Terms and Conditions of Use

Owner of website and its content

Esporão, S.A. (“Esporão”) is a commercial enterprise with head offices at Herdade do Esporão, 7200-999 Reguengos de Monsaraz, Portugal, registered at the relevant Commercial Registry under the single registration and tax number 500116377.

This website and all of its content belong to Esporão (unless indicated otherwise).

These Terms and Conditions of Use and the Privacy and Cookies Policies reproduced below are also applicable, mutatis mutandis, to the following Esporão websites:

  • festivalmontevelho.pt

Access to the website and its content

By initiating navigation and/or interaction with this website, users accept the Terms and Conditions laid out below.

Access to the website is available to all users, except for the “Wine and Olive Oils” section and some wine-related content. These sections are restricted to individuals of legal age to consume alcohol, according to the laws of the country where the website is accessed (in Portugal, the jurisdiction where Esporão is established, the user should be aged 18 years or over to access content regarding alcoholic beverages). Direct access is given to product pages that do not belong to the “alcoholic beverages” category.

Esporão is free to alter these Terms and Conditions without prior notice.

Users should not use and should leave this website if:

a) They do not accept the Terms and Conditions described herein;

b) They intend to access alcohol-related content and are not of legal age to consume alcoholic beverages in their country or the location from which they access the website;

c) They are in a country that prohibits the use or display of the content of this website.

Using the website’s content

Users may print or have third parties print any downloadable content on this website to their computer or any other similar device, under the following conditions:

a) The content is solely for private and non-commercial use;

b) No indication of copyright or other indication of ownership is removed;

c) The content is not altered under any circumstances.

The content is provided to users solely for information and promotional purposes. Esporão does not guarantee the reliability, veracity or accuracy of the information and is not responsible for any possible errors.

Warranty Disclaimer

This website is accessed at the user’s own risk. This website and its content are provided without any express or implied warranties, including, but not limited to, warranties of merchantability, non-infringement of third party rights and suitability for a specific purpose. Esporão does not guarantee that access to this website will be uninterrupted and/or free of errors or disruptions. Likewise, there is no guarantee that this website will be secure or free from viruses and/or other harmful material, or that the information contained in this website is complete, accurate or timely.

Esporão reserves the right to, at any time, restrict or block access to this website, or any feature or part of it, with or without prior notice.

Limitation of Liability

To the fullest extent permitted by the applicable law, neither Esporão, nor its affiliates, nor any third party involved in the creation, production or dissemination of this website, will be liable for any loss, damage or cost, whether contractual, non-contractual (including negligence) or otherwise, arising from reliance on the information contained on this website. This also expressly excludes liability for direct, indirect, incidental, special, consequential and punitive damages, lost profits and damages resulting from the lost data or the interruption of website activity arising from or regarding the use or inability to use this website and its content, whether based on warranty, contract, unlawful or any other legal theory, regardless of whether Esporão has been negligent or has been warned of the possibility of such damage.

Compensation

Without prejudice to the measures provided in the general law, users hereby compensate and exonerate Esporão from all liabilities arising from the misuse of this website and/or breach of these Terms and Conditions.

Applicable Law and Jurisdiction

These Terms and Conditions will be governed by and interpreted in accordance with Portuguese Law. Users irrevocably consent to the jurisdiction of the courts located in Lisbon, Portugal, in relation to any dispute arising and/or relating to these Terms and Conditions and/or the use of this website.

Communication to this website

Any communication or other content submitted to this website, whether via email, a message to a discussion group, by sending a file or in any other manner, will be considered non-confidential and non-exclusive.

By submitting content to this website, users automatically grant Esporão a free, perpetual (or for the maximum time period permitted by the applicable law), irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, execute and display such content separately and/or as a part of other work in any manner, media and/or technology that is currently known or may be developed in the future and, in addition, to sub-license such rights to third parties under the same conditions. If necessary, and at the request and expense of Esporão, users should confirm these rights granted to Esporão through a separate signed document.

Users agree that Esporão is free to use any ideas, concepts, know-how or techniques contained in any content they submit to this website, regardless of the underlying purpose of such submission, including, but not limited to, the development, manufacture and sale of products. It is also hereby clarified that Esporão is not required to give users any compensation or recognition in exchange for such use. If users do not agree to these conditions, they should abstain from sending such to the website.

Users agree not to submit any unlawful, threatening, libellous, defamatory, obscene, scandalous, pornographic or profane content to this website and/or any other content that may constitute or encourage any unlawful conduct. Esporão will cooperate with all relevant authorities regarding the application of the law in force, and will also respect all judicial decisions requesting or ordering Esporão to reveal the identity or help locate users who submit such content.

Esporão does not previously screen or monitor content submitted to this website by third parties and is not responsible for screening or monitoring that type of content. When notified, Esporão may investigate an allegation that content submitted to this website breaches these Terms and Conditions and may determine that the content be removed.

It is hereby clarified that, except in cases of order from the courts or a law enforcement body, or in case of obvious illegality, Esporão is under no obligation to remove content submitted to the website by third parties and assumes no responsibility or liability arising from or relating to this type of content, including, but not limited to, any error, defamation, slander, perfidy, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in such content.

Esporão assumes no responsibility and/or liability for any deed or content submitted by users or any third party on or off this website, and does not endorse the content of any of those sites. Users accessing and visiting any of those third party sites do so at their own risk.

General Provisions

If any provision of these Terms and Conditions is considered to be null by any court with valid jurisdiction, the nullity of those provisions will not affect the validity of the remaining provisions of the Terms and Conditions, which will remain in full force.

Other Information

Pursuant to the terms in article 18 of Law n.º 144/2015, of 8 September, in the case of consumer dispute, the consumer may appeal to:

CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (National Centre for Information and Arbitration of Consumer Disputes)

Tel.: 213 847 484; Email: cniacc@unl.pt

Web: www.arbitragemdeconsumo.org

Privacy Policy

Data collected automatically by the website

The domain server for this website only records and stores information normally registered by default by the server, e.g. the Internet Protocol Address that gives users access to the Internet; the date and duration of the user’s access to this website; the Internet address of the site that brought users directly to this website and indication whether users noted if they are of legal age to consume alcoholic beverages. This information will be used to measure the number of visitors to this website’s different sections, to determine whether users are of legal age to consume alcoholic beverages and to help us make this website more useful for users.

Personal data provided at the user’s initiative

Esporão may, in some cases, request personal data from users of the website for the following purposes:

  • Subscription to newsletters and other informative material;
  • To send promotional information on products and services of Esporão or its affiliates (Esporão Azeites, Lda; Esporão, S.A.; Esporão Vendas e Marketing, S.A.; Murças, S.A.; Sovina, Lda.)
  • To send contract proposals;
  • To include users in contests and games.

Navigation of this website does not imply the submission of personal data (except for the IP address).

If users choose to provide their personal data, Esporão will process that personal data based on their consent, which can be withdrawn at any time, without compromising the treatment carried out before the withdrawal of consent.

On the personal data collection form, Esporão will indicate using an asterisk or a similar solution, which are the mandatory fields to be filled in.

The collection form will also have a field for users to provide their express consent to process their personal data for the purposes indicated above.

Esporão confirms that it does not create consumer profiles based on the personal data collected through the website.

Officer responsible for processing personal data

In cases where personal data is submitted to Esporão, this will be the entity responsible for collecting and processing the personal data, however, reserving the right to subcontract other entities to process such data on behalf of Esporão. Esporão guarantees that all entities subcontracted to process personal data on its behalf are covered by contractual obligations in order to preserve the confidentiality of the data and compliance with the law in force.

Esporão is not obliged to appoint a Data Protection Officer pursuant to the General Data Protection Regulation.

For issues regarding personal data protection, please contact Esporão through one of the following:

Post:

Esporão, S.A.

Av. do Restelo, nº 44
1400-315 Lisbon

Telephone:

+351 213 031 540

Email:

marketing@esporao.com

Transfer of personal data to third parties and data storage

Without prejudice to the provisions in the previous paragraphs, Esporão will not submit the personal data of users to third parties (i.e. entities not subcontracted by Esporão) without their explicit consent.

Users’ personal data shall be stored in servers located within the European Union. No transfers of data outside the European Union are foreseen.

Rights of the personal data holder

Users have the right, at all times, to access, consult, alter, limit, correct and eliminate the personal data submitted by them to Esporão, sending, for that purpose, an email to marketing@esporao.com

Users also have the right, at all times, to withdraw their consent (when processing is based on that principle) and to oppose processing of their data for one or more purposes, and to request the portability of their personal data.

Users also have the right to lodge a complaint with an authority or supervisory body, which in Portugal is the Comissão Nacional de Protecção de Dados (National Data Protection Commission).

Personal data retention period

The length of time data is stored and retained varies according to the purpose for which the information is processed. Indeed, there are legal requirements that oblige data retention for a minimum period of time.

Therefore, whenever there is no specific legal requirement, the data will be stored and retained for up to 5 (five) years following the last interaction between Esporão and the user. This period was considered appropriate taking into account the type of website in question and the average time users access it.

Security measures

Esporão is committed to protecting the security of the personal data submitted to the company. Given Esporão’s great concern and commitment to defending privacy issues, several technical and organisational security measures were adopted, in order to protect the personal data made available to the company, to prevent dissemination, loss, misuse, alteration, unauthorised processing or access, as well as any other unlawful processing.

Despite the security measures adopted by Esporão, the company is obliged to warn all of those browsing the Internet to take additional security measures, namely ensuring they use PCs and Browsers that are updated in terms of properly configured security “patches”, with an active firewall, antivirus and anti-spyware, and to verify the authenticity of the sites they visit on the Internet, avoiding sites whose reputation is not trustworthy.

Changes to the Privacy Policy

Esporão reserves the right to amend or change this Privacy Policy at any time, duly publishing those changes on this website.

Cookies Policy

Esporão uses ‘Cookies’ on its websites to improve the visitor’s user experience.

What are cookies?

“Cookies” are data files a website sends to users’ computers while they are visiting that site. These data files include information that enables important data to be stored in order to make the user’s navigation more efficient and useful. This website uses Cookies for several purposes, namely to obtain non-personal data of online visitors, to verify which content users are most interested in, the time each user spends on the website, how long it takes to load content, among others

In order to install certain Cookies on your device, we require your prior consent, which is why a notification appears regarding this subject when you navigate Esporão websites. This warning states that Esporão will assume that users accept the installation of Cookies unless they state otherwise.

How are Cookies used?

Visitors to this website use several computers and web browsers. To make their visits as simple as possible, the browser type (for example, Internet Explorer, Google Chrome, Mozilla Firefox) is automatically stored, as well as the operating system used (for example, Windows, Macintosh, Android), and the name of the Internet service provider domain.

On each visit, the Esporão website records one or more Cookies on the visitor’s computer, which are used to register and customise the visit. These Cookies do not save or collect personal information. Visitors can control what Cookies are stored on their computer through their browser at all times.

Refusal to accept Cookies may result in the inability to access certain parts of the website and the content will not be adapted to the user’s preferences.

What type of cookies do we use?

Esporão uses the following types of Cookies on its websites:

  • Session Cookies: Temporary Cookies that remain on the user’s browser until leaving the website. The information they store enables secure management of the various operations carried out by users during an access session to our site. These Cookies store the following data:
    • Session Data: A code produced internally by the technological platform responsible for making the site available and which generates an encrypted temporary session code in order to associate the user’s equipment with an application session on that platform.
  • Persistent Cookies: Cookies that are stored in users’ browsers and are used whenever they revisit the website.

What is the purpose of the Cookies we use

  • Essential Cookies – Some cookies are essential to access specific sections of our website. They enable navigation on the site and use of its applications, as well as access to secure parts of the site via login. Certain services cannot be provided without these Cookies. Generally, users’ prior consent is not necessary to install essential Cookies on their device when they access the website.

These Cookies store the following data:

– User ID – Code generated by Esporão that unequivocally identifies a user on the site.

– User Profile – Identification of the authorisation profile associated with the UserID and which enables the user access to the features available on a certain site.

These essential Cookies are installed for a period of 2 weeks.

  • Analytics Cookies — Used anonymously for the purpose of creating and analysing statistics, in order to improve the website’s operation.

These cookies store the following data found in the link: https://developers.google.com/analytics/devguides/collection/gajs/cookie-usage?hl=pt-br

 

Analytics Cookies are stored for different periods of time depending on the type of cookies recorded. To check the periods for each type of cookie please go to https://developers.google.com/analytics/devguides/collection/gajs/cookie-usage?hl=pt-br

 

  • Functional Cookies — Store user preferences regarding use of the site, in order to avoid resetting the site each time the user visits it.

These Cookies store the following data:

  • _icl_current_language– Stores the current language
  • _icl_current_admin_language_{hash}– Stores the current WordPress administration area language.
  • _icl_visitor_lang_js– Stores the redirected language.
  • wpml_browser_redirect_test– Tests if cookies are enabled.
  • wpml_referer_url– Stores the last requested URL on the front-end.
  • wpml_admin_referer_url– Stores the last requested URL on the back-end.

Functional Cookies are stored until users clear the cookies from their browser.

What if the user does not want to accept the cookies?

If users do not want to accept Cookies, they can configure their computer at any time to be notified whenever a Cookie is being sent, or disable and block all Cookies via their browser.

Users should check their browser’s “help” menu to find the best way to alter or update their Cookies.

For more information about Cookies and how to prevent them from being installed, or how to delete existing Cookies from a hard drive, users can visit the following website: http://www.allaboutcookies.org.