Acceptable Use & Conditions
1 AMERICANWHISKEYMAG.COM conditions of use
1.1 The AMERICANWHISKEYMAG.COM website is made available to you by American Whisky Magazine / Paragraph Publishing Ltd, a limited company incorporated in England and Wales (Registration Number 5292845) with its registered office at King Street House, 15 Upper King Street, Norwich, NR3 1RB.
1.2 Paragraph Publishing Ltd is the legal and beneficial owner of a wide range of intellectual property rights used in and relating to this website, including: (1.2.1) in each of the trade marks AMERICANWHISKEYMAG.COM and AMERICAN WHISKEY MAGAZINE; (1.2.2) in the business listings, tastings, information and articles directory database (“the Database”) which is accessible from this website; (1.2.3) in the design, text, graphics and other content of the web pages on this website, together with all domain names associated with those web pages; (1.2.4) in all the software used in relation to this website.
1.3 AMERICANWHISKEYMAG.COM also contains data supplied by third parties, including: (1.3.1) Tastings notes and reviews licensed by Paragraph Publishing Ltd; (1.3.2) User comments and submissions posted by members of AMERICANWHISKEYMAG.COM; (1.3.3) Mapping data, licensed by Google Inc.
2 THESE CONDITIONS
2.1 For the purpose of these conditions, the AMERICANWHISKEYMAG.COM website and the Database are collectively referred to as “the Website”.
2.2 By accessing or using any part of the Website you agree to be bound by these conditions of use. If you do not wish to be bound by these conditions, do not access or use this Website.
2.3 Paragraph Publishing Ltd may change these conditions at any time without any notice to you. Please check these conditions from time to time for any changes. By continuing to use the Website you are deemed to have agreed to all updates to these conditions.
3 PERMITTED USE
3.1 The purpose of AMERICANWHISKEYMAG.COM is to provide consumers and business clients with information, reviews, listings and data regarding whisk(e)y. You are allowed to use the Website and the results of any search made on the Website for this purpose unless such use is prohibited by paragraph 3.3 below.
3.2 Please be aware that Paragraph Publishing Ltd takes active measures to ensure that no unauthorised or prohibited use is made of the Website and that Paragraph Publishing Ltd’s intellectual property rights are not infringed.
3.3 The following uses of the Website are prohibited:
3.3.1 using the Website for any purpose which is unlawful in the United Kingdom and, if the Website is accessed from outside the United Kingdom for any purpose which is unlawful in the jurisdiction from which such access is made;
3.3.2 using the Website for any purpose that is: harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or is (in Paragraph Publishing Ltd’s reasonable opinion) otherwise objectionable;
3.3.3 using the Website for creating, verifying, updating or amending your own website, databases, records, directories, customer lists or mailing lists or those of a third party;
3.3.4 tampering with or modifying any part of the Website;
3.3.5 using the Website in a manner which impairs its operation;
3.3.6 using the Website in such a manner that imposes an unreasonable or disproportionably large burden on Paragraph Publishing Ltd’s infrastructure, as determined by Paragraph Publishing Ltd in its sole discretion; and/or
3.3.7 using any automated means (including, without limitation, agents, robots, scripts, site downloaders, browse ahead applications or spiders) to monitor or copy the Website or its content or bypass AMERICANWHISKEYMAG.COM tools or services or to interfere or attempt to interfere with the proper working of the Website.
4 DISCLAIMERS
4.1 You use the Website at your own risk.
4.2 Paragraph Publishing Ltd advises users to satisfy themselves as to the exact type and nature of: (4.2.1) goods or services being displayed, referred to or offered through the Website; and/or (4.2.2) the qualifications held by those persons, companies and other organisations whose goods or services may be displayed, referred to or offered through the Website. Paragraph Publishing Ltd is not an agent for and does not vouch for those persons, companies and/or other organisations whose goods or services may be displayed or referred to on the Website.
4.3 The Website may make available to you certain information provided by third parties and you should not rely on it as advice for any purpose whatsoever.
5 Insofar as the applicable laws will allow, no advice or information given by Paragraph Publishing Ltd or any of its officers, shareholders, employees, affiliates, agents, or the like, (collectively, “Paragraph Publishing Ltd Staff”) will create a representation, a warranty, undertaking or other commitment to you, either express or implied as to the accuracy, content, timeliness, completeness, legality, reliability, quality, fitness for purpose or suitability of any information, advice, content, service, search results, goods, services, products or merchandise provided by or through the Website. Paragraph Publishing Ltd Staff make no representation, warranty, undertaking or other commitment to you, either express or implied:
5.1 that the use of the Website will be uninterrupted or error-free; or
5.2 that either the Website or the computer server(s) from which the Website is made available, is free of viruses or other harmful components.
6 LIMITATION OF LIABILITY
6.1 Neither the Paragraph Publishing Ltd Staff nor their associated content provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence or for fraud.
6.2 Under no circumstances will the Paragraph Publishing Ltd Staff or any other party involved in the creation, production, maintenance or distribution of the Website, be liable for any: (6.2.1) loss of profits; (6.2.2) loss of business or business opportunities; (6.2.3) loss of anticipated savings; (6.2.4) loss of goodwill; (6.2.5) loss of use of data; (6.2.6) loss of data; (6.2.7) other intangible losses; or (6.2.8) any indirect, incidental, special or consequential loss or damages whether based on breach of contract, tort (including negligence), product liability or otherwise, which results from:
6.3.1 the use of and/or reliance on the Website;
6.3.2 the inability to use the Website;
6.3.3 any mistake, omission, defect, virus or failure of performance with respect to the Website including (without limitation) those which arise from acts of God, communications failure, theft, destruction and/or unauthorised access to Paragraph Publishing Ltd’s records, programs or services;
6.3.4 merchandise, products, services or information received through or advertised on the Website or any links provided by the Website; and/or
6.3.5 any information, data, message or other material which you email, post, upload, reproduce, transmit or is otherwise distributed or received using the Website.
7 JURISDICTION AND GOVERNING LAW
7.1 Your use of the Website and these conditions shall be governed by and construed in accordance with the laws of England and Wales. Paragraph Publishing Ltd controls the Website from within the United Kingdom. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England and Wales, by accessing the Website you agree that the laws of England and Wales will apply to all matters relating to your use of the Website. You agree to submit to the exclusive jurisdiction of the English courts in Norwich or London. Paragraph Publishing Ltd reserves the right to bring proceedings in the courts of the country of your residence.
8 USER COMMENTS AND POSTINGS
8.1 Within the Website users are encouraged to post comments, discussions and information to the Website. Each user making a post or addition to the web site grants Paragraph Publishing Ltd unrestricted use of this information or data. Posts and information may be edited, reproduced, copied or distributed by Paragraph Publishing Ltd without further consent from the originator.
8.2 User making posts to the Website are personally liable for the content of their posts; including copyright breaches, libel or defamation. Paragraph Publishing Ltd reserves the right to remove any post without reason.
9 ENTIRE AGREEMENT
9.1 These conditions constitute the entire agreement between you and Paragraph Publishing Ltd with respect to your use of the Website. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
Copyright & Reproduction
All content in gin-mag.com is copyright unless stated otherwise. Copying, editing, distribution and reposting any information from gin-mag.com is strictly forbidden. This includes members posts, tasting notes and other submitted material. The Terms of Use also prevent the use of this web site to reasearch or develop other web sites.
If you want to reproduce any content you see in gin-mag.com please contact us so we can discuss this in more detail. We have various packages for content reproduction.
How we use your data
We may use the information you share with us and the information we collect through your use of our sites in the ways described below and as described at the time of capture.
Competitions & Prize Draws
Newsletters
Events
Magazine Subscription
Customer Services
Research
Direct Marketing
Legitimate Interest
Cookies and how we use them
Analytics
Online Advertising
Links to third party Websites
Using our websites from outside the UK
COMPETITIONS & PRIZE DRAWS
We will use the details you have shared to manage your entry to any competition or prize draw. This may include your name, e-mail address and telephone number. We shall use such information to notify you if you are the winner. Your data will be retained for the period of the competition only, and will not be added to any marketing lists unless you have consented to this, and will only be shared with a third party where they were named at the point of data capture and you explicitly agreed to the sharing of your data or where they are a third party who we have appointed to manage the delivery of your prize.
NEWSLETTERS
We will use the details you have shared to send you the newsletter to which you have subscribed. We will not add them to any marketing lists, unless you have consented to this. We will provide a way for you to unsubscribe on every newsletter we send to you. Details you share with us for the purpose of newsletter subscription will never be shared with a third party.
EVENTS
We will use the details you have shared to manage your registration and entry into our event. This may include contact via telephone, email, SMS and post with information relating to the event you have registered to attend. Your data will not be added to any marketing lists unless you have consented to this, and will only be shared with a third party where they were named at the point of data capture and you explicitly agreed to the sharing of your data or where they are a third party who we have appointed to manage the delivery of the event.
MAGAZINE SUBSCRIPTION
We will use the details you have shared to manage your subscription to our magazine, which includes sending the magazine, managing access to any digital version, taking secure payments, to fulfil any gift that was offered at the time of purchase, to handle any customer query you may have and to contact you via telephone, email, SMS and post with information relating to your magazine subscription. e.g. to notify you of the expiry date of your subscription, that a delivery to you may be delayed or to remind you of a password or to notify you of updates to our Privacy Policy. Your data will not be added to any marketing lists unless you have consented to this, and will only be shared with third parties where we have appointed them to manage specific aspects of your magazine subscription.
CUSTOMER SERVICES
We will use the information you provide to deliver customer services related to your purchase and to respond to inquiries or requests that you direct to us. Your data will not be added to any marketing lists unless you have consented to this, and will only be shared with third parties where we have appointed them to manage specific aspects of your customer care.
RESEARCH
We may use the information you provide to invite you to participate in surveys and focus groups about our products, advertisers and services. Participation is always voluntary and the answers you provide are anonymous and aggregated to support our learnings and inform changes we can make to improve our products and services. Your data will not be added to any marketing lists unless you have consented to this and were informed at the point of capture and will only be shared with third parties where we have appointed them to manage research activity on our behalf.
Occasionally we get paid by commercial partners to carry out research on their behalf. In this situation, the data we share with them will be anonymous however we may share your personal data with specific commercial partners where they were named at point of capture and where you agreed to the sharing of your personal data with them.
DIRECT MARKETING
We may use the details you share with us to send you offers and promotions by email, post, telephone or SMS wherever we have legitimate interest grounds to do so and where you have not objected. We will provide a way for you to opt-out of receiving marketing promotions both at the time of data capture and every time we contact you thereafter. You can also email office@paragraph.co.uk to request your details are suppressed from all promotional campaigns. We won’t use your personal data for marketing purposes at all if you’ve told us not to.
LEGITIMATE INTEREST
We may process your personal data on the basis of a legitimate interest after carefully considering the balance between your rights and the benefit of the purpose for which we intend to use your personal data. These legitimate interests may include: –
- Promoting similar products or services, via direct marketing activity, that we have identified may be of interest to you based on your history of interaction with us and where you have not opted out of receiving such information.
- To manage suppression and unsubscribe requests received from you.
- To invite you to participate in research surveys about our products or services to help us improve these.
- For statistical and data analytics so we can improve the products and services offered to you.
- To personalise and improve our services to you by using insight regarding your purchase or communication history with us.
- To identify and prevent fraudulent behaviour.
- Using your data to help find similar audiences through the use of Facebook’s audience function and Google customer match
- Identifying usage trends and determining the effectiveness of our campaigns to improve targeted advertising
- Whenever we process data for these purposes we will ensure that we always keep your personal data rights in high regard and take account of these rights.
COOKIES AND HOW WE USE THEM
“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We use cookies for a number of reasons:
Strictly Necessary Cookies – These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information
Performance Cookies – These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Functional Cookies – These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies – These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Social Media Cookies – These cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.
For more information on how we use cookies please read our Cookie Policy.
ANALYTICS
The Paragraph Publishing portfolio of websites uses Google Analytics as its primary solution for tracking website visits, interactions and events. Paragraph Publishing uses website analytics data to help improve the way we delivery content and online experiences to visitors.
For full details on how Google processes your data please visit: https://support.google.com/analytics/topic/2919631?hl=en&ref_topic=1008008
ONLINE ADVERTISING
Many of the Paragraph Publishing portfolio of websites show advertising to users. A certain amount of this advertising is tailored to the individual user, as practice known as “Online Behavioural Advertising” which uses cookies to discover general information about the pages you visit. This keeps many of our websites and services you use free of charge. Our advertising delivery systems and partners uses the limited information available to it to serve adverts to you, which it believes are relevant. It does not collect personal information such as your name, email address postal address or telephone number.
From time to time, Paragraph Publishing may share this aggregated data with our advertising partners. This could mean that when you are on other websites you are served advertising based on your behaviour across Paragraph Publishing titles or you may be served advertising based on your behaviour on other sites.
Behavioural retargeting is another form of Online Behavioural Advertising that enables us and some of our advertising partners to show you adverts based on browsing patterns and interactions with the site away from our sites. For example, if you have visited the website of a Whisky producer you may start seeing adverts from that producers displaying special offers or showing you the products that you were browsing. This allows companies to advertise to website visitors who leave their website without making a purchase.
If you want to opt out of receiving Online Behavioural Advertising this does not mean that you will no longer receive advertising when you are using our sites. It just means that the advertising you see will not be customised for you. If you would like more information about online behavioural targeting and how to opt out of it, please visit www.youronlinechoices.com or you can also visit http://www.networkadvertising.org/
Our websites use JavaScript to detect the use of ad blocking extensions for web browsers, we do not store any information on users’ devices and do not process any personal data.
LINKS TO THIRD PARTY WEBSITES
When you click on advertisements or links on any of our sites, you will leave that site and go to a third-party site, which is outside of our control. When we place an advertisement on one of our sites, it does not signify that we are endorsing that advertiser’s product or service. We do not accept responsibility for content, have no control over and our Privacy Policy does not apply to these companies, sites or content and if such third-party sites collect personal data, we cannot control how this data is processed, stored or used. We advise that you read their data collection statements, which accompany any registration and their Privacy Policies before you submit your personal information
USING OUR WEBSITES FROM OUTSIDE THE UK
We use servers located in the EEA to store data. When you submit your details and in whichever country you are situated you agree to the data being transferred to the EEA and processed under the terms of Regulation (EU) 2016/679 (GDPR) including any implementing data protection legislation in the UK. If you are not in agreement please do not add your personal details on the website. Paragraph Publishing makes no representation or warranty that the content and materials on the Website are appropriate or available for use in locations outside of the United Kingdom. Those who choose to access the Website or use the services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
HOW WE KEEP YOUR PERSONAL DATA SECURE
Paragraph Publishing’s security policies, rules and technical measures have been implemented to protect your personal information from unauthorised or improper use and from accidental loss.
All our employees and data processors that have access to, and are associated with, the processing of your personal information are legally obliged to respect the confidentiality of your data and are bound by contract to do so.
Note that some of our websites provide forums and commenting facilities where you can post information. When you do so, be aware that other visitors may collect any information you make public.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
WHO WE SHARE YOUR PERSONAL DATA WITH
Paragraph Publishing has formed partnerships with a variety of carefully selected companies that we share data with in order to carry out the activities. Below is a non-exhaustive list of our key partners:
FULFILMENT PARTNERS:
Paypal, Worldwide Mailing, Page Brothers, Intermedia, CDS US, Seymour, Apple, Kindle, Amazon, Pagesuite, Gardners, Master of Malt, Eventbrite
MARKETING PARTNERS:
Adestra, Mailchimp, Facebook, Twitter, Jellyfish, iSubscribe, Groupon, Gardners Books, Google , Readly.com, Pocket Magazine