Terms & Conditions and Privacy & Cookies Notice

TERMS AND CONDITIONS

Any use by you of the Tuthilltown website at www.tuthilltown.com (Website) is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement (below).The following Terms and Conditions apply to users, viewers and all people who access this Website. This Website is operated by the William Grant & Sons Group of companies (WGS Group), the parent company of which is William Grant & Sons Limited, registered in Scotland with company number 131772 and registered office at The Glenfiddich Distillery, Dufftown, Banffshire, AB55 4DH.

Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website.

TO ACCESS THE WEBSITE YOU MUST BE OF LEGAL DRINKING AGE IN THE COUNTRY WHERE YOU ARE VIEWING THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE.

All references to ‘our’, ‘us’, ‘we’ or ‘Company’ within this policy and within the opt-in notice are deemed to refer to William Grant & Sons Limited, its subsidiaries, affiliates and associates.

INTRODUCTION

1. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.

2. The Company may revise these Terms and Conditions at any time by updating this posting.

3. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted.  Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement.

INTELLECTUAL PROPERTY

4. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation trade marks, designs, logos, text, images, audio and video materials and bottle designs) are owned or licenced by the Company.

5. Without limitation, the trademarks and all related logos, labels, bottle designs and all other intellectual property associated with the Tuthilltown brand are owned by the Company.

6. Without prejudice to clause 4 of these Terms and Conditions, any other product names and images used in this Website are for identification purposes only.  All trademarks and registered trademarks included in such product names and images are the property of their respective owners.

7. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company.

8. Any rights not expressly granted in these Terms and Conditions are reserved.

SERVICE ACCESS & ACCEPTABLE USE

9. The Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily or permanently without notice.

10. Without prejudice to Clause 9, the Company reserves the right to suspend, terminate or restrict access to the Website if these Terms and Conditions are breached.

11. You shall keep any passwords and usernames allocated to you confidential and the Company reserves the right to suspend or terminate the username and password if the Company suspects non-compliance by you with these Terms and Conditions.

12. You may use the Website only for lawful purposes. You may not use the Website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent effect; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of spam; to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware; to undertake any other activity that would contravene the Computer Misuse Act 1990 (UK).

SUBMISSIONS

13. Other than personally identifiable information, which is covered under our Privacy Policy, where you are invited to submit any contribution to this Website (including without limitation any text, graphics, video or audio) you grant the Company a perpetual, worldwide, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, communicate to the public and exercise all copyright and publicity rights with respect to any such work and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in the Company’s Privacy. If you do not wish to grant such rights to the Company, you should not submit your contribution to this Website.

14. By submitting your content to this Website, you also:

warrant that such contribution is your own original work and that you have the right to make it available to the Company for all the purposes specified above; and agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.

15. You agree not to submit any contribution that is not original to you or otherwise infringes the rights of, or that restricts or inhibits the use and enjoyment of this Website by, any third party. Your use and submission must not be unlawful, nor may it harass or cause distress or inconvenience to any person and will not contain obscene or offensive content or disrupt the normal flow of dialogue within this Website.

16. You will not, nor will you encourage any other party, to make any statement or introduce any contribution which includes: swearing and/or unacceptable, indecent, defamatory, threatening, violent or discriminatory (based on race, religion, sex, sexual orientation, national origin, age or physical or mental disability) language; discussions that encourage, promote or provide information about illegal or criminal activities (including but not limited to pornography, explosives, weapons, violence, drugs, programming viruses, computer hacking and copyright infringement); posting of addresses for other web sites or content that infringes any third party’s intellectual property rights; exchanging telephone numbers or home addresses, the harassment of other users of the site (either privately or in a public forum), or the impersonation of our staff, celebrities or any other characters; actions that would disrupt or impair the functioning, stability or security of the site (including but not limited to the introduction of viruses, bugs, worms, Trojan horses or any other form of contaminants); advertisements, promotions, unsolicited approaches, or any other use of the site for unauthorized commercial purposes; and any derogatory remarks about the Company or the site.

17. You agree to indemnify the Company against all legal fees, damages and other expenses that may be incurred by the Company as a result of a breach or suspected breach by you of any of the Terms or the rights of any third party or any violation by you of any law.

18. Although we ask all Website users to adhere to these Terms, you acknowledge that other users may submit material that you consider offensive or objectionable. The Company assumes no responsibility or liability for the individual user content submitted to the Website and such submissions do not represent the views of the Company.

19. In contributing to our Website you agree to grant us a royalty-free, non-exclusive licence to publish and otherwise use the material in any way that we want, and in any media worldwide.

LINKS TO OTHER WEBSITES

20. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

RESTRICTION ON LIABILITY

21. While the Company endeavors to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. To the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law).

22. Subject to Clause 23, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

23. Nothing in these Terms and Conditions shall limit the Company’s liability for: death or personal injury caused by the negligence of the Company, its directors, agents, officers or representatives; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited by law.

GOVERNING LAW AND JURISDICTION

24. These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Scottish courts although the Company retains the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

PRIVACY POLICY

PRIVACY POLICY

All references to ‘our’, ‘us’, ‘we’ or ‘company’ within this policy are deemed to refer to William Grant & Sons Limited, its subsidiaries, affiliates and associates.
This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Whilst this policy sets out our general policy on how we collect and use your personal data, in some circumstances we may inform you that different terms apply to the collection and use of your personal data.
For the purpose of the Data Protection Act 1998 (the “Act”), the data controllers are William Grant & Sons Limited, registered in Scotland with company number 131772 and registered address at The Glenfiddich Distillery, Dufftown, Banffshire, AB55 4DH.

INFORMATION WE MAY COLLECT FROM YOUWe may collect and process the following data about you:
Information that you provide by filling in forms on our site www.hendricksgin.com (“Our Site”). This includes information provided at the time of ordering products via our online shop, and subscribing to our alerts service which will tell you of any future offers available. We may also ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with our site. Records of correspondence between us.
Information you provide if you agree to complete any surveys we may use for market research purposes.
Details of purchases of products you buy from us through our online shop and of the fulfilment of your orders.
Details of your visits to our site including, but not limited to, traffic data, location data, web server logs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
By providing any personal information to us, you fully understand and clearly consent to the transfer of such personal information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with this privacy policy.

IP ADDRESSES AND COOKIESWe may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
To estimate our audience size and usage pattern.
To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies (visit www.allaboutcookies.org for assistance with adjusting your browser settings). However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

WHERE WE STORE YOUR PERSONAL DATAWe will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored in secure managed servers. Any payment transactions are encrypted using SSL technology, and payment details are not kept following completion of the transaction. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

USES MADE OF THE INFORMATIONWe use information held about you in the following ways:
To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To allow you to participate in interactive features of our site, when you choose to do so.
To notify you about changes to our service.
We may also use your data, or permit selected third parties we appoint to help us, to contact you with information about Hudson Whiskey, and other goods and services we provide which may be of interest to you if you have consented to us contacting you. Such contact may be by post, email or telephone.

DISCLOSURE OF YOUR INFORMATION We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to our suppliers, distributors (wholly or partly owned) and other contractors who are engaged by us to assist in the provision of products and services to you, including delivery of products ordered by you and the conduct of market research which you have agreed to participate in.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If William Grant & Sons Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or to protect the rights, property, or safety of William Grant & Sons Limited, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at TBD WGS Email address
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to distillery@tuthilltown.com.

 

PRIVACY & COOKIE NOTICE

1. All references to “our”, ”us”, ”we” or ”Company” within this policy are deemed to refer to William Grant & Sons Limited, its subsidiaries, affiliates and associates.

 

This Privacy & Cookies notice (together with our Website(s) Terms & Conditions and any other documents referred to on them) set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following information carefully to understand our practices regarding your personal data and how we will treat it.

 

For the purpose of the Data Protection Act 1998 (Act), the data controller is William Grant & Sons Limited, registered in Scotland with company number SC131772 and registered address at The Glenfiddich Distillery, Dufftown, Banffshire, AB55 4DH.

 

Information we may collect from you

 

2. You must not provide us with your personal information if you are not of legal age to purchase alcohol in the jurisdiction in which you reside and (if different) in the jurisdiction in which you are accessing the Website(s). We do not intend to collect personal information from any individuals under the legal purchase age, or to market alcoholic beverages to anyone under the legal purchase age. If we receive notice or believe that someone under the legal purchase age has provided us with personal information we will make every reasonable effort to remove such personal information from our files, or to flag such personal information and (to the extent permitted by law) retain it for the sole purpose of ensuring that it is no longer used.

It is your choice to provide us with personal information. We will only collect personal information that you choose to provide. This includes personal information you provide us with:

a)   when registering with our Website(s), contacting us, completing surveys or questionnaires, entering competitions, promotions or events sponsored       by us, and posting information on public areas of our Website(s);

b)   through your use of our Website(s) such as your name, contact details, personal preferences, and details of your website use; and

c)   when you purchase products from us through our online shops and through the fulfillment of your orders.

By doing so, you are agreeing to our use of that information as set out in this Privacy & Cookie notice and Website(s) Terms & Conditions.

 

3. Sometimes, we will give you the option to choose whether you would like to receive information from us or not (e.g. by choosing to opt in or opt out of receiving emails from us with news about our brands or promotional offers). However, you will sometimes not have the option to opt out, such as when we are satisfying the obligations of a contract with you, or administering a transaction requested by you.

 

COOKIES

4. We may also obtain information about your general internet usage by using a cookie file. Cookies are small text files that are placed on your computer by websites that you visit (Cookies). Cookies can’t harm your computer and we don’t store personally identifiable information, but we do use encrypted information gathered from them to help improve your experience of the Website(s) and to deliver a better and more personalised service.

 

Cookies enable us to:

a)   estimate our audience size and usage pattern; and

b)   recognise you when you return to the Website(s).

So that you can make full use of the personalised features on our Website(s), your computer, mobile phone or other device (Device) will need to accept Cookies.

 

5. Here’s a list of the main Cookies that may be sent to your Device and what we use each Cookie for. You can set your browser to reject Cookies (see section 7 below for more information on how to do this), but if you do this, certain personalised features of our Website(s) cannot be provided to you.

 

Here we assign header information to cells by setting the scope attribute.

Cookie Name: AGE_VERIFIED

Cookie Purpose: This cookie shows that the user has passed the age gate

More Information: Lda_visited

Cookie Name: Google Analytics. __utma, __utmb __utmz __utmc _utm*

Cookie Purpose: These cookies are used to collect information about how visitors use our Website(s). The cookies collect information in an anonymous form, including the number of visitors to the Website(s), where visitors have come to the Website(s) from and the pages they visited.

More Information:  Click here for an overview of privacy at Google

 

6. To support our Website(s) we may occasionally embed photos and video content from other third party websites such as Flickr and YouTube. Pages with this embedded content may present you with Cookies from these websites. We do not control the distribution of these Cookies and you should check the relevant third party website for more information about these.

 

7. You may refuse to accept Cookies from us by: (a) not opting in to the use of Cookies by us on the landing page of the Website(s); or (b) activating the setting on your browser which allows you to refuse the setting of Cookies (visit http://www.allaboutcookies.org/ for assistance with adjusting your browser settings).

 

8. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

 

WHERE WE STORE YOUR PERSONAL DATA

9. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy & Cookies notice. All information you provide to us is stored in secure managed servers. Any payment transactions are encrypted using SSL technology, and payment details are not kept following completion of the transaction. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website(s), you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

 

10. If you are giving us your personal information in the course of purchasing, registering, or subscribing to a service or product, then we will only use your information in order to provide you with that service or for closely related purposes. We use some carefully selected third parties to help us deliver these services and products to you but they are only allowed to use your personal information to deliver the service or product you have purchased, registered or subscribed to. Some of our trusted third parties in supporting these services will transfer your information overseas, but we make sure that your information remains protected and secure.

 

USES MADE OF THE INFORMATION

11. We use information held about you in the following ways:

a to ensure that content from the Website(s) is presented in the most effective manner for you and for your computer and/or Device;

b to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;

c to allow you to participate in interactive features of the Website(s), when you choose to do so;

d to notify you about changes to our products and services; and

e the fulfillment of online purchases.

 

DISCLOSURE OF YOUR INFORMATION

12. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

13. We may disclose your personal information to our suppliers, distributors (wholly or partly owned) and other contractors who are engaged by us to assist in the provision of products and services to you, including delivery of products ordered by you and the conduct of market research which you have agreed to participate in.

14. We may disclose your personal information to third parties:

a. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

b. If the Company, or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

c. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

 

YOUR RIGHTS

15. You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, unsubscribing from communication. You can also exercise the right at any time by contacting us at:

 

William Grant & Sons Ltd

Independence House

84 Lower Mortlake Road

Richmond  Surrey TW9 2HS

16. The Website(s) may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

ACCESS TO INFORMATION

17. The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 (UK Sterling) to meet our costs in providing you with details of the information we hold about you.

You can find out if we hold any personal information by making a ‘subject access request’ under the Data Protection Act 1998. If we do hold information about you we will:

a give you a description of it;

b tell you why we were holding it;

c tell you who it could be disclosed to; and

d let you have a copy of the information in an intelligible form.

 

To make a request for any personal information we may hold you need to put a request in writing using the contact details at the end of this notice.

CHANGES TO OUR PRIVACY & COOKIES NOTICE

18. Any changes we may make to our Privacy & Cookies notice in the future will be posted on this page and, where appropriate, notified to you by email.

 

CONTACT

19. Questions, comments and requests regarding this Privacy &Cookies notice are welcomed and should be addressed to:

 

William Grant & Sons Ltd

Independence House

84 Lower Mortlake Road

Richmons  Surrey   TW9 2HS

 

GOVERNING LAW AND JURISDICTION

20. This Privacy & Cookies notice shall be governed by and construed in accordance with the laws of Scotland. Disputes arising in connection with this Privacy & Cookies notice shall be subject to the exclusive jurisdiction of the Scottish Courts although the Company retains the right to bring proceedings against you for breach of this Privacy & Cookies notice in your country of residence or any other relevant country.

 

Company        Registered Office       Company No.

William Grant & Sons Ltd – SC131772

THE GLENFIDDICH DISTILLERY

DUFFTOWN  BANFFSHIRE  AB55 4DH

 

The Balvenie Distillery Company Limited – SC138003

THE BALVENIE MALTINGS,  DUFFTOWN  BANFFSHIRE AB55 4BB

 

The Hendrick’s Gin Distillery Ltd -SC236185

THE GIRVAN DISTILLERY, GIRVAN  KA26 9PT

 

Quality Spirits International Ltd  – 01994340

INDEPENDENCE HOUSE, 84 LOWER MORTLAKE ROAD  RICHMOND, SURREY  TW9 2HS

 

William Grant & Sons Distillers Ltd – SC134248

THE GLENFIDDICH DISTILLERY, DUFFTOWN,  BANFFSHIRE  AB55 4DH

 

William Grant & Sons Irish Brands Ltd – 485520

4TH FLOOR, BLOCK D, IVEAGH, COURT   HARCOURT ROAD    DUBLIN 2, IRELAND

 

William Grant & Sons UK Ltd – 02288241

FORM 1 17 BARTLEY WOOD, BUSINESS PARK, BARTLEY WOOD  HOOK RH27 9XA

 


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