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Terms & Conditions

Welcome to http://www.kostabrowne.com the website for Kosta Browne Winery. The terms “Kosta Browne Winery,” “http://www.kostabrowne.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.

Last Updated: July 15, 2015

GENERAL TERMS AND CONDITIONS


Your use of this website is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of this website shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated at any time and from time to time with or without notice to you. Your continued use of this website following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.


The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that our company and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to our website may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of our company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by our company in writing. The Terms and Conditions, along with our Privacy Policy, comprises the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of our company. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of our company shall be null and void. These Terms and Conditions will inure to the benefit of our company’s successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.


Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Napa County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.


This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.


Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).


THE SALE OF ALCOHOLIC BEVERAGES
Legal Requirements


We do not sell alcohol to persons under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.


Credit Card Charges


Orders are by credit card only. We accept Visa, MasterCard, Discover and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement.


Errors and Omissions


Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, we shall be held harmless for any such errors.


Disclaimer of Warranties


Although we endeavor to provide current, accurate and reliable information on our website, we do not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on this website. We do not warrant that your use of this website, or the operation or function of this website, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be correct; or that this site or its server is free of viruses or other harmful elements. Your use of this website is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website.  We and our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of this website. This website content provided "as is" and "as available" without any express, implied or statutory warranty of any kind including warranties of merchant ability, title, non-infringement or third part rights, or fitness for any particular purpose. 


Limitation of Liability


In no event shall we and/or our suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with this website, the use or performance of this website, the delay or inability to use this website, the provisional of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. If you are dissatisfied with any portion of this website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using this website.

Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.

Privacy Policy

Last Modified January 2020



At Kosta Browne ("KB"), we are committed to protecting your privacy. This Privacy Policy applies when you visit our website, www.kostabrowne.com, the websites expressly linked to this Privacy Policy (including Kosta Browne Wine Shop; affiliates; Trade and Media) (together with www.kostabrowne.com, the “Sites” and each a “Site”), and when you make a purchase from us, participate in a sales or marketing promotion, subscribe to any of our mailing lists, newsletters, or wine-allocation programs, request a tasting, or sign up for any of our events. 
We refer to these products and services collectively as the “Services.”

“Personal Data” means data that reasonably can be used to identify a living person, or that reasonably relates to a living person.

Not Directed To Individuals Under The Legal Drinking Age

Our Site is not intended for people under the legal drinking age of 21. We do not seek or knowingly collect any Personal Data from or about individuals under the age of 21. If we become aware that we have unknowingly collected Personal Data from an individual under the legal drinking age, we will make commercially reasonable efforts to delete such information from our database.

Information We Collect

1. Information You Provide Us

When you use our Services, you may provide us with information about you, including identifiers, such as your name, address, email address, phone number, date of birth, and commercial information such as credit card information and your purchasing or consuming histories. We use this information to process your requests and to communicate with you about your orders. Additionally, we may also use your name and contact information to notify you of changes to our Sites, new wines and releases, special offers, and events we think you will find valuable or of interest. If you do not wish to receive this information via email, you may opt out by clicking the “Unsubscribe” link at the bottom of the email. Alternatively, you may send an email to [email protected] from the email address you would like removed and include the word “Unsubscribe” in the subject line. Or you may send a postcard to Kosta Browne, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574.

2. Information We Collect Through Automated Means

When you use our Services, we collect certain internet or other electronic network activity information automatically as described in this section. As discussed further below, we and our service providers (which are third party companies that work on our behalf and include FullStory), may use a variety of technologies, including cookies and similar tools, to assist in collecting this information. We collect information on your use of the Services, such as pages visited, links clicked, non-sensitive text entered, and mouse movements, as well as information such as the referring URL, browser, operating system, and Internet Protocol (“IP”) address. We use publicly available sources to approximate your geographic region and Internet Service Provider based on your IP address. We use the term “Usage Data” to refer to this information about your use of the Site that we collect. Our purpose in collecting Usage Data is to better understand how our visitors use the Site. We collect automatically information that may constitute Personal Data, such as IP addresses.

3. Information We Collect From Our Partners

We perform ongoing demographic data gathering and analysis to complete data profiles and better understand our customers. Our purpose in collecting demographic data and completing customer profiles is to better understand our customers and provide the best experiences, services and products in our offerings. We collect information that may constitute Personal Data, such as names, email addresses, phone numbers and addresses.
4. Business Purposes

We collect this Personal Data to fulfill contracts, comply with laws and for our legitimate business interests.  Our purposes for collecting and using this information include:
Performing a contract with you or to take steps at your request before entering into a contract
Complying with legal or regulatory obligations or in response to law enforcement requests
Other legitimate interests and business purposes, such as:
For our everyday business purposes – such as to process your transactions, maintain or service your account(s), communicate with you, schedule tastings, offer you discounts through our wine clubs, manage records, respond to court orders and legal investigations, and administer and provide services to you
For our marketing purposes – to offer our services to you, to improve and customize our services for you and to understand how our services are used
To operate, maintain and improve the Sites, for example by conducting analytics
In some cases, we rely on your consent for processing your Personal Data, but only in those cases where we specifically ask for your consent.

Disclosure Of Your Information To Third Parties

In addition to informing you about our own products and services, from time to time, we may also share your information with select marketing partners who offer products or services that we believe will be of interest to you. Although we do not disclose your Personal Information for money, we may share Personal Data with our marketing partners, who may provide referrals or other benefits to us, and to our data hygiene service provider(s) who update and augment customer data profiles.  Our marketing partners may use this information to contact you directly regarding their own offers of interest.  The Personal Data we may disclose include: name, mailing and email addresses, phone number and demographic data. Such disclosures could be considered “sales” under certain laws, including the California Consumer Privacy Act (“CCPA”).  You may choose to opt-out of having your Personal Data shared with these third-party companies by sending an e-mail to [email protected] with the phrase “Do Not Share” in the subject line. You may also send a postcard to Kosta Browne, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574, call 1-866-473-7059, or complete this web form.  We do not knowing disclose Personal Data of minors under 16 years of age to third parties. 
Additionally, we may disclose your information to third parties for other business purposes, such as if we conclude that we are required by law or have a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property, or safety of our Company, its customers, or the public. We may also contract with other companies and individuals to perform certain functions and services, including processing, storing, tracking, and organizing information on our behalf. These service providers may have access to Personal Data to perform their functions, but are prohibited from using Personal Data for direct or indirect marketing purposes or for any purpose other than providing services to us. We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or capital, including in connection with any bankruptcy or similar proceedings.

Aggregate Information

We may track visits to the pages and links on our websites so we can make decisions about the design and usage of the Sites. We may choose to share this aggregate and de-identified information on consumer behavior to third parties.

Cookies And Related Technologies

As part of our ongoing efforts to ensure the best possible experience for all users of our Sites, we may use “cookies” and related technologies, such as tags, SDKs, tracking pixels, and other similar technologies to collect the information described in “Information We Collect Through Automated Means.” “Cookies” are small pieces of information that are stored by your browser on your computer's hard drive. Cookies enable us to provide special features such as storing items in your shopping cart between visits, tailoring products or services offered to you based on past preferences or geographic location. Most Web browsers automatically accept cookies but allow you to turn off cookies as part of the browser options. Even without cookies, you can still use most of the features of our Sites, but you will be unable to place items in your shopping cart or make purchases.

We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

Advertising and Third-Party Data Collection

We may enter into relationships with third-party advertising companies to drive traffic to and serve ads on our Sites. These third-party companies may also collect information through the use of their own cookies and other technology (including JavaScript and web beacons) to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features used by these advertisers, and their information practices are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called “ad networks” or “network advertisers”), including information about how to opt-out of their information collection, here.

Notice Concerning Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

Links to Other Sites

Occasionally we provide links to other websites for your convenience and information. These sites operate independently from our Sites and are not under our control. These sites may have their own privacy notices or terms of use, which you should review if you visit any sites linked through our Sites. We are not responsible for the content or use of these unrelated sites.

Data Subject Rights

Depending on your residency, you may have certain data subject rights. These rights vary by state and country, but they may include the right to: (i) request additional disclosures about the Personal Data we collect, use, disclose and sell; (ii) request access to and rectification or erasure of your Personal Data; (iii) restrict or object to the processing of your Personal Data; (iv) opt-out of the sale of Personal Data; and (v) obtain a copy of their Personal Data in a portable format. Where we rely on consent as the basis for processing Personal Data, individuals have the right to withdraw their consent.  You may also have the right to lodge a complaint about the processing of Personal Data with a data protection authority, including if we deny your request. 
Duckhorn will not discriminate against you for exercising any of these rights, for example, by charging a different price or denying goods or services.  However, Duckhorn may charge a different price or rate or provide a different level or quality of goods or services when that difference is reasonably related to the value provided to us by the data.

How to Exercise Data Subject Rights

If you wish to exercise any of these rights, please email [email protected] with the phrase “Data Subject Rights” in the subject line. You may also send a postcard to Kosta Browne, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574, call 1-866-473-7059, or complete this web form. We will review your requests and respond accordingly. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard.  Additionally, if we retain your Personal Data only in de-identified form, we will not attempt to re-identify your data in response to a Data Subject Rights request.

If you make a request related to Personal Data about you, you will be required to supply a valid means of identification as a security precaution.  If you have an online account with us, you may satisfy this identification requirement by first logging into that account.  Visit the My Account page on the Sites and enter your account using your email address and password.  For others, we will follow-up all requests with a phone call from the appropriate member of our team to verify your identity, and if your identity is verifiable, we will proceed with processing the request as directed by applicable law.  For requests related to particularly sensitive information, we may require additional proof of identification.

If you make a Data Subject Rights request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf.

We will process your request within the time provided by applicable law.

Other California Privacy Rights

In addition to the rights already described, California law permits customers in California to request certain details about how their information is shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business must either provide this information or permit California customers to opt in to, or opt out of, this type of sharing.

We may from time to time elect to share certain information about you collected by us on the Service with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. If you are a California resident, you may opt out of such future sharing of your personal information (as defined by the California Shine the Light Act) by contacting us at [email protected] with the phrase “Do Not Share” in the subject line. You may also send a postcard Kosta Browne, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574, call 1-866-473-7059 and leave a message with your request, or complete this web form
Individuals With Disabilities

If you have a disability and would like to access this privacy policy in a different format, you may contact us at [email protected] with the phrase “Alternative Format Privacy Policy” in the subject line.

Data Retention

We retain Personal Data pursuant to our records retention program, for as long as is necessary for the purposes set out in the Privacy Policy, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights.

The criteria used to determine the period for which Personal Data about you will be stored varies depending on why we process such Personal Data:
Legitimate Business Interests

For a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of the data subjects.

Contractual Necessity

For the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the limitation period for legal claims that could arise from the contractual relationship.

Legal Obligation

For the duration of time we are legally obligated to keep the information.

Consent

For the period of time necessary to fulfill the underlying agreement with you, subject to your right, under certain circumstances, to have certain Personal Data about you erased (see Data Subject Rights ).

We may face any threat of legal claim and in that case, we may need to apply a “legal hold” that retains information beyond our typical retention period. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.

Transfers of Information Across Borders

Any information that you provide to us is stored and processed in, and transferred between, any of the countries in which we and our agents, contractors and affiliated organizations have offices, in order to enable us to use that information as set out in this Privacy Notice. This includes countries such as United States, Canada, and Hong Kong.

Not all of these countries have data protection laws equivalent to those in force in the EEA. Except the United Kingdom, which is currently in the EU, the European Commission (in the EU) has yet to make a decision of adequacy in relation to the protection given to Personal Data in the United States and Hong Kong. In order to ensure the protection of your Personal Data we have put in place European Commission approved Standard Contractual Clauses between each of our entities.

Updates to This Policy

The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by changing the “Last Modified” date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of this Site following the posting of changes to this Privacy Policy will mean you accept those changes.

Governing Law

This Privacy Policy and our privacy practices will be subject exclusively to the laws of the State of California within the United States of America. We make no representation that this Privacy Policy and such practices comply with the laws of any other country. Visitors who use this Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer and use of your information outside your country.

Contact Us

Any questions you may have regarding our Privacy Policy or any information about our marketing partners should be directed via email to [email protected]. You can also write us at: Kosta Browne, Attn: Legal Department, 1201 Dowdell Lane, St. Helena, CA 94574, call the toll-free number 1-866-473-7059 and leave a message with your question(s), or you may complete this web form.