Pernod Ricard, in its role as Data Controller, respects your right to privacy when you use our digital media (such as our websites, our mobile applications, our social media pages, and any online registration forms for our events) and communicate electronically with us. This policy also covers the offline activities that involve our collection, storage and/or use of your personal data.
1. What Personal Data do we gather about you and how do we collect it?
2. How and why do we use tracking technologies?
3. For what purposes do we use your Personal Data and on which legal grounds?
4. What happens if you do not wish to provide your Personal Data?
5. To whom do we disclose Your Personal Data and why?
6. Is your Personal Data sent to recipients outside Nigeria and why?
7. How long do we keep your Personal Data?
8. How do we secure your Personal Data?
9. What are your rights regarding Personal Data?
10. How do we process children’s Personal Data?
11. How can you contact us or lodge a complaint to the relevant Authority?
13. What are the Consent Requirements?
14. What are the Governing Principles?
15. What is the Governing Law?
What Personal Data do we gather about you and how do we collect it?
Personal Data means any information that can be used to personally identify you or contact you online or elsewhere.
We collect Personal Data such as: (i) your full name and contact information, including postal address, physical address, email address and telephone numbers; (ii) information to enable us to check and verify your identity, e.g. your date of birth and marital status; (iii) your gender information, if you choose to give this to us; (iv) location data; (v) your billing information, transaction and payment card information; (vi) information to enable us to undertake credit or other financial checks on you; (vii) your personal or professional interests, household, lifestyle, habits and preferences; (viii) information from accounts you link to us, e.g. Facebook, Instagram, Twitter, LinkedIn; (ix) information about how you use our website, IT, communication and other systems; (x) your responses to surveys, competitions and promotions; (xi)your IP address and your mobile/tablet/device ID; (xii) information provided to us for your attendance at events, including which events you attend as well as information about access or dietary requirements.
All personal information that you provide to us must be true, complete and accurate.
Personal Data is collected only for the purposes set out in Section 3 below and each time you use any of the features or services offered by our Digital Media.
The types and amount of information collected when using the above-mentioned features and services may be updated and vary depending on the activities of Pernod Ricard.
Subject to applicable law requirements, we may also use various tools that allow us to target the adverts we display on social media. Your identity, contact and social media information (i.e. your profile data, social demographics, behavioral data and interests) are processed in this context.
How and why do we use tracking technologies?
Pernod Ricard uses tracking technologies such as cookies, IP addresses or log files. Tracking technologies help us tailor our Digital Media to your personal needs and offer you contents adapted to your interests.
• An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet. We may keep track of Internet Protocol (IP) addresses to (among other things): (i) troubleshoot technical concerns, (ii) maintain website safety and security, (iii) restrict access to our Digital Media to comply with applicable law or contractual restrictions, and, (iv) better understand how our Digital Media is used;
• We (or a third party on our behalf) may collect information in the form of log files that record activity on the Digital Media and gather statistics about users’ browsing habits. These entries are generated anonymously, and help us gather information such as (i) a user’s browser type and operating system, (ii) information about a user’s session (such as the URL they came from, the date and time they visited our Digital Media, and which pages they have viewed on our Digital Media and for how long), and (iii) other similar navigational or click-stream data. We also use information captured in log files for our internal marketing and demographic studies, so we can constantly improve and customize the online services we provide you. Log files are used internally only and are not associated with any particular user.
For what purpose do we use your Personal Data and based on which legal grounds?
We collect information about you to:
- Respond to your request for services or to perform our contract (based on our legitimate interest, to carry out our pre-contractual or contractual obligations with you)
Handle any claims or complaints you make about our products and/or services.
- Send you transactional or administrative communications (based on our legitimate interest or to carry out pre-contractual or contractual measures with you): (e.g. confirmation email when you sign up for, or unsubscribe from, a specific service or feature), as well as certain service-related announcements (e.g., notices about updates to our privacy notices, discontinued features or programs on our Digital Media, changes to our online services or technical support policies, or other related changes).
- Allow us to send you marketing information when you consent:
– We may use your Personal Data, with your consent, to send you announcements and promotional information about our products and services by email For example, if you are signing up for a contest or other promotion or take part in activations, you may also be invited to sign up for newsletters or alerts from our Digital Media hosting the promotion or from other websites.
– When you use the third-party sponsorship (“Send to a friend”) feature: the Personal Data collected is used only once to send the communication and is not further retained by us, as appropriate according to local law;
– When you use a QR Code or equivalent feature displayed on Pernod Ricard products: we use your Personal Data to send you more information on the products where the QR code or equivalent feature is displayed or other products;
- To fulfil our legitimate interest in better serving your needs:
Whenever this new processing is compatible with the processing for which you have given your consent, we may occasionally combine, update, or otherwise enhance the Personal Data collected through our Digital Media with data we receive from outside records or third parties. For instance, we may combine purely demographic or survey information (e.g. age, gender, household information, and other interests, etc.) not linked to any Personal Data about you with Personal Data collected through our offers (such as during account registration). We may use the above-mentioned information and/or demographic information for our internal marketing and demographic studies and to constantly improve, personalize, and customize the products and services we provide you to better meet your needs. Some of the tools we use may involve automated individual decision-making subject to applicable law. Feedback, questions, or comments through our “Contact Us” form and our “Tell Us” compliance reporting system: if you contact us via an online contact form, your Personal Data is used to respond to your inquiry or comment.
- Manage and track your inquiries and comments, including where relevant regarding compliance, via contact forms or contact email addresses: for the performance of a contract in particular. We will ensure that your Personal Data remains accurate and up-to-date and avoid duplication in our database, by verifying each of your interactions with us and/or one of our affiliates to ensure your Personal Data is still accurate or needs to be completed or updated with the additional information you will have provided.
- To comply with any legal and regulatory obligations: We may disclose your Personal Data where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
What happens if you do not wish to provide your Personal Data?
If you choose not to submit any Personal Data when requested, you may not be able to participate in certain activities or take advantage of personalized features, and the Digital Media services and special services offered to you may be limited. For example, if you refuse to share your email address, you will not be able to receive our newsletters or otherwise register on our Digital Media. However, to simply browse our Digital Media and learn more about Pernod Ricard and our products, you do not need to give us any Personal Data. In any event, we will always inform you of the Personal Data that is necessary in order to benefit from a service.
To whom do we disclose your Personal Data and why?
- To affiliates within the Pernod Ricard Group
Pernod Ricard may share your Personal Data within the Pernod Ricard Group, including its affiliates worldwide, for the purposes mentioned in Section 3, .
- With third parties
- Pernod Ricard may also share your Personal Data with third parties, but only in the following circumstances:
- For marketing purposes, with our service providers, if you gave us your consent.
- For support purposes: We may use service providers, agents or contractors to provide support for the internal operations of our Digital Media and to assist us with administering them or the various features, programs and promotions available on it. Any such third party shall at all times provide the same levels of security for your Personal Data as Pernod Ricard and, where required, are bound by a legal agreement to keep your Personal Data private, secure and to process it only on the specific instructions of Pernod Ricard;
- For joint and co-sponsored programs and promotional purposes, with our partners and service providers: When we run a joint or co-sponsored program or promotion on our Digital Media with another company, organization, or other reputable third party; and, as part of this event, collect and process Personal Data, we may share your Personal Data with our partner or sponsor, subject to your consent when required. If your Personal Data is being collected by (or is shared with) a company other than Pernod Ricard as part of such promotion, we will let you know this at the time your Personal Data is collected;
- For litigation and safety purposes: We may also disclose your Personal Data if we are required to do so by law to law enforcement, government officials or other third parties in the event of a subpoena court order or similar legal procedure, or if in our good faith judgment, such action is reasonably necessary to comply with legal processes, to respond to any claims, to report suspected illegal activity or to protect the security or rights of Pernod Ricard, its customers, or the public;
- In the event of a merger or acquisition of all or part of Pernod Ricard by another company, or in the event that Pernod Ricard were to sell or dispose of all or a part of the Pernod Ricard business, the acquirer would have access to the information maintained by that Pernod Ricard business, which could include Personal Data, subject to applicable law. Similarly, Personal Data may be transferred as part of a corporate reorganization, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law.
Is your Personal Data sent to recipients located in other countries and why?
Pernod Ricard is a global company and subject to your consent where required your Personal Data may be transferred across international borders to countries with a different level of data protection than the country from where you submitted your Personal Data. Your Personal Data may also be transferred between different companies of the Pernod Ricard Group located in different countries. Pernod Ricard takes the appropriate measures to maintain security of the Personal Data both during transit and at the receiving location by implementing contractual clauses, in accordance with the Nigeria Data Protection Regulation (“NDPR”) and applicable law.
Our main service providers for the operation of our Digital Media are based in the United States, as are our partners. Transfers of Personal Data to these service providers and partners are implemented in accordance with applicable laws and rely on standard contractual clauses in accordance with the NDPR. Such service providers and partners, when acting as processors, are also bound by a contract that ensures a high standard of privacy protection and requires (amongst other provisions) that they act only on Pernod Ricard’s instructions and implement all technical measures necessary on an ongoing basis to keep your Personal Data secure.
How long do we keep your Personal Data?
We will store the Personal Data that you sent us via our Digital Media in our databases as long as your account is active, for the duration of the contract with you or as needed to provide you the services you requested or to answer queries or resolve problems, or else to provide improved and new services. We may also retain your Personal Data in accordance with applicable law and our internal retention procedure as necessary to comply with our legal, tax, accounting, reporting and regulatory obligations, resolve disputes and enforce our agreements.
We may thus retain your Personal Data after you stop using Pernod Ricard’s services or our Digital Media according to the statute of limitations.
How do we secure your Personal Data?
Pernod Ricard takes all necessary technical and organizational measures to protect the confidentiality and security of your Personal Data collected via our Digital Media. These efforts include but are not necessarily limited to: (i) storing your Personal Data in secure operating environments to which the public does not have access, but only authorized Pernod Ricard employees, and our agents and contractors; and, (ii) verifying the identities of registered users before they can access the Personal Data we maintain about them.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so. Pernod Ricard Nigeria Limited is required to comply with the NDPR and other relevant regulations regarding reporting requirements in relation to data breaches and report any personal data breach. Pernod Ricard has a duty to report to the Nigeria Information Technology Development Agency (“NITDA”) within 72 hours of becoming aware of a breach and to notify you as soon as possible where the personal data breach will likely result in high risks to your freedoms and rights.
All evidence relating to a personal data breach shall be preserved to enable Pernod Ricard to maintain a record of such breaches, as required by the data protection laws and to preclude future recurrence.
Pernod Ricard Nigeria Limited will not be responsible for any personal data breach which occurs as a result of:
a) an event which is beyond its control;
b) an act or threats of terrorism;
c) an act of God (such as, but not limited to pandemics, epidemics, fires, explosions, earthquakes, drought, tidal waves and floods);
d) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;
e) rebellion, revolution, insurrection, or military or usurped power, or civil war which compromises the data protection measures on the Digital Media;
f) the transfer of your Personal Data to a third party on your instructions and consent; and
g) the use of your Personal Data by a third party designated by you.
What are your rights regarding your Personal Data?
- If your Personal Data has been processed on the basis of your consent, you can withdraw your consent at any time, without impact on lawfulness of processing based on consent before its withdrawal.
- You can request access to your Personal Data
- You can request the rectification of your Personal Data if it is inaccurate, incomplete or out of date
- You can request the erasure of your Personal Data (i) if your Personal Data is no longer necessary for the purpose of the data processing, (ii) you have withdrawn your consent on the data processing based exclusively on such consent, (iii) you objected to the data processing, (iv) the Personal Data processing is unlawful, (v) the Personal Data must be erased to comply with a legal obligation applicable to Pernod Ricard. Pernod Ricard will take reasonable steps to inform the other entities of the Pernod Ricard Group of such erasure.
- You can request the restriction of the processing (i) in the event the accuracy of your Personal Data is contested to allow Pernod Ricard to check such accuracy, (ii) if you wish to restrict your Personal Data rather than deleting it despite the fact that the processing is unlawful, (iii) if you wish Pernod Ricard to keep your Personal Data because you need it for your defense in the context of legal claims (iv) if you have objected to the processing but Pernod Ricard conducts verification to check whether it has legitimate grounds for such processing which may override your own rights (v) if the data processing is based on the legitimate interest of Pernod Ricard.
- You can request the portability of the Personal Data you provided to us, in particular if the Personal Data processing is based on your consent or the performance of a contract.
- You always have the option not to share any of your Personal Data with us. If you choose this option, you may be limited in the activities and features we can provide you.
- You have the right to object to the processing of your Personal Data by us, including for marketing purpose based on profiling, or if the data processing is based on the legitimate interest of Pernod Ricard (except if we can demonstrate compelling legitimate grounds for the processing).
- If you wish to exercise any of the foregoing rights or require clarification in respect of the rights, please contact email@example.com.
How we treat children’s Personal Data?
How can you contact us or the relevant Supervisory Authority?
- You are informed that you can also lodge a complaint with NITDA, the Supervisory Authority (www.nitda.gov.ng) if you have any concern about the conditions of processing of your Personal Data by Pernod Ricard
- Without prejudice to your right to make a complaint at any time to the NITDA for data protection issues for any alleged breach of your data privacy rights, we would appreciate that you contact us in the first instance through the DPO if you have any concerns regarding the protection of your data or this Policy.
What are the Consent Requirements?
Generally, we rely on your clear, unequivocal and comprehensible consent as the legal basis for processing your Personal Data. This covers cases where you require us to process your data for the purpose of performing a contract with you, or accessing our services, raising a complaint for clearance of faults; whistleblowing; accessing any of our products or customer care services; or for use in our marketing, activation, promotional and advertising services. In any of the foregoing instances, we will seek your consent before we share your Personal Data with any third party for such purposes.
With regards to what constitutes data subject’s consent, in accordance with the applicable laws and regulations, Pernod Ricard shall ensure that consent is freely given and is obtained following full disclosure of its intended use and without fraud, coercion or undue influence. Since the performance of a contract with you and provision of our services to you are conditional on your consent, we shall deem that you have granted us the free and express consent to collect and process your Personal Data when you fill any of our forms, access or create an account on our Digital Media, correspond with us by post, phone, email as well as other related medium/platforms.
PLEASE NOTE THAT YOU HAVE THE RIGHT TO WITHDRAW CONSENT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA BY CONTACTING OUR DATA PROTECTION OFFICER. Please note however that the withdrawal of consent will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Where we need to collect personal data by law, or under the terms of a contract we have with you, or to provide our products and our services and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (including to provide you with our products and services). In such a case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
What are the Governing Principles?
Pernod Ricard will comply with the principles outlined below for the purpose of collecting, storing and using your Personal Data:
- Data shall be collected and processed with a specific, legitimate and lawful purpose which shall be consented to by you before collection and processing;
- Data may be further processed for archiving, scientific research, historical research and statistical purposes for public interest without obtaining your consent;
- Data collection and processing shall be adequate, accurate and with consideration for dignity of human person;
- Data shall only be stored for the period which is reasonably needed and as required by any written law; and
- Data shall be secured against all foreseeable hazards and breaches such as theft, cyberattack, viral attack, dissemination, manipulations of any kind, damage by rain, fire or exposure to other natural elements.
What is the Governing Law?
In accordance with the provisions of the NDPR that consent must be a freely given, specific, informed and unambiguous indication of a data subject’s agreement to the processing of his/her Personal Data, I hereby confirm that I have read the foregoing policy and with a clear understanding of its implications as regards my privacy rights and consent to the processing of my Personal Data by Pernod Ricard.