communicating with you Supporting our online communities Contests, sweepstakes and other promotions Marketing and advertising (except for cross- context behavioral advertising) Analyzing trends relating to our products, websites, mobile applications, communications, and advertisements Research and development Short-term, transient use Detecting and preventing fraud against you and/or us Ensuring security and integrity Otherwise processing, maintaining, or collecting Personal Information on our behalf
Internet or other electronic network activity information Our brands and affiliated companies Service providers that we use to support our business and operations (e.g., financial institutions, fulfillment services, technical support, advertising, analytics, media and marketing, promotions, campaigns and contest-related services, e-commerce and other web-related services, and event-related services) Services performed on our behalf relating to: Processing your purchases Registration for events, memberships, accounts, etc. Communicating with you Supporting our online communities Marketing and advertising (except for cross- context behavioral advertising) Administration of our websites and mobile applications, including debugging and repair of errors Analyzing trends relating to our products, websites, mobile applications, communications, and advertisements Short-term, transient use Detecting and preventing fraud against you and/or us Ensuring security and integrity Otherwise processing, maintaining, or collecting Personal Information on our behalf
Geolocation data Our brands and affiliated companies Service providers that we use to support our business and operations (e.g., financial institutions, fulfillment ervices, technical support, advertising, analytics, media and marketing, promotions, campaigns and contest-related services, e-commerce and other web-related services, and event-related services) Services performed on our behalf relating to: Communicating with you Supporting our online communities Marketing and advertising (except for cross- context behavioral advertising) Administration of our websites and mobile applications, including debugging and repair of errors Analyzing trends relating to our products, websites, mobile applications, communications, and advertisements Short-term, transient use Detecting and preventing fraud against you and/or us Ensuring security and integrity
Audio, electronic, visual, thermal, olfactory, or similar information Our brands and affiliated companies Service providers that we use to support our business and operations (e.g., financial institutions, fulfillment services, technical support, advertising, analytics, media and marketing, promotions, campaigns and contest-related services, e-commerce and other web-related services, and event-related services) To provide customer service To process your purchases To analyze trends relating to our products, communications, and advertisements To detect and prevent fraud against you and/or us For security purposes
Professional or employment- related information Our brands and affiliated companies Service providers that we use to support our business and operations (e.g., fulfillment services, technical support, advertising, analytics, media services, promotions, campaigns and contest-related services, e-commerce and other web-related services, and event-related services) Services performed on our behalf relating to Processing your purchases Communicating with you Analyzing trends relating to our products, websites, mobile applications, communications, and advertisements Detecting and preventing fraud against you and/or us
Inferences Our brands and affiliated companies Service providers that we use to support our business and operations (e.g., financial institutions, fulfillment services, technical support, advertising, analytics, media services, promotions, campaigns and contest-related services, e-commerce and other web-related services, and event-related services) Services performed on our behalf relating to: Communicating with you Marketing and advertising (except for cross-context behavioral advertising) Analyzing trends relating to our products, websites, mobile applications, communications, and advertisements Research and development Short-term, transient use Detecting and preventing fraud against you and/or us Ensuring security and integrity Otherwise processing, maintaining, or collecting Personal Information on our behalf
Sensitive Personal Information
Personal information that reveals a consumer’s social security, driver’s license, state identification card, or passport number Government entities Our brands and affiliated companies Service providers that help support our contests and promotions For tax and other legal reporting purposes Services performed on our behalf relating to: Processing your purchases Registration for events, memberships, accounts, etc. Contests, sweepstakes and other promotions Detecting and preventing fraud against you and/or us Ensuring security and integrity
Personal information that reveals a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account.
Personal Information collected and analyzed concerning a consumer’s sex life or sexual orientation Service providers that help support our wedding promotions Services performed on our behalf relating to: Participation in certain promotions. For example, we may share your wedding date, location, spouse’s name, etc. with vendors that support our wedding promotions. Analyzing trends relating to our products, websites, mobile applications, communications, and advertisements
ii. Sales and Sharing of Personal Information
Category of Personal Information or Sensitive Personal Information Categories of Recipients Purposes for Selling / Sharing
Identifiers Third-party advertising networks, social networks, and data brokers To show you relevant ads while you browse the internet or use social media For analytical purposes (e.g., to better understand our customers by appending to our records additional information obtained from data brokers)
Personal Records Third-party advertising networks social networks, and data brokers To show you relevant ads while you browse the internet or use social mediaFor analytical purposes (e.g., to better understand our customers by appending to our records additional information obtained from data brokers)
Commercial information Third-party advertising networks and social networks To show you relevant ads while you browse the internet or use social media
Internet or other electronic network activity information Third-party advertising networks and social networks To show you relevant ads while you browse the internet or use social media
Geolocation data Third-party advertising networks and social networks To show you relevant ads while you browse the internet or use social media
Inferences Third-party advertising networks and social networks To show you relevant ads while you browse the internet or use social media
  1. California Privacy Rights
If you are a California consumer, you have the right to submit certain requests relating to your Personal Information under the California Consumer Privacy Act (“CCPA”). To exercise any of these rights, please submit a request through our webform link or call us at 1-888-295-0247. Please note that if you submit a request to know, request to delete, or request to correct, we will ask that you verify your identity by providing provide 2-3 pieces of Personal Information that we will match against our records to verify your identity. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the Personal Information at issue You may designate an authorized agent to make a request on your behalf. If you use an authorized agent, we may request that you verify your identity directly with us. An authorized agent may submit a request on your behalf using the webform or toll-free number listed above.
  1. Right to Know About Personal Information Collected, Disclosed, Sold, or Shared.California consumers have the right to request more information regarding the following:
(2) The categories of Personal Information we have collected about you, including: (a) The categories of sources from which the Personal Information was collected (b) Our business or commercial purposes for collecting, selling, or sharing Personal Information (c) The categories of recipients to which we disclose Personal Information (d) The categories of Personal Information that we sold, and for each category identified, the categories of third parties to which we sold that particular category of Personal Information (e) The categories of Personal Information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information (3)The specific pieces of Personal Information we have collected about you Right to Request Deletion of Personal Information. You have the right to request the deletion of Personal Information we collected from you, subject to certain exceptions. If we cannot delete all of your Personal Information, we will inform you of the reasons. Right to Correct Inaccurate Personal Information. If you believe that Personal Information we maintain about you is inaccurate, you may submit a request for us to correct that information. Upon receipt of a verifiable request to correct inaccurate Personal Information, we will use commercially reasonable efforts to correct the information as you direct. Right to Opt-Out of the Sale and Sharing of Personal Information. You have the right to opt out of the sale of your Personal Information, and to request that we do not share your Personal Information for cross-context behavioral advertising. To opt out, please click on the Do Not Sell or Share My Personal Information homepage link for each Gallo brand you have engaged with. If you choose to use a browser-based opt-out signal (such as the Global Privacy Control (GPC) signal), you will be opted out of cookie-based sales and sharing of Personal Information. Because we are unable to recognize you across different websites, visiting one of our sites with the signal enabled will have the effect of opting you out of sales and sharing with respect to that specific site, but will not impact sales and sharing for our other websites or brands. Additionally, you will need to turn on the opt-out signal for each browser that you use. Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights. If you choose to exercise any of the privacy rights described above, you also have the right not to receive discriminatory treatment by us. This means that, consistent with California law, we will not deny providing our products or services to you, charge you different prices or provide a different level or quality of products or services to you unless those differences are related to the value of your Personal Information. California’s Shine the Light Law.California residents may request a list of the third parties to which we have disclosed personal information, as defined under California Civil Code Section 1798.83(e) (a/k/a the “Shine the Light Law”), during the preceding calendar year for third-party direct marketing purposes. To make such as a request, please use our webform link.
  1. California Notice of Financial Incentive
Summary. We sometimes offer discount codes or perks like a branded item in connection with you opting in to receive marketing emails. You receive such discount codes or perks because we want to show you that we are excited you want to hear from us and because we hope you will want to buy our products. Material Terms. The details of each program are contained in the program offering but in general, we invite you to provide us with your email address or cell phone number, and we provide you with a sign of our appreciation such as a discount code or a perk like a branded item. We value the opportunity to market to you. How To Opt In. You can opt in using a prompt on our websites that links to this notice. Right to Withdraw. You can opt out of receiving marketing communications from us at any time by clicking on the unsubscribe link contained in our emails and text messages, or you may email us at DataPrivacy@ejgallo.com. Value of Financial Incentive. The incentives we offer in exchange for the opportunity to market to you may be a discount coupon that can be used when you buy products from us or a branded item. Details of the incentive will vary depending on market conditions at the time the incentive is offered, and the value of your data will also fluctuate. Under most circumstances, the value of your Personal Information is less than the incremental administrative costs of the marketing program, including storage of your Personal Information. Retail prices for our products and branded items vary.
  1. Additional Information for Consumers in Other US States
This Section supplements the other parts of our Privacy Notice and provides additional information for consumers who reside in US States other than California. If you are a resident of California, please review our California-specific disclosures, above.A. Additional Information about Certain Data Uses Targeted Advertising.We may process your Personal Data for targeted advertising (as the term is defined under applicable state privacy laws), and as further detailed in the chart above. To opt out, please click on the Do Not Sell or Share My Personal Information homepage link for each Gallo brand you have engaged with. Sales of Personal Data.We do not sell Personal Data in exchange for money. However, some of our advertising practices may be considered a “sale” under certain state privacy laws, such as the Colorado Privacy Act and the Connecticut Data Privacy Act. If you would like to opt out of non-monetary “sales” of your Personal Data via cookies, please click on the Do Not Sell or Share My Personal Information homepage link for each Gallo brand you have engaged with, and follow the instructions provided. To submit a request to opt out of offline sales and sharing, please use our webform link or toll-free number.
  1. Submitting a Request Relating to Your Personal Data
If you would like to submit a request relating to your Personal Data as described below, please submit a request through our webform link or call us at 1-888-295-0247. Please note that we will need to authenticate your identity before your request can be processed. For authentication, you will be asked to log into your account or to provide 2-3 pieces of Personal Data that we will match against our records. Access and Data Portability. You can use this type of request to confirm whether we are processing your Personal Data, to access your Personal Data, and to obtain a copy of Personal Data you provided to us in a portable format. Correction. You may request that we correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and our purposes for processing it. Deletion. You may request that we delete your Personal Data, subject to exceptions. Opt-Out Requests. You may opt out of the following uses of your Personal Data: (a) targeted advertising; (b) the sale of Personal Data; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. We do not sell Personal Data in exchange for money or engage in practices that qualify as profiling producing legal or similarly significant effects under applicable state privacy laws. To opt out of targeted advertising and/or non-monetary “sales” of Personal Data via cookies, please click on the Do Not Sell or Share My Personal Information homepage link for each Gallo brand you have engaged with, and follow the instructions provided. To submit a request to opt out of offline sales and sharing, please use our webform link. If you are an authorized agent submitting an opt-out request on behalf of a consumer where allowed by law, please use our webform link or call us at 1-888-295-0247. We use commercially reasonable efforts to authenticate the identity of the consumer to whom the request relates and the authorized agent’s authority to act on the consumer’s behalf. Right to Appeal. Sometimes we are unable to process requests relating to your Personal Data, in which case, your request will be denied. If your privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our webform link. Please note that if you make a privacy rights request, we will retain a record of your request for recordkeeping purposes.
  1. Special Notice for Nevada Residents
Nevada law provides residents the right to opt-out of the “sale” of “covered information” to third parties, including but not limited to name, address, social security number, telephone number, email address, and other information through which a person may be contacted. Our uses of your Personal Information are not sales under Nevada law. If you have any questions or if you would like to receive notice by email in the event we should engage in sales of Personal Information under Nevada law in the future, please contact us.
  1. Visitors from Outside the United States
Our websites, mobile applications, and this Privacy Notice are directed to residents of the United States. If you access our US websites and mobile applications from outside the United States, please be aware that your Personal Information may be transferred to, stored, and processed in the United States, and that the data protection and other laws of the United States may not be as comprehensive as those of your country.
  1. Cookies and Other Tracking Technologies
We use cookies and other tracking technologies (such as web beacons) to collect and store information about your interactions with our websites, including information about your browsing behavior. Our websites also support third-party cookies placed by our service providers and third parties, such as advertising partners. Cookies are small files that a website transfers to your device through a web browser that enable the site’s or a third party’s systems to recognize your device and capture and remember certain information. Web beacons (also known as tracking pixels) are tiny graphics embedded invisibly on a webpage or in an email that may be used to deliver or communicate with cookies, to count users who have visited certain pages, and to understand usage patterns. In general, our websites use cookies and other tracking technologies as follows:
  • Where necessary to run our websites, for example by allowing you to log in and add items to your cart/bag
  • For analytics purposes—for example, to help us understand how our websites are used, to see what products most interest you, and determine how best to market our products to you. More information on website analytics is provided below.
  • For purposes of ad targeting and marketing. These cookies collect information about your browsing behavior on our websites in order to show you interest-based advertising when you visit other websites or use social media.
  • To determine if our email messages have been opened and acted upon.
  • To obtain information about your interactions with our online advertisements, such as whether you clicked on an ad and the website where you may have seen the ad.
Cookies vary in how long they last. “Session cookies” terminate shortly after you terminate your internet session. “Persistent cookies” are stored on your device until a set expiration date. We use both session cookies and persistent cookies on our website. If you do not want to have cookies placed on your device, you should set your browser to refuse cookies before accessing our website. Please review your browser’s Help menu for instructions or visit https://cookiepedia.co.uk/ for more information about cookies. Some of our websites may offer additional tools for managing cookies.
  1. Website Analytics
We use Google Analytics to analyze how users interact with our website and to track interactions with our online advertisements. This software may collect information such as your IP address, location, browser type and language, operating system, access time, duration of visit, pages you view within our website, search terms you enter, and other actions you take while visiting us, the pages you view immediately before and after you access our website, how often you use our website, aggregated usage and performance data, application errors, and debugging information. Google Analytics can also associate information collected on our website with information Google collects about you in other ways, which may then be shared with us. Google Analytics is owned and controlled by Google LLC. Data collected by Google is subject to its privacy policy. You may opt-out of having your activity on our website made available to Google Analytics by installing the Google Analytics browser add-on, available here.
  1. Targeted Advertisements
Our websites and mobile applications collect information about you in order to target advertisements to you when you browse the internet or use social media. The primary tool we use for this purpose is Google Ads, which is an advertising service provided by Google. Google uses cookies and other identifiers, in combination with their own data, to show you ads based on your usage of our website or mobile applications. You can personalize the ads you receive or opt-out of ads from Google by visiting the Google Ads Settings page. Additional options for opting-out of interest-based advertising can be found at the NAI’s site here.
  1. Do Not Track Signals
Our websites do not respond to “Do Not Track” signals sent by browsers, mobile devices, or other mechanisms. Information for California consumers regarding the Global Privacy Control signal can be found above, under California Privacy Rights.
  1. Social Features on Our Websites and Apps
Certain functionalities on our websites and mobile applications permit interactions that you initiate between us and certain third-party social networks (“Social Features”). Examples of Social Features include enabling you to send content such as contacts and photos between our services and a third-party service, “liking” or “sharing” our content, logging into our services using your third-party account, and otherwise connecting our services to a third-party service (e.g., to pull or push information to or from our services). If you use Social Features, information you post or provide access to may be publicly displayed on our websites and mobile applications or by the third-party service that you use. Similarly, if you post information on a third-party service that references us (e.g., by using a hashtag associated with us or our affiliates), your post may be used on or in connection with our services or otherwise by us and/or our affiliates. Also, both we and the third party may have access to certain information about you and your use of our services and any third-party service.
  1. Online Chat
Our website also offers online chat features that are supported by third-party service providers – when you use these features, your information may be processed by a service provider who is subject to confidentiality obligations which limit the use and disclosure of your personal information.
  1. Session Replay
We use Hotjar, a service provider, to help us understand and analyze how visitors use our services, and to improve the services. Hotjar may collect the following types of information from users of our websites:
  • Device IP Address
  • Devices screen size
  • Device type (unique device identifiers)
  • Browser information, geographic location (country only)
  • Preferred language used to display our website
Hotjar stores the above information in a pseudonymized format. Hotjar does not use this information to identify individual users, or match or link the information with other information about users. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For more information regarding Hotjar’s collection and use of information, please visit Hotjar’s privacy policy here.
  1. Contact Preferences and Email Opt-Out
We want to keep in touch with you in ways that you find to be beneficial. If you don’t want us to use your email address to communicate with you for promotional purposes (such as to tell you about products and services that might be of interest or to offer coupons/discounts), please tell us that when you provide your contact information. If you decide at a later time you do not want to receive promotional email communications, you can communicate this to us by accessing your account via our site (if applicable) or by using the Unsubscribe Link in any email you receive from us. You can also communicate with us through the methods described in the “How to Contact Us” section below. Keep in mind that even if you opt out, we may still contact you for other reasons, such as those related to an order you place, an inquiry you made, a membership you undertook, an event for which you registered, or a legally required notice.
  1. SMS Messaging Opt-Out
If you participate in our general SMS/text messaging campaign, you may opt-out by texting “STOP” to the short code provided in that message. Text “HELP” to ask for help or call us at the phone number below for more assistance. Message and data rates may apply.
  1. Not for Children
Our websites and mobile applications are neither intended for, nor targeted to those under 21 years of age. We use age-verification to exclude under-age individuals. If you are under 21, you are not permitted to use our websites or mobile applications and should not provide any Personal Information to us.
  1. Security
We take commercially reasonable and appropriate steps to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration or destruction. Please keep in mind, however, that there is no such thing as perfect security, and no Internet transmission is ever completely secure or error-free. Moreover, you are responsible for maintaining the confidentiality of any username and password you use.
  1. Changes to This Privacy Notice
This Privacy Notice may be revised from time to time for any reason. If this Privacy Notice changes, the revised notice will include a new effective date, and we will notify you of such changes by posting the revised notice on this page. Any such changes will automatically apply to all uses of our websites and mobile applications, and to other collection and use of your Personal Information by us, on or after the effective date (until such time as this Privacy Notice is subsequently revised).
  1. How To Contact Us
If you have questions or comments regarding our privacy practices, you may contact us as follows: Email address: DataPrivacy@ejgallo.com Telephone number: 1-888-295-0247 Postal address: E. & J. Gallo Winery, Consumer Engagement, 600 Yosemite Blvd., Modesto, CA 95354