PRIVACY POLICY

Last Updated: February 5, 2021

This Privacy Policy describes the privacy practices of El Silencio Holdings, LLC, and its subsidiaries and affiliates (“El Silencio,” “we,” “us” and/or “our”). This Privacy Policy describes how we handle personal data we collect online (e.g., through our websites and mobile apps), and offline (e.g., through customer support hotlines and in-person promotional activities) (collectively, the “Services”). This Privacy Policy explains the types of personal data we collect and process, the ways we may use and share the data, and the choices that are available to you with respect to our handling of your data.

Data Controller

A “controller” is the legal entity which, alone or jointly with others, determines the purposes and means of the processing of personal data. El Silencio is the data controller for all data we collect and store described by this policy.

Data Processor

A “processor” is a legal entity or other body that processes data on behalf of the controller, as defined above. El Silencio uses various data processors, including but not limited to our payment processors (as outlined below), with which we have a data processing agreement.

INFORMATION WE COLLECT

The categories of information we collect can include:

Information you provide to us directly.

We may collect personal data, such as your name, phone number, location, payment information, and email address when you register for our Service, sign up for our mailing list, enter a contest or sweepstakes, or otherwise communicate with us. We may also collect any communications between you and El Silencio and any other information you provide directly to El Silencio.

Information we receive from third-party sites you connect to our Service.

We may receive personal information about you from third parties and combine that with information we collect through our Service if your browser settings allow that. For example, we may obtain information when you log in through a third-party social network or authentication service, such as Facebook, and you have adjusted your settings to allow it. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, address book and contacts, or other information. Similarly, when you interact with us through a social media site or third-party service, such as when you like, follow or share El Silencio content on Facebook, Twitter, Pinterest, Instagram or other sites, we may receive information from the social network including your profile information, picture, user ID associated with your social media account, and any other information you permit the social network to share with third parties. The data we receive from these third-party sites is dependent upon that third party’s policies and your privacy settings on that third-party site. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.

Location Information.

We collect information about your location through GPS, WiFi, wireless network triangulation or other method in order to obtain your location for the purposes of providing our Service, if your browser or your mobile device settings allow it. We may also approximate your location by your IP Address. We maintain location information only so long as is reasonable to provide the Service and then delete location data tied to your personal you are using one of our services. We may maintain de-identified location data for a longer period of time in order to analyze aggregate trends and metrics.

Information we receive from third parties.

From time to time, we may receive information about you from third parties and other users if your settings on your browser allow it. We may also collect information about you that is publicly available.

COOKIES AND OTHER INFORMATION COLLECTED BY AUTOMATED MEANS

We use cookies, as most websites do, to manage your experience. These are called “necessary” or “session” cookies, they are required in order for the website to operate properly, and they stop tracking you once you leave the website. You must consent to the use of these cookies if you want to use the website.

We also use third party cookies. We, and our partners, may also collect certain types of usage information by automated means when you visit our Services, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information and similar technology (collectively, “tracking technologies”). You may manage and disable non-necessary tracking technologies following the instructions in your preferred browser for disabling third party cookies.

For example, we collect information about your device and its software, such as your IP address, browser type, internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information. We also collect information about the way you use our Service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, and other actions you take on the Service. When you access our Services from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services and to understand more about the demographics of our users. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.

We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (e) diagnose or fix technology problems; and (f) otherwise plan for and enhance our service.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Services may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

We and our partners may also use cookies and tracking technologies for advertising purposes, which you may disable by following the directions in your preferred browser(s). For more information about tracking technologies, please see “Tracking and Advertising” below.

SMS / TEXT MESSAGING

We use text messaging to send automated transactional messages to your mobile device when you place an order. These messages include status updates on your order, delivery messages, and messages pertaining to your transaction or information you provided. Providing your mobile number is not required to place an order, but doing so gives us permission to send you transactional message.

You may have the option to receive coupons, offers, and advertising content via text message. If you expressly provide us your mobile number in response to an invitation we’ve made (in email, print media, on social media, or through another means), you will receive promotional text messages that include advertisements, coupons, discounts for El Silencio products and services, until you tell us to stop. To stop these commercial messages, you can reply stop to any commercial message, or follow the instructions contained in the text message.

HOW WE USE YOUR INFORMATION

We may use the information we collect to:

· Establish and maintain any account you create on our websites or mobile apps;

· Fulfill, manage, and send you information about your orders;

· Communicate with you about our Services, including the services we offer and our websites and mobile apps;

· Respond to your requests, inquiries, comments, and suggestions;

· Facilitate your engagement with the Services, including to enable you to post comments and reviews;

· Offer promotions, sweepstakes, or other contests;

· Administer surveys and other market research;

· Conduct research on our customer demographics, interests and behavior;

· Operate, evaluate and improve our business, our websites and mobile apps, and other products and services we offer (including to develop new products and services);

· Tailor the content we display to you in our communications, and in connection with your use of our websites or mobile apps;

· Analyze and enhance our communications and strategies (including by identifying when emails sent to you have been received and read);

· Provide you with important administrative information regarding the Services such as changes to this Privacy Policy and our Terms of Use and other policies;

· Comply with legal requirements, judicial processes, and our company policies (including to verify users’ identity in connection with access or correction requests); and

· Protect against, identify, investigate, and respond to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile apps), and claims and other liabilities, including by enforcing the terms and conditions that govern the use of our websites and mobile apps.

HOW WE SHARE YOUR INFORMATION

We may share your personal data in the instances described here. For further information on your choices regarding your information, see the “Your Rights and Choices” section below.

We may share your personal data with:

· El Silencio’s subsidiaries and affiliates, and other companies owned by or under common ownership as El Silencio;

· Service providers that perform services on our behalf, as needed to carry out their work for us, including: customer service and support providers; shipping and fulfillment service providers; payment-processing providers; survey- and market-research providers; advertising partners; analytics organizations; and technology providers (including technology support, email- and web-hosting providers, email providers);

· Entities with whom we partner to provide contests and sweepstakes, which will usually be identified by name in the Official Rules of the contest or sweepstakes;

· Entities at your request. For example, you may have the option to share your activities on El Silencio with your friends through email, text or on various social media sites; and

· The public when you provide feedback or user content on our Services. For example, if you post user content on our blog or comment on our social media sites, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our website or on our social media pages.

We may also disclose your personal data to comply with a legal or regulatory obligation, protect and defend El Silencio’s rights or property, protect the safety of our customers and website and mobile app users or the public, or to protect against legal liability. Unless prohibited by applicable law, we reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will—where required by applicable law—make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your personal data.

If you have provided personal data to us and you are from a jurisdiction that allows you to know, port, and/or request deletion of that information as outlined below, El Silencio will comply with the laws of that jurisdiction.

We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

YOUR RIGHTS AND CHOICES

Deletion of personal data. You may request that we delete your personal data by emailing us at info@silencio.com. We may reject your request, as permitted by applicable law. For example, El Silencio may be required by legal, tax or other reasons to retain your personal information in its business records.

El Silencio account. You may review, update, or modify your account information, including profile and contact information, by logging into your El Silencio account on your settings page. You may delete your El Silencio account by emailing info@silencio.com. Where permitted by applicable law, we may retain user content generated prior to deletion (such as reviews). Such user content may continue to be publicly accessible and/or disclosed to third parties in accordance with this Privacy Policy.

California Residents. Under the California Consumer Privacy Act (the “CCPA”), "personal information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Under the CCPA we must disclose the categories of personal information about California residents that we collect, sell, and/or disclose to third parties or service providers for a business purpose. Please see above for that information.

Please also be advised that we do not and will not sell personal information of our members while this Privacy Policy remains in effect.

We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used. Much of that information is provided herein.

Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:

Right of Deletion: California residents have the right to request deletion of their personal information that we have collected about them, subject to certain exemptions, and to have such personal information deleted, except where necessary for any of a list of exempt purposes.

Right to Know – Right to a Copy: California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.

Right to Know – Right to Information: California residents have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the categories of personal information collected; the sources for that personal information; the purpose for collecting and selling personal information; to whom we have disclosed that information.

If you would like to have your information deleted or if you would like to exercise your rights under the CCPA to a copy, and / or the right to information we have, please contact us via email at info@silencio.com or call us at (___) ___-____. We will respond to verifiable requests received from California consumers consistent with California law.

California Eraser Law. If you are 18 and a California resident, and you discover an image posted on one of our Digital Sites taken when you were a minor, the California Eraser law allows you to have us remove the image from view, pursuant to your request. Should you request removal, please be advised that it will be removed only from those sites under our control, and for privacy purposes, we may ask you to verify your request.

European Union Residents. If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below If you have provided us with personal information (e.g., in setting up an account), we will use that information only for the purpose for which you provided it, as outlined herein. In the event that you do not have an ongoing relationship with us (for instance, if you stop receiving our newsletter and your account has been dormant with no credit balance for a period of three years), all personal information except that which we are required to maintain by law) will be deleted in accordance with our internal processes. Once information is deleted, it cannot be recovered.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Marketing. You may unsubscribe from receiving marketing or other commercial emails from El Silencio by following the instructions included in the email. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as order confirmation emails or changes in our website or mobile app terms).

TRACKING AND ADVERTISING

We may share, or we may permit online advertising networks, social media companies and other services, to collect information about your use of our website over time so that they may play or display ads on our Service, on other devices you may use, and on other websites, apps or services. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including clickstream information, browser type, time and date you visited the site and other information. We may also share a common account identifier (such as an email address or user ID) to help us identify you across devices. We and our partners use this information to make the advertisements you see online more relevant to your interests. We do not link this information to your account information or any other data that could specifically identify you. Our contracts with these partners require that the information collected only be used for the purposes we specify and that the information be kept confidential. As noted above, depending on your browser or mobile device, you may be able set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). To learn more about interest-based advertising and how you may be able to opt out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. Some of these opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers or delete the opt-out cookie, you may need to perform the opt-out task again. You may also be able to opt out of some – but not all – interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.

CHILDREN'S AND ADULT MINORS PRIVACY

Our websites do not knowingly collect personal data from adult minors under the age of 21, including children under the age of 16. If you have reason to believe that any individual under the age of 21 has provided personal data to us through our websites or mobile apps, please contact us at info@silencio.com, and we will endeavor to delete that information from our databases.

LINKS TO OTHER WEBSITES AND THIRD-PARTY CONTENT

We may provide links to other websites, services, and applications, such as Facebook, that are not operated or controlled by El Silencio (the “Third-Party Services”). The policies and procedures we described here do not apply to the Third-Party Services. While we attempt to facilitate access only to those Third-Party Services that share our respect for your privacy, we cannot take responsibility for the content, privacy policies, or practices of those Third-Party Services. We encourage you to review and understand the privacy practices of any Third-Party Services before providing any information to or through them.

The Services also may include an activity feed, social media buttons and widgets, such as the Facebook “Like” button or the “Share This” button. Your interactions with these features are governed by the privacy policy of the Third-Party Service that provides the feature.

DATA STORAGE AND TRANSFER

Your information collected through our website may be stored and processed in the United States or any other country in which we or our affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and your consent to the transfer of information to the United States or any other country in which the El Silencio or its parent, subsidiaries, affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

SECURITY

El Silencio maintains reasonable administrative, technical and physical safeguards designed to protect the personal data we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, we cannot guarantee that the measures we maintain will ensure the security of the personal data.

DATA RETENTION

Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose.

CHANGES TO OUR PRIVACY POLICY

We may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘“last modified’” date at the top of this page. If you object to any changes, you may close your account. Continuing to use our Services after we publish changes to this Privacy Policy means that you are consenting to the changes.

CONTACTING EL SILENCIO

You may contact us if you have any questions about this Privacy Policy or our privacy practices at info@silencio.com or at the following address: El Silencio Holdings, LLC, 1625 17th St #5, Santa Monica, CA, 90404, United States.

MEZCAL EL SILENCIO and SHARETHESILENCE are registered trademarks. © 2018 El Silencio Holdings Inc., Santa Monica, CA, USA.
Mezcal El Silencio 40% and 43% Alc./Vol. Imported into the USA by Park Street Imports, LLC., Miami, FL.
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