Privacy Policy

MARTELL & Co and his distributors within Pernod Ricard Group (hereinafter “the Society”) attaches great importance to the protection of the Personal Data it collects. The purpose of this document is to inform you about the terms and conditions under which the Society processes your personal data.

Applicable regulations

The processing of personal data by the Society is subject in particular to European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the “GDPR”), as the Society is located in the EU.
With regard to this Privacy Policy, the Society is qualified as a controller and therefore undertakes to comply with its obligations under the Applicable Law. To this end, the Society shall in particular keep an up-to-date register of processing activities listing the information required.

Processing of Personal Data, purposes and legal basis

The Society carries out the following processing operations: direct and indirect collection, consultation, use, storage and all other operations strictly necessary for its activity and the Services it provides to you.
The Society undertakes to collect and process Personal Data that are adequate, relevant and limited to what is necessary for the purposes for which they are processed. Such Personal Data may be collected directly by the Society or indirectly through a third party.

Personal Data are collected and processed for specified, explicit and legitimate purposes and are not further processed in a manner incompatible with these purposes. These purposes are in particular the execution of the service agreed between the Parties and the monitoring of the relationship.

The Personal Data that the Society may need to process are, per purpose:

• To check the authenticity of the bottle you just bought: geolocation for the time you are on the website.
• In case of previously opened bottle: first name, last name
• To enjoy Martell services via the site: statistic and general data (cookies)

The legal bases of the processing operations carried out are in particular: the performance of the Contract and our legitimate interest.

Personal Data retention period

The Society undertakes to retain Personal Data only for as long as is strictly necessary for the processing for the purposes mentioned above, and in any event within the limits imposed by the applicable regulations and legislation. For example, the cookies are stored for a maximum period of 13 months.

However, the Society may retain certain Personal Data for subsequent periods in order to meet various obligations (e. g. accounting and tax), legal limitation periods and to respond to any requests for disclosure made by authorized third parties (tax authorities, police services, etc.).

Confidentiality and Information Sharing

The personal data may be shared with the Society’s distributors within Pernod Ricard group if such sharing is necessary to meet one of the purposes.

The Society ensures that its employees authorized to process Personal Data are subject to an obligation of confidentiality and are sensitized in an appropriate manner to the protection of Personal Data.

Personal Data won’t be transferred or sold to third parties without the prior express consent of the person concerned.

Personal Data may, if necessary, be transmitted to third party service providers involved in the provision of our services. The Society undertakes to communicate the Personal Data collected only to authorized and trusted third parties, who process them on its behalf, according to its instructions and in accordance with the present terms and conditions.

In addition, Personal Data may be disclosed to a third party if the Society is required to do so by law, regulation, or court order, or if such disclosure is necessary for the purposes of an investigation, injunction or judicial proceeding, within or outside the country.

Personal Data Security

a) Measures and guarantees provided by the Society: the Society provides a standard level of security to protect Personal Data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, as well as against any other form of unlawful processing or communication to unauthorized persons. In addition, the Society implements standard means to ensure the confidentiality, integrity and availability of the Personal Data processed. Despite all the security measures implemented by the Society, it cannot guarantee that communications and other Personal Data will not be intercepted or disclosed by a third party.

1. b) Breaches of Personal Data Protection: if the Society becomes aware of an incident affecting Personal Data (unauthorized access, loss, disclosure or alteration of data), it undertakes to inform the Commission National de l’Informatique et des Libertés (CNIL) no later than 72 hours after its discovery. In the event of a violation of Personal Data that may create a high risk to the rights and freedoms of an individual, the Society undertakes to inform the individual as soon as possible, and under the conditions and in accordance with the procedures provided for by the Privacy Regulations.

Rights of the data subjects

Any individual whose Personal Data are processed by the Society has the following rights:

Right of access (e.g. checking the data we keep and obtaining a copy);

Right to rectification (e.g. updating or correcting data if they are incomplete or incorrect);

Right to object at any time to the collection and processing of all or part of the data for the purposes of commercial prospecting, for example, including profiling, insofar as it is linked to such prospecting;

Right to limitation (e. g. in certain cases provided for by law, and if the data subject questions the processing of some of his data, he may request that its use be limited during the management of our dispute);

Right to portability (e.g. the data subject has the right to retrieve his or her data or to request their transmission to third party providers);

Right to erasure (e.g. the data subject may request the permanent deletion of the data from the database concerning him/her);

Right not to be the subject of a decision based exclusively on automatic processing, including profiling, which produces legal effects concerning the data subject or significantly affects him or her in a similar way.

The data subject may exercise these rights at any time by sending us a request by email to: groupdpo@pernod-ricard.com. We try to answer as soon as possible and in any case within the legal deadlines, i.e. 1 to 2 months depending on the case.

User Generated Contents

#YESMARTELL
We love to see the way you enjoy Martell products on social media and may request to share these photos/videos (your “UGC’s”) on our own channels. The channel where we will publish your UGC’s will primarily be the Martell website (martell.com ) but could also include the Martell newsletter or our own social media channels.
By responding to our request with the hashtag #YesMartell and tagging us with @martellofficial, you:
• give Martell the permission to use your UGC’s in their marketing and / or advertising, including in the gallery on the website, newsletters, social media, e-mail, and other customer communications, store materials and other marketing purposes.
• grant Martell the permission to use your UGC’s until you withdraw your permission
You will get:
• Free publicity on our channels and our website
• Full credit for your own picture: your social media channel will be linked and/or name is mentioned
• The possibility to withdraw your given permission at any moment in time
By agreeing to these terms, you give Martell a non-exclusive, royalty-free, transferable and worldwide license to use, publish, post online, copy, modify, create derivative works of share, and otherwise use and exploit in any manner your UGC’s for marketing and/or advertising purposes, including the right to reproduce, distribute, alter and edit your photos.
You represent and warrant that you own or control the rights to the material you have submitted and that you have permission from any person(s) appearing in the content. In case products of other brands appear on the content and this brand is mentioned on your UGC’s, we will also mention this brand when sharing your UGC’s. If other brands would be displayed in the content but are not mentioned, we also can not mention this brand. Nevertheless, we can always add a mentioning later on, after request. The content will remain your property at all times and given permission can be withdrawn.

Withdraw permission
If you would like to withdraw your permission, you can send us an e-mail at contact@martell.com and we will remove your UGC’s from our digital channels within 14 days. If we have used your UGC’s in our newsletter and/or magazine, it is not possible to remove the photo, but we will not use it again in the future.
If you want to know more about how Martell is processing your personal data, you can also refer to Privacy Policy , accessible on our website.

We look forward to sharing your UGC’s and your passion for Martell.