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Privacy Policy

Magnotta Winery Corporation is committed to preserving and safeguarding your right to privacy. As part of this commitment, Magnotta wants you to be fully aware of what happens to the personal information which we have in our possession. Accordingly, this Privacy Policy (the “Policy”) sets out the manner in which your personal information is collected, used, disclosed and otherwise managed by Magnotta Winery Corporation, and its wholly-owned subsidiaries Magnotta Brewery (Vaughan) Ltd., Magnotta Distillery Ltd. and Festa Juice Co. Ltd. (collectively, “Magnotta”).

Collection of Personal Information

In order to use our Website, you must be 18 years old or older, or the minimal adult legal age in your jurisdiction. You are prohibited from sending your personal information to Magnotta if you are a minor, or sending personal information from a minor. Magnotta does not purposely collect information from minors. You are able to visit our Website(s) (“Website(s)”) without providing us with any personal information. However, we collect information about you when you purchase products from us by telephone or through the Website(s). To purchase products, we ask you to register with our “My Magnotta” service. To register, we will collect personal information about you, including your name, address, company name, telephone number, fax number, e-mail address, purchase history and My Magnotta “Medal Rewards” points, as well as a username and password that you select. If you purchase one of our products, we will collect your credit card and related payment information. We do not retain any credit card or other payment information after your order has been processed. When you call one of our customer service representatives, or e-mail us with a comment or question, you may be asked for information that identifies you, such as your name, address and telephone number, to help us promptly answer your question. We may retain this information to assist you in the future. We also may use your feedback, suggestions and comments to monitor and/or improve our publications, product offerings, and the Website(s).

You consent that your personal information and demographic information, excluding your payment information, will be used to provide you with targeted advertising based on your previous purchases, demographic data, and location.

We may also use demographic information and personal contact information, excluding transactional information, to contact you about changes, enhancements or other notices related to products or services you requested from us or which we provide. In addition, we may use this information to provide you with more targeted offers, advertising, information and content (including offers and other information that has been supplied by our affiliates and selected sponsors or advertisers), including on websites you visit ("Marketing Offers"). If you do not wish to receive Marketing Offers, you may opt-out at any time by following the opt-out procedure below.

We may also collect, use and store your current location or a history or location preferences or settings to establish your location, improve your experience and, from time to time, to send you information, such as Marketing Offers, that is most relevant to your geographic location. You may manage how your mobile device and mobile browser share location information with us, as well as how your mobile browser handles cookies and related technologies, by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile services provider or the manufacturer of your device to learn how to adjust your settings.

If you register on our Website using any social media login credentials, such as Facebook, you agree that we may collect, use and disclose your information from the social media account for the purpose of fulfilling your request for information, products or services, to respond to your inquiries, to gain a better understanding of your interests so that we may improve our products and services and develop new products and services, to determine your eligibility for other products and services, to contact you about changes, enhancements or other notices related to products or services you requested from us or which we provide, or to provide you with Marketing Offers. Our access to your personal information will vary according to the particular social media credentials used. Please refer to the privacy settings of the social media website or application to determine how you may adjust our permissions and manage the interactivity between the Magnotta and your social media account.

Cookies and Online Behavioral and Location-Based Advertising

We also may automatically collect general anonymous information related to your use of the Website(s), such as the date and time you visited the Website(s) and the pages you visited on the Website(s). In addition, we collect “cookie” information from your browser to identify your computer and provide us with a record of your visits to our Website(s). A cookie is a small text file that is stored on your internet browser and that can collect and store information. This statistical information helps us to understand how our Website(s) is used (e.g. which pages or sections are most popular and when are the peak activity times) and assists us in planning for future improvements to the Website(s) to better meet our visitors’ needs. The technology used to gather “cookie” information is provided by the Internet browser you use, and may be turned off by using your browser preference buttons. However, please be aware that by disabling cookies, you may not be able to use all portions of our Website, particularly pages requiring registration.

We may place advertising or other links on our Website that originate from outside advertisers and other third parties, specifically from the Adroll platform. If you view these ads, the advertisers may assign or recognize cookies. Magnotta does not control these cookies, nor is it responsible for any marketing or other use of your information by these advertisers or other third parties.

Our Website uses third-party advertising companies to serve ads when you visit the Site. These companies may use information (such as web pages you visit and your response to ads but not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services that may be of interest to you. Some ads appearing on our Website are delivered to you by Adroll, which is a web advertising company. These third parties may, from time to time, use information that they collect about your visits to the Website, such as the number of times you have viewed an ad (but not your name, address, email address or telephone number) to serve additional ads about goods and services that may be of interest to you. We may also use IP (Internet protocol) addresses to display or allow our third party advertising providers to display more targeted advertising and content. If you do not wish to have your information used in this way, please click on the following link: http://www.aboutads.info/. The following link has useful information about how to opt out of cookies that are placed by companies who are members of the network NAI (Network Advertising Initiative): http://www.networkadvertising.org/choices/ For more information on online behavioral advertising or to opt-out from other third-party advertising companies, visit the Digital Advertising Alliance of Canada website at youradchoices.ca

We may, from time to time, track and analyze anonymous usage and browsing patterns of visitors to our Website to provide our advertisers with more targeted advertising opportunities and to help users see advertising that is most likely to interest them. We may use third party analytics service providers in order to gather such anonymous data on user behavior, including Google Analytics, which uses data as described in the following link: https://www.google.com/policies/privacy/partners/

We and our third party service providers such as Adroll may, from time to time, use cookies, web beacons and other technologies to track and analyze certain information about user behavior and interaction with our Website, websites operated by our affiliates or websites that are a part of our service provider’s networks (such as browser version and name, how you were directed to the relevant website, or to register with us, page views, date and time of registration or installation, push notification subscription status, push notification engagement activity, details with respect to use of mobile applications and their functionality) and with e-mails we send to you (such as open and click activity), and about your device (such as device model and type, and OS version and name). We may use third party analytics service providers in order to gather such data on user behavior, and to provide us with other data collection, reporting, ad response measurement and site analytics. This information is used to improve your experience, to help us develop new products and services, to gain a better understanding of your interests so that we may develop new products and services, to determine your eligibility for other products and services, and to provide you with customized advertising, customized content and Marketing Offers that we believe may be of particular interest to you. These third party service providers may also collect and use certain aggregated or anonymized information, which is subject to their own privacy policies.

Use of Personal Information

We use your personal information for one or more of the following purposes: (a) Identifying who you are; (b) Processing your order for our products; (c) Shipping your order to you; (d) Improving our service offerings; (e) Improving our Website(s); and (f) track and analyze information and use it for behavioral and location-based advertising.

From time to time we may obtain your permission to send you marketing information about our product offerings. If we obtained your permission to place you on a marketing mailing list, you can remove yourself from the list at any time by contacting us as set out in the “How to Contact Us” section below. You can also remove yourself from an e-mail marketing list by clicking the “unsubscribe” button that appears on our e-mails.

Disclosure of Personal Information

Except as set out below, we will not otherwise sell, rent, transfer or disclose any of your personal information to any third party without your consent.

Certain personal information may be transferred to third party service providers solely for the purpose of processing and/or arranging for the delivery of your order, or providing another service you requested. These third party service providers, such as Adroll, are located in the United States. For instance, we will transfer your address and contact information to our preferred courier company for the purposes of shipping any products you order. All of our service providers are required to maintain the confidentiality and security of your personal information and to use it only in compliance with applicable privacy laws, and are prohibited from using or disclosing your personal information for any purpose other than providing the services on our behalf or as otherwise required by applicable law.

To provide you with Marketing Offers, we may disclose your personal contact information to affiliates and selected sponsors and advertisers such as Adroll. If you do not wish to receive Marketing Offers, you may opt-out at any time by following the opt-out procedure below. We may also disclose or share non-personally identifiable information with partners or advertisers such as Adroll to help explain our business and the effectiveness of our business or for promotional purposes. For example, we may disclose aggregated demographic information, which does not include any personally identifiable information.

We reserve the right to transfer any personal information we have about you in the event of a merger with a third party or upon a sale or transfer of all or a portion of our business or assets to a third party acquirer.

We may provide your personal information in response to a search warrant or other legally valid enquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law. We may also disclose personal information to assist us in collecting a debt owed by you, or otherwise where necessary for the establishment, exercise or defence of legal claims.

Opting-Out

In general, when you provide us with your personal information, we rely upon your implied consent to our collection, use and disclosure of such information for the purposes identified or described in this Privacy Policy or, if applicable, otherwise at the time of collection.

If you do not wish to receive Marketing Offers, or do not wish for Magnotta to use your personal information for any behavioral or location-based advertisements, you may opt-out at any time by doing any of the following:

* Follow the instructions at the bottom of any email Marketing Offer you receive.

* Opt-out from Adroll by visiting the following links: http://www.networkadvertising.org/choices or http://www.aboutads.info/

* Call Customer Service at 1-800-461-9463 and request that your personal information not be used for Marketing Offers or for behavioral or location-based advertisements.

* Email mailbox@magnotta.com and request that your personal information not be used for Marketing Offers or for behavioral or location-based advertisements.

It may take 2-4 weeks to fully process your opt-out request. Please note that if you opt-out of receiving Marketing Offers, you may continue to receive certain transactional messages from us.

We reserve the right to use and disclose your personal information without your consent where required or permitted by law, for example, if we have reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law, in order to protect or defend our legal interests, or to comply with applicable laws and lawful governmental requests.

If you choose to opt-out of any use of your personal information in accordance with our opt-out policy, we will keep your contact information and details with respect to your opt-out on a list so that your request can be honored, and we may retain your information to fulfill legal or regulatory obligations or for other purposes permitted by law.

Security of Personal Information

Magnotta understands that your privacy and the security of your personal information are important to you. We highlight that no transmission on the Internet is guaranteed to be absolutely secure and, therefore, Magnotta does not represent or warrant for the complete security of the information provided to Magnotta and/or its service providers through the Website(s). You understand that you are providing this information to Magnotta at your own risk.

However, we have implemented measures in an effort to maintain the confidentiality of all personal information in our custody and control, including only providing access to personal information to employees and authorized service providers who require such information for the purposes described in this Privacy Policy. We maintain administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. In addition, we only maintain your personal information for as long as necessary for the purposes for which we collected the information, or as otherwise required by law.

Access to your personal information on the My Magnotta service is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication.

Accessing and Correcting your Personal Information  

If you are registered with My Magnotta and wish to access your contact information, purchase history and your My Magnotta “Medal Rewards” points, or correct certain factual errors in our records, you can do so through the “My Profile” link. You are also able to access and correct any inaccuracies in your records by contacting us as set out in the “How to Contact Us” section below. To protect your privacy, we will take reasonable steps to help verify your identity before granting access or making corrections.

Changes to this Privacy Statement

You agree that Magnotta may, at its sole discretion, modify the Policy at any time with or without notice to you to reflect changes to our personal information practices. The revised Policy shall be posted on the Website(s) Please review the Policy on a regular basis for any such changes. We will treat your personal information in accordance with the Policy in place at the time of collection of such information, or as you otherwise consent. You agree that your continued use of the Website(s) after any revised Policy has been posted on the Website(s) constitutes your consent to such revised Policy.

How to Contact Us

If you would like to review or update the personal information in your customer record or withdraw your consent for the collection, use and/or disclosure of your personal information, or if you have any inquiries, comments or complaints about this Policy, please contact our Head Office.