LAST UPDATED:  June 6, 2024

Protecting your privacy is our priority.  This Privacy Policy (the “Policy”) applies to your access and use of abartacocacola.com and ACCB’s ecommerce portal (the “Portal”, together with abartacocacola.com, the “Sites”) and governs how ABARTA Coca-Cola Beverages, LLC (“ACCB” or “we”, “us”, or “our”) collect, use, store and protect the information of customers and end users (“User”, “you”, or “your”) including in connection with our Sites and any other website controlled by ACCB that posts this Privacy Policy. The purpose of this Policy is to describe the privacy practices that apply to your use of the Sites and to describe the choices you can make about our use of your information.

By using the Sites, you consent to the data practices described in this Policy. You understand that we may update this Policy from time to time by posting the amended version, including the effective date of the updated version, and it is your responsibility to review the Policy for any changes. Your use of the Sites after we post an updated Policy constitutes your acceptance of the Policy as modified. If you do not agree to be bound by this Policy or any subsequent modifications, you should not access or use our Sites or disclose any Personal Information through our Sites. This Policy is incorporated into and governed by the ACCB Website Terms of Use, as applicable.

PERSONAL INFORMATION WE MAY COLLECT

We may collect the following categories of Personal Information from you, depending on your interactions with the Sites and the choices you make, as further described below. Personal Information means information that identifies you individually, including, but not limited to:

• Name
• User Name
• Postal Address
• Country of Residence
• Email Address
• Bank Account Information
• Automated Clearing House (ACH) Information
• Credit/Debit Card Information
• Professional or Employment-Related Information (including educational history)

As further described in “Computer Information Collected” below, information about your computer hardware and software may also be automatically collected by ACCB. This information can include, but is not limited to: your IP address, HTTP header, system date, full request, status, content length, method, URI, URI Query String, protocol, browser type, domain names, access times, location at the time of access and referring website addresses. This information may be used for several reasons, including but not limited to: (i) the operation of the Sites, (ii) to maintain the quality of the Sites, and (iii) to provide general statistics regarding use of the Sites.

 

HOW YOUR INFORMATION MAY BE COLLECTED

• Information you Provide:  We may collect Personal Information from you when you use the Sites or when you voluntarily provide it.
• Through Affiliated Sites:  We may collect Personal Information through affiliated websites, e.g., when you sign up for a newsletter or make a purchase on the Portal.
• Online Tracking: as described in “Computer Information Collected” below.
• From Other Sources:  In addition, we may receive your Personal Information from third parties in connection with the Sites, including from the following sources:  public databases; joint marketing partners; social media platforms; service providers (including shipping partners and payment processors); email, chat, and other communications service providers; customer service providers; and promotional partners.  For example, if you elect to connect to the Sites from your social media account, certain Personal Information from your social media account will be provided to us, which may include Personal Information that is part of your profile or your friends’ profiles. In some instances, you may be permitted to allow or deny such collection and/or sharing of your device’s location, but if you choose to deny such collection practices and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.

 

COMPUTER INFORMATION COLLECTED

When you use our Sites, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Sites. This can be Personal Information or non-personal information that is collected about you when you are using the Sites, and may include:

• Information about your interactions with our Sites, which includes the date and time of any information you enter into our Sites.
• User content you post to our Sites including messages you send and/or receive through our Sites and your interactions with our customer service team.
• Technical data, which may include URL information, Cookie data, web beacons and other tracking technology information, your IP address, the types of devices you are using to access or connect to our Sites, unique device IDs, device attributes, network connection type (e.g., Wi-Fi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, and operating system.

Further details about the technical data that is processed by us can be found below.

i. Cookies and Other Tracking Technologies

Our Sites use “Cookies.” Cookies are small data files that are downloaded onto your computer or mobile device when you use the Services, which are unique to your device. Your web browser stores Cookies in a manner associated with each website you visit. We or our third-party partners may use Cookies to recognize your web browser and tell us how and when you visit the Sites, and to identify the areas of our Sites that you have visited. Cookies help us learn which areas of the Sites are useful and which areas need improvement. We also use Cookies and other technologies to enhance your online experience by eliminating the need to register multiple times for registration-required content. Finally, we may use Cookies to personalize the content that you see on our Sites.

Cookies may be either persistent or temporary (or session) Cookies. A persistent Cookie retains user preferences for a particular website, app or service, allowing those preferences to be used in future use sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary Cookie, on the other hand, will expire at the end of the user session, when the web browser or app is closed.

You can choose whether to accept Cookies by changing the settings on your browser or device, as discussed further in “Your Rights and Options Regarding Your Personal Information,” below. If you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some features of the Sites will not function properly when you view them. We never place Personal Information in Cookies.

ii. Pixels, web beacons

We or our third-party partners may use invisible pixels or beacons on our Sites to count how many users access or use certain pages, features or content. This information is collected and reported in the aggregate. We may use this information to improve our current offerings, and to develop new products or services.  We use all of this information to analyze trends among our users to help improve our Sites, including the Portal.

HOW WE MAY USE YOUR INFORMATION

To the extent permitted by applicable law, we may use your personal information:

• To respond to your inquiries and fulfill your requests, such as to send you newsletters or to respond to your questions and comments;
• To send administrative information to you, for example, information regarding the Sites and changes to our terms, conditions, and policies;
• To provide you with updates and announcements concerning our products, promotions and programs and to send you invitations to participate in special programs;
• To send you advertising/promotional material from any of our affiliates, and from our promotional and strategic partners;
• To personalize your experience on the Sites by presenting products and offers tailored to you;
• To allow you to participate in polls, sweepstakes, instant win promotions, contests and other promotions and to administer these activities.  Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so it is important that you read any additional rules carefully;
• For our business purposes, such as analyzing and managing our businesses, market research, audits, developing new products, enhancing our Sites, improving our services and products, identifying usage trends, determining the effectiveness of our promotional campaigns, tailoring the experience using the Sites and content based on your past activities on the Sites, and gauging customer satisfaction and providing customer service (including troubleshooting in connection with customer issues); and
• As we believe to be necessary or appropriate: (a) to comply with legal process; (b) to respond to requests from public and government authorities; (c) to enforce our terms and conditions; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to another entity in the event of a merger or acquisition and (f) to allow us to pursue available remedies or limit the damages that we may sustain.

 

HOW YOUR PERSONAL INFORMATION MAY BE DISCLOSED

To the extent permitted by applicable law, your Personal Information may be disclosed:

• To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other services, to enable them to provide services;

• To our third-party strategic partners with whom we may enter into a special relationship.  Because these third parties will use your Personal Information in accordance with their own privacy practices, you should check their websites for information regarding their privacy practices.
• In connection with promotions, for example, to third parties that are sponsors of sweepstakes, instant win promotions, contests and other promotions, to provide lists of the names and countries of residence of winners and/or to announce the names of visitors on the Sites (e.g., on our blog) or otherwise in accordance with the rules applicable to the applicable promotion.  To the extent that the terms and conditions of the rules concerning the treatment of your Personal Information conflict with this Policy, the terms and conditions of the rules shall control.
• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

HOW YOU CAN ACCESS YOUR PERSONAL INFORMATION

To review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that has been previously provided to us, please email, call or write to us using the contact information listed below in the “Contacting Us” section and clearly describe your request.

In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information.  We will try to comply with your request as soon as commercially reasonable.  Note that despite our efforts, there may be residual information that will remain within our databases and other records, which will not be removed or changed.  Further, please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). Please also note that ACCB will use commercially reasonable efforts to comply with your request, but it is not under a legal obligation to do so.

If you are a user of the Portal, you can directly review, correct, and update your Personal Information via your account on the Portal.

YOUR RIGHTS AND OPTIONS REGARDING YOUR PERSONAL INFORMATION

i. Marketing Preferences

You have choices about how we use your Personal Information to communicate with you, send you marketing information, and whether you want to stay signed into your account. By providing your telephone number and/or email address to us, you consent to receive phone calls and/or emails from or on behalf of ACCB and/or our partners and suppliers, including automated marketing messages sent via email. If you would like to opt out of marketing-related email communications from us, you can use the unsubscribe link found at the bottom of the email, or by contacting us as set forth in Contacting Us below. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.

ii. Personalized Advertising

If you do not wish to participate in advertising personalization programs, generally, you can opt-out of the collection of data across unaffiliated sites over time for interest-based advertising and other purposes from companies participating in the Digital Advertising Alliance (DAA) Consumer Choice Page at www.aboutads.info/choices and from members of the Network Advertising Initiative (NAI) at www.networkadvertising.org/choices.  You also may opt out of receiving interest-based ads from Amazon, Facebook and Google. You will continue to see ads on each platform, but they will not be personalized as a result of your actions on our website. Please visit the links below if you wish to opt out or update your preferences.

• Amazon: https://www.amazon.com/adprefs
• Facebook: https://www.facebook.com/ads/preferences
• Google AdWords: https://adssettings.google.com/authenticated?hl=en

Please note that we and other companies may still collect information when you are online, and opting out through these mechanisms does not opt you out of being served advertising. You will continue to be served generic ads while online.

iii. Cookies; “Do Not Track” Settings

As noted above in “Computer Information Collected” above, you can choose whether to accept Cookies by changing the settings on your browser or device. If you choose to disable Cookies, your experience with the Sites may be impaired and some features may not work as they were intended.

Additionally, some web browsers have “Do Not Track” settings that enable you to request that our Sites do not track your movement within our Sites. However, these features are not yet uniform, so we do not currently respond to such settings when transmitted to and detected by our Sites. Therefore, if you opt to activate your browser’s “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Policy. This does not change our compliance in any other way with our Privacy Policy. You may opt to activate your browser’s do not track settings.

HOW LONG WE SAVE YOUR INFORMATION

We will retain your Personal Information only for as long as you use the Sites or for the period necessary to fulfill the legitimate business purposes outlined in this Policy as determined in our sole discretion, unless a longer retention period is required or permitted by law. Additionally, we may continue to store your Personal Information contained in our standard backups.

THIRD PARTY SITES

This Policy does not address or apply to, and we are not responsible for, the privacy, information or other practices of any third parties that we do not own or control, including but not limited to any third party websites, services, and applications that are linked to or made available on our Sites (“Third-Party Services”).  You understand that these websites are not under our control and are not subject to our Policy, and you should exercise caution when deciding to disclose any Personal Information through those Third-Party Services. These websites will likely have their own privacy policies, and you should read the privacy policies of third-party websites carefully. The inclusion of a link to these Third-Party Services on the Sites does not imply endorsement by us or by our affiliates. We have no responsibility for these Third-Party Services and provide links to these third-party websites solely for your convenience. You also agree and acknowledge that ACCB will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, services, resources or goods on or through any such Third-Party Service. You acknowledge that your use and access of these other websites is solely at your own risk.

For clarity, this Policy does not govern any e-commerce websites to which the Sites, including the Portal, may contain a link (such as Third-Party Services), unless such a website contains a link to this Policy.  Any Personal Information that you provide through the Portal will be subject to the privacy policy of the Portal, and not this Policy.

Additionally, we may provide you with access to third-party functionality that permits you to post content to your social media account(s).  Please note that any information that you provide through use of this functionality is governed by the applicable third party’s privacy policy, and not by this Policy.  We have no control over, and shall not be responsible for, any third party’s use of information that you provide through use of this functionality.

We are also not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including in connection with any Personal Information you disclose to other organizations through or in connection with the Sites, including the Portal.

TRANSFER OF DATA; SPECIAL NOTICE TO NON-U.S. USERS

Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there. Your consent to this Policy followed by your submission of such information represents your agreement to that transfer.

We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

SENSITIVE PERSONAL INFORMATION

We ask that you not send us, and you not disclose, any sensitive personal information as this term is defined under applicable data protection and privacy laws (for example, social security numbers, driver’s license, financial account login, debit or credit card number in combination with any required security or access code, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Sites or otherwise to us.

If you send or disclose any sensitive personal information to us, we will delete any and all such sensitive personal information. You must not submit such content to our Sites.

POLICY ON CHILDREN’S INFORMATION

The Sites are not intended for use by anyone under the age of 18, particularly children under the age of 13 (“Children” or “Child”). By using the Sites, you represent that you are at least 13. If you do not meet this age requirement, please do not access or use the Sites. We do not knowingly collect Personal Information from Children, and we do not target the Sites to Children. For more information about the Children’s Online Privacy Protection Act (COPPA), which applies to websites that direct their services to Children, please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.  You acknowledge that we do not verify the age of our visitors not have any liability to do so.

If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us at any of the methods set forth under Contacting Us below. We may ask for proof of identification before we remove any information to prevent malicious removal of account information. If we discover on our own that we have collected Personal Information from a Child without verification of parental consent, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. If you are a Child, please seek the permission of a parent or guardian before accessing our Sites.

OUR SECURITY POLICY

We strive to use commercially acceptable means to protect your data; however, no method of transmission over the Internet is 100% secure, and we cannot guarantee or warrant that such techniques will prevent unauthorized access to your data. Any transmission of Personal Information is at your own risk.

We strongly urge you to protect any password you may have for our Sites (including the Portal) and not share it with anyone. You should always log out of the Portal and our other Sites, to the extent applicable, when you are done using it, especially if you are sharing a computer with someone else or are using a computer in a public place.

UPDATES TO THIS POLICY

We may change this Policy.  Please take a look at the “Last Updated” legend at the top of this page to see when this Policy was last revised.  Any changes to this Policy will become effective when we post the revised Policy on the Sites.  Your use of the Sites following these changes means that you accept the revised Policy.