Last updated: February 1, 2022
Thank you for visiting our website, mobile website, application, app, mobile application or social media accounts (collectively, the "Site").
This privacy policy (the "Privacy Policy") is designed to assist you, the user (“User” or “you”), in understanding how YAQUIANA DISTILLERY S. de R.L. de C.V. (“YAQUIANA” or “we”) collect, use, and protect any information you may provide to us on the Site where it is posted.
Our Terms and Conditions describe the terms and conditions governing your access to and use of the Site.
By utilizing the Site, you hereby consent and agree to be bound by both the Privacy Policy and the Terms and Conditions. If you do not agree to the terms of the Privacy Policy, cease using the Site immediately.
YAQUIANA is committed to complying with the Code of Responsible Marketing Practices of the Distilled Spirits Council of the United States (DISCUS). For more information, see https://www.distilledspirits.org/wp-content/uploads/2020/05/2020-DISCUS-Code-of-Responsible-Practices-Final.pdf.
California Users
If you are a resident of California, refer to the "California Privacy Rights and Supplemental California Privacy Notice" section, below.
Intended for Users 21+
DO NOT USE THIS SITE IF YOU ARE UNDER THE AGE OF 21.
If you are under 21 years of age and have entered this Site by providing a false date of birth, you must immediately leave this Site. Under no circumstances may you use this Site or submit personal information to us if you are under 21 years of age.
The Site is neither directed to, nor does YAQUIANA intend to knowingly collect personal information from persons under the age of 21. YAQUIANA is committed to compliance with all applicable regulations, laws, and rules, including those issued by the Children’s Online Privacy Protection Act.
What Information We Collect
We collect information. This includes, but is not limited to:
Contact information such as your name, address, email, online identifier, username, cell phone number, and/or date of birth;
Information you submit or post on the Site or online such as on social media sites,
Submitted requests or inquiries;
Participation in Site features such as loyalty or rewards programs if any;
Product and service requests or questions, if any;
Information related to social media activity such as posts, photos, followers, social media you follow, social media aliases or handles;
Demographic information (e.g., gender, age, zip code, etc.), information on interests (e.g., music or sports), preferences, and purchases;
Job application information when you contact us pertaining to employment;
Usage information. Such as the browser(s) used, the website(s) you came from or gone to after utilizing the Site, location information, if you have enabled location services in your device settings or otherwise available;
Device information, including IP address and device identifiers.
Methodology for Information Collection
Information is collected from various sources and across devices. By way of illustrating the foregoing, and without limitation, this includes:
Collecting information directly from you. Choosing not to provide some information may result in your inability to enjoy or rely upon full functionality or benefits from the Site.
Passive information collection, such as using standard web measurement and tracking technologies such as "cookies," web server logs, web beacons (also known as "action tags" or "one pixel .gif files"), clear GIFs or other statistics programs. We do this on our Site (including mobile apps), and in emails sent to you.
Information from your web browser & usage. You may accept cookies, reject cookies, or receive notification when a cookie is sent, depending on your browser but you should note that the use of such restrictive browser settings may limit your use of the Site.
Accumulated information collection about users over time through Site usage, directly or through such means as third-party collect information this way, as well.
Third-party information such as information from business contractors or partners including, without limitation, social media users and sites.
Combined usage of information such as combining information we and third parties collected offline with information collected online, again over time, across multiple platforms and / or devices.
Use of Information
Your information may be used by YAQUIANA, and its agents or third parties may utilize your information in any number of ways including, without limitation, to:
Establish legal age to use YAQUIANA’s products and services including, without limitation, use of the Site;
Improve YAQUIANA’s products and services including the Site as well as to customize Site utilization;
Site protection, Site investigation, and prosecuting anyone harming the Site or its users including, without limitation, cooperation with law enforcement or private investigators;
Site improvement, problem solving, investigation, analysis, and improvement including, without limitation, as with server(s), software, databases, or technical or other issues relating to the Site, YAQUIANA, its products and services;
Tendering or providing YAQUIANA’s products and services, and information relating thereto, including loyalty and rewards programs, if any;
Communication and inquiry responses;
Analysis, management, improvement, alteration, and protection of the Site and/or YAQUIANA’s products and services (including, without limitation, analyzing preferences, interests, and shopping history and habits);
Upload information into our database, which may be hosted by a third-party database service provider.
Use your e-mail address or other information to send you a variety of e-mail communications such as (i) notices about Site local events and programs, (ii) newsletters from Site, (iii) solicitations to support a Site position on an issue, and (iv) solicitations concerning YAQUIANA.
Provide your name and mailing address to one of the direct mail service providers that may print and distributes print mailings on Site’s behalf.
Confirm your registration for real world or virtual events;
YAQUIANA’s business uses;
As part of our efforts to keep Site products, services, and integrations safe and secure;
To protect Site’s or others’ rights or property;
To provide you with location features and services, like telling you and your friends when something is going on nearby;
To measure or understand the effectiveness of ads you and others see, including to deliver relevant ads to you;
To make suggestions to you and other users on Site;
Internal operations, including without limitation, troubleshooting, data analysis, testing, research and service improvement. Granting us this permission not only allows us to provide Site as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.
Notifications to you such as upcoming promotions, special or time-limited offers, offers for users registered with the Site or a YAQUIANA program, if any, any other services YAQUIANA determines, or to send mailings. Please also refer, below, to the section "Your Choices For Information Use";
Advertising about YAQUIANA’s goods and services including, without limitation, promotional materials, contests and/or sweepstakes;
For any other purpose as otherwise permitted by law or stated at the time information is provided or collected.
To the extent personal information is voluntarily disclosed by you, such as name, email address, personal photographs in a community forum, such information may be collected and used by others and may result in unsolicited messages from other parties. We have no control over this type use of your personal information and are not responsible for any such consequences.
The Site and YAQUIANA shall NOT be responsible or liable for comments or actions of third-parties on the Site nor otherwise relating to or connected in any way with the Site.
Your Information May be Shared. We share information:
With Third parties and contractors such as advertisers, communications facilitators, promoters, vendors, contractors, or agents of the Site and/or YAQUIANA, or operating on their behalf;
In order to identify, contact or pursue legal action or defenses against any potential cause of injury to, liability to, or interference with YAQUIANA’s rights or property, or those of customers or other users of the Site, or anyone else who could be harmed or adversely affected by such activities; but under no circumstances shall YAQUIANA be obligated or in any way be liable for not taking such acts;
To effectively operate the Site and the Terms and Conditions of the Site;
Protect against, and make improvements to prevent from any liability, investigate and defend against any potential liabilities, claims, or allegations, and/or protect the security or integrity of the Site;
Responding to or in defense of, subpoenas, governmental authorities or investigation, judicial process, law enforcement in connection with an investigation, or otherwise as permitted by law, under good-faith belief that such action is necessary to comply with state and federal laws, rules, regulations, or where we deem it appropriate for the business uses of YAQUIANA, at our sole discretion;
Giving information to:
Affiliated or commonly owned entities, business partners, such as companies that co-sponsor a promotion, agents, contractors, and vendors;
YAQUIANA’s successor to all or part of its business or any entity acquired or affiliated at a later date including, without limitation, sharing of customer information;
Creditors, Investors or other parties of interest, in the event of our bankruptcy, insolvency, or reorganization; and
Any other reasons so long as it will be disclosed to you or as may be posted on the Site, from time to time.
Your Choices For Information Use
Affiliates, media partners, and/or third-parties will receive information from the Site or YAQUIANA in order to serve ads on our Site and/or on the sites on which we advertise. Accordingly, these parties and we may display interest-based advertising using gathered information including, without limitation information about you, over time, across multiple platforms, devices or other sites. Accordingly, unique cookies or web beacons may placed or recognized on your browser, computer, device, or server. These will enable recognition of a user or device including, without limitation, recognizing a cookie when a browser visits this Site to learn which advertisements bring users to our Site.
To learn more about these third-party companies, cookies and how to "opt-out" of this type of advertising, please go to http://www.aboutads.info/choices/
Opting-Out of Emails
To stop receiving our promotion emails, email us or click on the link provided at the bottom of each email communication. Even if you opt out of receiving promotional messages, we will still send you messages as may be necessary under law, pertaining to an investigation, or pertinent to your questions and purchases.
Linked Sites
The Site also may link to other websites, including social media, which have different privacy policies. Links to other websites are provided solely as a convenience to you; YAQUIANA and the Site do not endorse such other websites. Your browsing, use and interaction on any other websites, including websites linking to the Site, are subject to that website’s policies. Accordingly, you should review the privacy policy posted on any website that you may access through, or which links to the Site.
YAQUIANA and the Site shall not be responsible for these other websites including, without limitation, collection, use or disclosure of information collected through third-party websites.
YAQUIANA and the Site hereby and expressly disclaim any liability related to or concerning such collection, use or disclosure including, without limitation, information or content contained on such sites.
You hereby consent to our use of information received from social media site(s), mobile devices, third parties, and/or your participation in social media linked to the Site, for any reason in accordance with this Privacy Policy, just as if it were submitted to us directly.
Social Sharing Features.
The Site may offer social sharing features and other integrated tools, such as the Facebook, Twitter, Instagram, and Pinterest buttons (e.g., “Share,” “Post,” “Like,” “Tweet” and “Pin It”), which let you share actions you take on the Sites with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Advertising and Analytics Services Provided by Others Interest-Based Ads.
In addition to the cookies we deliver to your computer or mobile device through our Sites, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites. Other third parties may deliver cookies to your computer for the purpose of tracking your online behaviors across nonaffiliated websites and delivering targeted advertisements either on our Sites or on other websites.
You have choices about the collection of information by third parties on our Sites. For example, if you don’t want information about your visit to our Sites sent to Google Analytics, you may follow the link in the section labeled “Your Choices,” below. Please note that the Add-on does not prevent information from being sent to us.
In addition, if you would like to opt out of having participating entities track your online behavior for advertising purposes when you are browsing our Sites, you can follow the link provided in the section labeled “Your Choices,” below. You will be directed to an industry-developed website that allows you to choose whether each listed entity may collect and use data for interest-based advertising purposes. It may be that some of the third parties that collect interest-based information on our Sites do not participate in the Website Opt Out, in which case the best way to avoid third party tracking of your online behaviors may be through your browser settings and deletion of cookies.
Please note that the Website Opt Out are device specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices, you need take the steps outlined above from each device.
Customized Ad Campaigns.
The Site and YAQUIANA may also work with third party social media sites, such as Facebook, to serve ads to you as part of a customized campaign, unless you notify us that you prefer not to have information about you used in this way.
Security Procedures
Use of the internet is inherently risky. The Internet is never perfectly secure, nor do we guarantee the security of any information so transmitted.
Although the Site engages in reasonable precautions, and implements reasonable technical measures against unauthorized access to, erroneous disclosure of, and unlawful interception of personal information submitted via the Site or otherwise collected or possessed by YAQUIANA, neither the Site nor YAQUIANA can guarantee that information may not be accessed, disclosed, altered, or destroyed whether as a result of a breach of our efforts, any other event beyond our reasonable control, or otherwise. Accordingly, information provided by you, information about you, or information concerning your history with the Site may not secure and safe from risks.
Any and all representations or warranties, whether express or implied, with respect to ensuring, for specific purposes or otherwise, guaranteeing or otherwise offering any definitive promise of security in connection with your information are hereby expressly waived by you and shall be disclaimed.
United States Only
The Site is intended exclusively for United States users.
By using the Site, you agree and acknowledge that the Site is hosted in the United States and that data collected through the Site will be stored and processed in the United States. Please be advised that your use of the Site is governed by U.S. law, this Privacy Policy, and the Terms and Conditions.
Your information may be stored, transferred and/or processed in and to the United States, and in other countries by our affiliates and/or service providers. The data protection laws in these countries may provide a lower standard of protection than your country of residence. We will transfer information in compliance with applicable laws and will implement reasonable safeguards to ensure adequate secured by any third party accessing your information (for instance, by using the Model Clauses as approved by the European Commission).
By using our Site and providing information to us, you consent to the terms of this Privacy Policy and the collection, use, maintenance, transfer to and processing of your personal data in the United States or other countries or territories, and, unless otherwise stated in this Privacy Policy, we use this consent as the legal basis for any data transfer.
Privacy Policy May Be Altered Without Any Prior Notification.
This Privacy Policy may be updated from time to time, at the Site’s sole discretion. You are solely responsible for reviewing for any changes, alterations, or deletions to the Privacy Policy. The Site may take one or more of the following steps, but is not obligated to do so note the date the Privacy Policy was last updated.
Your use of the Site following any such updated Privacy Policy shall be deemed acceptance of the revised policy. It behooves you to review the Privacy Policy upon prior to every use and periodically.
If we are required by law to obtain your express consent for any changes to the Privacy Policy, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.
California Privacy Rights and Supplemental California Privacy Notice
The California Consumer Privacy Act of 2018 ("CCPA") requires additional information to California residents.
The section entitled "What Information We Collect" above lists the categories of personal information we have collected about California residents in the preceding 12 months. These categories of personal information correspond with the following categories of personal information provided under the CCPA:
Identifiers including name, postal address, unique personal identifier, online identifier, username, IP address, email address and account name;
Information that identifies or is capable of being associated with you, including payment information, social media information, and, if you submit a resume when applying to work for us, information about your employment and employment history;
Information about products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
Internet or other electronic network activity information;
If you submit a resume when applying to work for us with information about your education, such education information;
Inferences drawn from any of the information identified above reflecting your preferences and characteristics.
The Site explains, above under the section “Methodology for Information Collection” the sources from which we collect personal information. In the Section, above, “Use of Information” the Site explains the business and commercial purposes for which we collect California residents’ personal information. As described above in the section entitled "Your Information May Be Shared" it is explained in detail how California residents’ information may be shared and/or disclosed including, without limitation, as follows:
Sharing your personal information for business purposes: we may share the following categories of your personal information with service providers, third parties, business partners, public or government (including enforcement) authorities, creditors, and successors for our business purposes: identifiers, information capable of being associated with you, information about products and services, internet or other electronic activity information (as described above), information related to job applicants (if submitted), and inferences drawn from information about you. As described above, examples of business purposes include performing transactions, registering accounts, managing our relationship with you, and monitoring for security threats and fraud.
Sharing your personal information for commercial or other purposes: we may share the following categories of your personal information with third parties, business partners, and affiliates in a manner that constitutes a "sale" under California law: identifiers, information capable of being associated with you, information about products and services, internet or other electronic activity information (as described above), information related to job applicants (if submitted), and inferences drawn from information about you. This information may be shared for the following purposes: personalization, analytics, marketing, retargeting, and sales.
California Residents' Privacy Rights
Subject to certain exceptions and qualifications, as a California resident, you have the right to: (i) request access to your personal information; (ii) request deletion of your personal information; (iii) request information about the personal information about you that we have "sold" (as such term is defined under California law) to third parties within the past 12 months; and (iv) opt-out of the "sale" of your personal information, as detailed above.
Do Not Sell My Information. To opt-out of the sale of your personal information as described in this section, click here.
Should you wish to request the exercise of your other rights as detailed above with regard to your personal information, to the extent required by applicable law, we shall respond to your request to exercise your rights above upon your request submitted in to one of the options provided below in the “Contact Us” section. We may need to take steps, including to request additional information from you, to verify your identity. Please indicate in your request that you are a California resident making a "California privacy rights" inquiry.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.pdf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices, the Site will notify the users via in-site notification within 7 business days.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to send information, respond to inquiries, and/or other requests or questions
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us.
• Follow the instructions at the bottom of each email and the Site we will promptly remove you from ALL correspondence.
Mobile Applications
From time to time, we may offer certain mobile applications, including iOS applications (“Apps”), for download. We will use commercially reasonable efforts, given the limitations imposed upon us by third party providers such as Apple Inc. and Google Inc., to clearly disclose what, if any information is collected by the particular App, how it is used, and with whom it is shared. Please note, certain practices are outside of our control, for example, tracking by Google, Inc., Apple, Inc., or your third-party telecommunications carrier.
The Site and YAQUIANA are not responsible for the actions of such third parties. You should always read and understand the policies of any third party provider, such as Google with respect to Android apps and Apple with respect to IOS apps, and your wireless carrier, before making any purchase or downloading any app.
Contact Us
If you have any questions or comments regarding this Privacy Policy email us.
Thank you for visiting our site.
©2021, YAQUIANA, LLC.
Disclaimer
It is important to note that efforts to the website are ongoing as we work to implement the relevant improvements to meet WCAG 2.1 A/AA guidelines over time.
YAQUIANA continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.
Despite our efforts to make all pages and content on YAQUIANA fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.
LIVE 24/7 ACCESSIBILITY SUPPORT
If you are having any issues relating to assistive technology, including screen readers, keyboard access, or other issues relating to the accessibility of our website, we want to help you achieve what you came to do. A live agent is standing by, ready to take your toll-free call and help resolve your issue together. Email us and be sure to specify the web page so we can look into making that page accessible for you. We greatly value your questions and comments.
Third Party Applications
While you are visiting our site, you will notice that we make use of third-party sites such as, YouTube, Facebook, Instagram, Twitter, and Pinterest to provide information about YAQUIANA. Though individuals may have challenges with access to these particular sites, YAQUIANA does not control or remedy the way content is portrayed.