Terms & Conditions
BACARDI Global Terms and Conditions
September, 12, 2007
Terms and Conditions of Website Use
This page (together with the documents referred to on it) tells you the
terms of use on which you may make use of a website maintained by
Bacardi Global Brands Limited (our “Site”). Please read these terms of
use carefully before you start to use our Site.
This Site is maintained by Bacardi Global Brands Limited (“we” or “us”)
for the personal use, of persons who are lawfully permitted to consume
alcoholic beverages, in countries and other territories where the
consumption of alcoholic beverages is lawful. By using our Site, you
indicate that you accept these terms of use and that you agree to abide
by them.
Please exit our Site immediately if you do not accept these terms of
use, are not of a legal age for consuming alcoholic beverages in the
country or other territory in which you are located, or are accessing
our Site in a country or other territory where use of our Site is not
permitted.
INFORMATION ABOUT US
Bacardi Global Brands Limited is registered in
SOCIAL RESPONSIBILITY
We are extremely proud of our high quality brands, products and
marketing. That pride goes hand in hand with a deep sense of
responsibility and respect for the global communities that we serve and
the individual consumers who enjoy our products. As part of our
commitment to responsible marketing, we comply with the social
responsibility policies established by
DISCUS — the
Distilled Spirits Council for the United States and
EFRD — which set out
the principles we maintain in all of our sales and marketing activities,
including advertising and promotional programmes.
ACCESSING OUR SITE
Access to our Site is permitted on a temporary basis, and we reserve the
right to withdraw, amend, suspend or terminate indefinitely the service
we provide on our Site without notice. We will not be liable if for any
reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to
have access to our Site. You are also responsible for ensuring that all
persons who access our Site through your Internet connection are aware
of these terms, and that they comply with them.
If you choose, or you are provided with, a user identification code,
password or any other piece of information as part of a registration
scheme or a security procedure, you must treat such information as
confidential, and you must not disclose it to any third party. We will
not be responsible or liable, directly or indirectly, in any way for any
loss or damage of any kind incurred as a result of, or in connection
with, your failure to comply with this section of the Terms and
Conditions. We have the right to disable any user identification code or
password, whether chosen by you or allocated by us, at any time, if in
our opinion you have failed to comply with any of the provisions of
these terms of use. From time to time, we may restrict access to some
parts of our Site, or our entire site, to users who have registered with
us.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property and database rights, in our Site, and in the
materials published on it, including but not limited to trademarks,
designs, logos, text, images, audio and video materials, look and feel
and software (including code, interface and website structure)
(“Materials”) are owned by us, our subsidiaries, affiliates companies
and/or any of our partners (“the Owners”). The Materials are protected
by intellectual property laws and treaties around the world. All such
rights are reserved. You may not remove any copyright or other
proprietary notices from any Materials on our Site.
We reserve the right to copy protect any of the Materials on our Site.
Except as provided in these terms and conditions, the use of this Site
does not grant you any rights, title, interest or license to any
Materials you may access on this Site Provided that you are located in a
country or other territory where the consumption of alcoholic beverages
is permitted AND you are of a legal age to consume alcoholic beverages
in the country or other territory in which you are located, you may
print a reasonable number of hard copies, and may download extracts, of
any page(s) from our Site for your lawful, personal, non-commercial use.
Unless otherwise specifically authorised by us (by way of example only,
explicit instructions such as “Click Here to Enlarge this Image”) you
must not modify the paper or digital copies of any Materials you have
printed off or downloaded in any way, and you must not use any
illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text or proprietary notice. All other
copying (whether in electronic, hard copy or other format) reproduction,
transmission, public performance, distribution, commercial exploitation,
adaptation, translation, modification, bundling, merging, sharing or
making available to any person, or creation of any derivative works of
our Site or the Materials on our Site is prohibited and may breach
intellectual property laws and other laws worldwide.
The status of the relevant Owners (and that of any identified
contributors) as the holders of rights in the Materials on our Site must
always be acknowledged.
You must not use any part of the Materials on our Site for commercial
purposes without obtaining a licence to do so from us and/or, where
applicable, from the relevant Owner.
If you print off, copy or download any part of our Site in breach of
these terms of use, your right to use our Site will cease immediately
and you must, at our option, return or destroy any copies of the
Materials you have made.
ACCEPTABLE USE
You may use our Site only for lawful purposes and we reserve the right,
in our sole discretion, to terminate your use of the Site. You may not
use our Site:
-
In any way that breaches any applicable local, national or
international law or regulation.
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In any way that is unlawful or fraudulent, or has any unlawful or
fraudulent purpose or effect.
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For the purpose of harming or attempting to harm minors in any way.
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To send, knowingly receive, upload, download, use or re-use any
Material which does not comply with our content standards below.
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To transmit, or procure the sending of, any unsolicited or
unauthorised advertising or promotional material or any other form
of similar solicitation (spam).
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To knowingly transmit any data, send or upload any material that
contains viruses, Trojan horses, worms, time-bombs, keystroke
loggers, spyware, adware or any other harmful programs or similar
computer code designed to adversely affect the operation of any
computer software or hardware (“Malicious Code”).
INTERACTIVE SERVICES
We may from time to time provide interactive services on our Site
including, without limitation, chat rooms and forums, bulletin boards,
music mix rooms, image upload features, interactive drinks functionality
and interactive clubfinder. Where we do provide any interactive service,
we will provide clear information to you about the kind of service
offered, if it is moderated and what form of moderation is used
(including whether it is human or technical).
We will make reasonable efforts to assess any possible risks for users
from third parties when they use any interactive service provided on our
Site, and we will decide in each case whether it is appropriate to use
moderation of the relevant service (including what kind of moderation to
use) in the light of those risks. However, we are under no obligation to
oversee, monitor or moderate any interactive service we provide on our
Site, and we expressly exclude our liability for any loss or damage
arising from the use of any interactive service by a user in
contravention of our content standards, whether the service is moderated
or not. Where we do moderate an interactive service, we will normally
provide you with a means of contacting the moderator, should a concern
or difficulty arise.
UPLOADING MATERIAL TO OUR SITE
Any material you upload to our Site will be considered non-confidential
and non-proprietary, and unless otherwise agreed in writing between us,
we have the right to use, copy, distribute and disclose to third parties
any such material in whole or in part for any purpose. We also have the
right to disclose your identity to any third party who is claiming that
any material posted or uploaded by you to our Site constitutes a
violation of their intellectual property rights, or of their right to
privacy. You waive any moral rights in respect of any material you
upload to our Site.
We will not be responsible, or liable to any third party, for the
content or accuracy of any materials posted by you or any other user of
our Site.
We have the right to remove any material or posting you make on our Site
if, in our sole opinion, such material does not comply with the content
standards below.
CONTENT STANDARDS
Any and all material which you contribute to our Site must comply with
the spirit of the following content standards as well as the letter. The
standards apply to each part of any contribution as well as to its
whole.
Your contributions must:
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Be accurate (where they state facts).
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Be genuinely held (where they state opinions).
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Comply with applicable law in the
Your contributions must not:
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Contain any material which is defamatory of any person.
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Contain any material which is obscene, offensive, hateful or
inflammatory.
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Contain sexually explicit material.
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Harm, or attempt to harm, minors in any way.
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Encourage, condone, promote or glamorise under-age, excessive or
irresponsible consumption of alcoholic beverages or drink driving.
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Be targeted at an under legal drinking age audience.
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Promote violence.
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Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age.
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Infringe any copyright, database right, trade mark or other
proprietary right of any other person.
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Be likely to deceive any person.
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Be made in breach of any legal duty owed to a third party, such as a
contractual duty or a duty of confidence.
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Promote any illegal or immoral activity.
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Be threatening, abuse or invade another’s privacy, or cause
annoyance, inconvenience or needless anxiety.
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Be likely to harass, upset, embarrass, alarm or annoy any other
person.
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Be used to impersonate any person, or to misrepresent your identity
or affiliation with any person.
-
Give the impression that they emanate from us, if this is not the
case.
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Advocate, promote or assist any unlawful act such as (by way of
example only) copyright infringement or computer misuse.
This list only serves to provide examples and is not meant to be an
exhaustive list of the types of unacceptable uses that may result in the
restriction, suspension or termination of your use of our Site.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Site are not intended to
amount to advice on which reliance should be placed. We therefore
disclaim all liability and responsibility arising from any reliance
placed on such materials by any visitor to our Site, or by anyone who
may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our Site regularly, and may change the content at any
time. Any of the material on our Site may be out of date at any given
time, and we are under no obligation to update such material.
OUR LIABILITY
THE MATERIAL DISPLAYED ON OUR SITE IS PROVIDED “AS IS” AND WITHOUT ANY
GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT
PERMITTED BY LAW, WE AND ALL OTHER MEMBERS OF THE BACARDI GROUP OF
COMPANIES AND OUR AFFILIATES (THE “BACARDI GROUP”) HEREBY EXPRESSLY
EXCLUDE:
-
ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE
IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
-
ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR
DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR SITE OR IN
CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF
OUR SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT,
INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR: LOSS OF INCOME OR
REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF
ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED
MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY
KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY OR DAMAGES, THE BACARDI GROUP’S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
Your privacy is important to us. We process information about you in
accordance with our
Privacy Policy. By using our Site, you consent to such processing
and you warrant that all data provided by you is accurate.
MALICIOUS CODE, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing any Malicious
Code. You must not attempt to gain unauthorised access to our Site, the
server on which our Site is stored or any server, computer or database
connected to our Site. You must not attack our Site via a
denial-of-service attack or a distributed denial-of service attack.
We will report any such activity by you to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing
your identity to them. In the event of such a breach, your right to use
our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed
denial-of-service attack or Malicious Code that may infect your computer
equipment, computer programs, data or other proprietary material due to
your use of our Site or to your downloading of any material posted on
it, or on any website linked to it.
LINKING TO OUR SITE
You must not establish a link from any website to any page in our Site
or frame our Site on any other site. Unless otherwise authorised in
writing by us, you may not suggest any form of association, approval or
endorsement of any website on our part.
If you wish to make any use of Material on our Site other than that set
out above, please address your request to:
webmaster@bacardi.com.
LINKS FROM OUR SITE
Where our Site contains links to other sites and resources provided by
third parties, these links are provided for your information only. We
have no control over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may
arise from your use of them.
INDEMNITY
You will indemnify the Bacardi Group against any loss, damage or cost
incurred by us arising out of your use of our Site, any of its services
or any information accessible over or through our Site, including
information obtained from linked sites, our submission or transmission
of information or material on or through our Site or your violation of
these terms of use or any other laws, regulations and rules. You will
also indemnify us against any claims that information or material which
you have submitted to us is in violation of any law or in breach of any
third party rights (including, but not limited to, claims in respect of
defamation, invasion of privacy, breach of confidence and infringement
of any intellectual property right). We reserve the right exclusively to
defend and control any claims arising from the above and you will fully
cooperate with us in any such defenses.
ENTIRE AGREEMENT
These terms of use, including our Privacy Policy, constitute the entire
agreement between you and us in relation to your use of our Site. To the
extent that software or other downloadable technology is expressly made
available to you through the Site, such software may be subject to a
licence agreement that is distributed or included with such software and
you agree to abide by the terms and conditions of any such licence
agreements. If any provision of these terms of use is found by a court
of competent jurisdiction to be unenforceable or invalid, the parties
nevertheless agree that the court should give effect to the parties’
intentions as reflected in the provision, and the other provisions shall
remain in full force and effect.
JURISDICTION AND APPLICABLE LAW
To the extent you are located in the U.S., these Terms and Conditions
are governed and construed in accordance with the laws of the State of
New York, excluding its conflicts of law rules, and any dispute arising
out of or relating to these Terms and Conditions or your access or use
of this Site will be subject to the exclusive jurisdiction of the courts
located within the county of New York in the State of New York, and you
hereby submit to the personal jurisdiction of such courts. Except as
provided above, (i) the English courts will have exclusive jurisdiction
over any claim arising from, or related to, a visit to our Site although
we retain the right to bring proceedings against you for breach of these
Terms and Conditions in your country of residence or any other relevant
country and (ii) these Terms and Conditions are governed by English law.
VARIATIONS
We may revise these terms of use at any time by amending this page. Each
time you use this Site, the current version of the Terms and Conditions
will apply. Accordingly, when you use the Site, you should check the
date of the Terms and Conditions (which appears at the top right hand
corner) and review any changes since the last version. Some of the
provisions contained in these terms of use may also be superseded by
provisions or notices published elsewhere on our Site.
YOUR CONCERNS
If you have any concerns about material which appears
on our Site, please contact us by e-mail at
webmaster@bacardi.com.
INFORMATION ABOUT US
Bacardi Global Brand Limited is registered in England & Wales under company number 3651489 with a registered office and main trading address at 28 Dorset Square, London, NW1 6QG, United Kingdom (“We/us” or “BGB”). Our VAT number is GB 222 2530 16.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is BGB of 28 Dorset Square, London, NW1 6QG, United Kingdom.
We are committed to protecting and respecting your privacy. This Global Privacy Policy (together with the Bacardi Global User Terms and Conditions) and any other documents referred to in them govern our use of information gathered about you. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it. Although We are committed to maintaining your confidence and trust in all of our activities with you, this Global Privacy Policy does not govern our collection or use of data about you through channels other than Our Sites (as defined below).
Please exit Our Sites immediately if you do not accept this Global Privacy Policy, are not of a legal age for consuming alcoholic beverages in the country or other territory in which you are located, or are accessing Our Sites in a country or other territory where use of Our Site is not permitted.
SOCIAL RESPONSIBILITY
We are extremely proud of our high quality brands, products and marketing. That pride goes hand in hand with a deep sense of responsibility and respect for the global communities that We serve and the individual consumers who enjoy our products. As part of our commitment to responsible marketing, We comply with the social responsibility policies established by DISCUS — the Distilled Spirits Council for the United States and EFRD — European Forum for Responsible Drinking which set out the principles We maintain in all of our sales and marketing activities, including advertising and promotional programmes.
DATA WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information that you provide by filling in forms on websites operated by the companies within the Bacardi group of companies (including but not limited to BGB, Bacardi & Company Limited, their affiliates, subsidiaries, their ultimate holding company and its subsidiaries as defined in section 1159 of the UK Companies Act 2006 (together, the “Group Companies”)) (“Our Sites”). This includes information provided at the time of registering to use any of Our Sites, subscribing to any services offered on Our Sites including but not limited to interactive services, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by a Group Company, and when you report a problem with any of Our Sites;
- The correct country or other territory in which you are located or are accessing Our Sites and your correct date of birth, which We require that you submit accurately to ensure that you do not access Our Sites if you are not of a legal age for consuming alcoholic beverages in the country or other territory in which you are located or are accessing Our Sites;
- If you contact us, We may keep a record of that correspondence;
- A Group Company may also ask you to complete surveys to be used for research purposes, although you do not have to respond to them;
- Details of any transactions you carry out through any of Our Sites and of the fulfilment of any orders by you; and
- Details of your visits to Our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP ADDRESSES AND COOKIES
We 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. Our Internet servers may also keep track of the number of visitors to Our Sites, the pages they visited and how long they stayed. None of this information includes any personal information about you.
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. Some cookies load automatically unless otherwise disabled by the computer user, whilst others may require that you affirmatively accept them (such as a “remember me” option). Cookies help us to improve Our Sites and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern;
- To store information about your preferences, allowing us to customise Our Sites according to your individual interests;
- To speed up your searches; and
- To recognise you when you return to Our Sites.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies, however, by doing so you may be unable to access certain parts of Our Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to Our Sites.
WHERE WE STORE YOUR PERSONAL DATA
We are a global company with a long history of providing our products to responsible consumers all over the world. The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") including but not limited to the USA. Data We collect may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or service providers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take reasonable steps to ensure that your data is treated securely and in accordance with this Global Privacy Policy.
The information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where We have given you (or where you have chosen) a user identification code, password or any other piece of information as a part of a registration scheme or a security procedure to enable 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. In particular, you should not share your password with anyone who is not of legal drinking age in the country or other territory in which you are located or are accessing Our Sites or to anyone in a country or other territory where use of Our Sites is not permitted.
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 any of Our Sites; 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 unauthorised access.
OUR USE OF YOUR INFORMATION
We use information held about you in the following ways:
- To ensure that content from Our Sites 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 service when you choose to do so;
- To notify you about changes to our service; and
- To provide you with information about goods and services which may be of interest to you.
We also reserve the right to share information with other organisations in the following situations:
- As permitted by law in order to investigate, prevent or take action regarding illegal activities, suspected fraud, violation of our intellectual property rights, situations involving potential threats to the physical safety of any person, violation of Bacardi’s Global User Terms and Conditions or other agreements, or as required by law;
- When We have your consent to do so; and
- When We need to share information to provide any product or service you have requested.
If you are an existing customer, We will only contact you by appropriate electronic means with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer, and where We permit selected third parties to use your data, We (or they) will contact you by electronic means only if you have consented to this.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information amongst the Group Companies. We may also disclose your personal information to the following selected third parties:
- Our advertising and promotional agencies and consultants and those organisations selected by us to analyse or evaluate our data collection process or customer service fulfilment;
- Unaffiliated service providers with whom the Group Companies may subcontract, including website hosting companies, fulfilment companies and other third party service providers;
- The prospective seller or buyer (other than a Group Company) of any Group Company’s business or assets, including where a Group Company or substantially all of its assets is acquired by a third party other than another Group Company, 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 or regulatory obligation, or in order to enforce or apply the Bacardi Global User Terms and Conditions and other agreements; or to protect the rights, property, or safety of the Group Companies, 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
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. We will inform you (before collecting your data) if We intend to use your data for marketing purposes or if We intend to disclose your information to any third party for marketing purposes. You can exercise your right to prevent such processing by ticking the relevant boxes on the forms We use to collect your data. If you at any time decide that you do not want to be contacted for any purpose or if you would like to obtain a copy of the personal information about you gathered by Our Sites or correct or delete such information from Our Sites’ databases, you can always contact us at the following e-mail address: webmaster@bacardi.com.
Our Sites may, from time to time, contain links to and from the websites of our partner networks, creative partners 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.
VARIATIONS
We may revise this Privacy Policy at any time by amending this page. Each time you use Our Sites, the current version of the Privacy Policy will apply. Accordingly, when you use Our Sites, you should check the date of the Privacy Policy (which appears at the top right hand corner) and review any changes since the last version.
CHILDREN
Our Sites are designed to appeal to adults. We do not knowingly solicit any information from children nor do we knowingly market or otherwise target Our Sites or its products or services to children. If we become aware that a visitor to Our Sites is under the legal drinking age in the country or other territory in which he or she is located at the relevant time and has registered without verifiable parental consent, we will remove his or her personal information from our files.
CONTACT
Questions, comments and requests regarding this Global Privacy Policy are welcomed and should be addressed to:
Bacardi Global Brands Limited
28 Dorset Square
London
NW1 6QG
United Kingdom
webmaster@bacardi.com.