Privacy Policy

Protecting your personal information is important to us. This Privacy Policy explains how we at Fifth Generation, Inc. (“Company”) collect and use personal information when you visit our website(s), browse and shop Tito’s Handmade Vodka® and merchandise, and use our services and applications (the “Services”). By accessing and using our Services, in person and online, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Overview

This policy contains important information about our privacy practices. We summarize the key points below:

• What personal information do we collect? We collect information such as your name, marketing preferences, purchase history, and activity on our websites.
• How do we use your personal information? We generally use the information we collect to communicate with you and for operational purposes (such as marketing, fulfilling orders, and improving our offerings).
• How long do we keep your personal information? We will delete your information based on our records retention practices, but we may keep it for longer when legally required.
• What personal information do we sell or share? We use third-party services that monitor certain activity on our website and across the internet in order to improve our user experience and provide you with useful advertisements. To the extent that the foregoing constitutes selling or sharing your information, we only allow the services to collect the following categories of information: Commercial Information as well as Internet and Electronic Network Activity Information. We also use third-party services to help process customer requests, purchases, transactions, and payments and we share the information necessary to process such customer requests.

Personal Information Collection

We collect information directly from you and automatically from your device. We also receive information from social media services, like Facebook, from data brokers or resellers, and from analytics services.

Information You Provide to Us

We collect the following categories of personal information:

• Identifiers, including your name and email address;
• Customer Records, including your name, email address, mailing address, payment information, telephone number, and marketing preferences;
• Protected classification characteristics under applicable law, including your age, gender, and other information that the law considers protected characteristics;
• Commercial information, such as purchase history;
• Internet or other similar network activity, including details about your interaction with our Services or an advertisement;
• Geolocation data, to determine your general location through your IP address;
• Professional or employment-related information;
• Inferences drawn from other personal information;
• Sensitive information including payment information.

Information Collected Automatically

When you visit or access our Services, your browser automatically sends certain information such as browser type, language preference, operating system, internet service provider, internet protocol (IP) address, device identification number, geo-location data, and online browsing data (such as date and time of access to our website, referring website address, pages viewed, features used, links clicked, and other actions you take in connection with the website, sometimes referred to as “clickstream data”).

Personal Information Use

We use your personal information for the following purposes:

• To fulfill or meet the reason the customer provides the information;
• To process customer requests, purchases, transactions, and payments and prevent transactional fraud;
• To provide support, personalize, and develop Company’s website, products, services and advertising;
• To create, maintain, customize and secure customer accounts with Company ;
• To provide customers with support and to respond to inquiries, including to investigate and address concerns and monitor and improve our responses;
• To prevent fraud and help maintain the safety, security and integrity of Company’s website, products and services, databases and other technology assets and businesses;
• To personalize website experiences and to deliver content and product and service offerings relevant to customer interests, including targeted offers through Company’s website, third-party sites, and via email or text messages (with consent, where required by law);
• For testing, research, analysis and product development, including to develop and improve our website, products and services;
• To respond to law enforcement requests and as required by applicable law, court order or governmental regulations;
• As described to consumers when collecting their PI or as otherwise permitted by applicable law;
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer in which PI held by Company is among the assets transferred.

We do not use your sensitive personal information, as explained above, for reasons other than those allowed by the California Consumer Privacy Act and its implementing regulations.

For our visitors to our Services from the United Kingdom or European Economic Area, the law in those areas requires we identify a specific legal basis for processing your information. We rely on one or more of the following bases to carry out the purposes specified above:

• Consent. We may process your personal information after obtaining your consent.
• Contract Performance. We may process your information to carry out our contract with you, such as when you make a purchase through the Services.
• Legitimate Interest. We may process your information when doing so is in our legitimate interests, including for marketing purposes, subject to certain limitations.

Personal Information Retention

In general, we keep your information for as long as we need it to carry out the purposes described above and as necessary to comply with our records-management policies. We may keep your information for longer periods when required to comply with our legal obligations, such as in connection with litigation.

Personal Information Disclosures

We may disclose your personal data to other companies, including our affiliates or subsidiaries. In the last 12 months, we disclosed identifiers, customer records, commercial information, internet or other similar network activity, and financial details to our vendors. These vendors provide us services, such as helping us process customer requests, purchases, transactions, and payments. We also provided identifiers, customer records, and Commercial information to our marketing affiliate who helps us promote our products. The types of vendors we engage provide us services that include:

• Email Marketing Services
• Analytics Services
• Charitable Donation Requests Services
• Contact Us Form Services
• Web Store Services
• Sweepstakes and Promotions Services
• Advertising, Marketing & Media Services
• Event Registration Services
• Event Photo Booth Services

We may also disclose your information to others: to comply with the law or court orders; to enforce or apply our terms of use, if any, and other agreements; to protect the rights, property, or safety of Company, our employees, our users, or others; in connection with appropriate investigations; and in connection with a corporate reorganization (such as a merger or bankruptcy proceedings).

We do not provide your information to third parties in exchange for money. As discussed more below, however, we allow trusted partners to collect some of your data so they can provide you targeted advertising based on your interactions with us and others online. Some states may consider this practice as us “selling” or “sharing” your information. In the last 12 months, we allowed companies to collect the following categories of personal data for targeted advertising: Commercial Information as well as Internet and Electronic Network Activity Information. Given that we limit our collection of data concerning minors, we do not have actual knowledge that we allowed those companies to collect information on anyone who is younger than 16 years old.

Use of Cookies

Like most websites, we also use cookies, which are small text files that our server sends to your browser during your visit to our websites and are stored on your device. We use certain cookies, often provided by third parties, for analytics to help us understand how you interact with our site so we can improve the user experience. For example, we use Google Analytics, which places a cookie on your computer to track your activity on our website and compiles reports for us about our visitors’ activity. You can find more information about Google’s privacy practices and explanation on how they use data by reviewing Google’s Privacy Policy. You can opt-out of Google Analytics tracking by installing a browser add-on here.

We also allow third parties to collect your information using cookies and other tracking technologies to provide you with relevant advertising. As we noted above, some consider this to constitute targeted advertising (although certain jurisdictions may also refer to it as a sale or sharing of data).

If you do not want us to use your data for targeted advertising, you can choose to opt out by exercising your rights discussed below or changing your browser’s cookie settings. Please note that disabling cookies may mean that certain functionality of the website is also disabled.

Do Not Track and Global Privacy Control

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests currently. We honor Global Privacy Control (GPC) signals, which are privacy preferences you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites. For more information, visit donottrack.us or globalprivacycontrol.org.

Security of Personal Information

We endeavor to protect the privacy of your Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

Marketing and Email Communication Preferences

If we have reached out to you through e-mail for marketing and promotional purposes, then you can always unsubscribe using the link in the e-mail. Alternatively, you can reach out directly to us at [email protected] and we will help you out.

You can manage your Facebook Ad Preferences here.

You can manage your Pinterest Ad Preferences here.

You can manage your Twitter Ad Preferences here.

You can manage your Snapchat Ad Preferences here.

You may manage your receipt of emails by clicking on the “unsubscribe” link located on the bottom of most emails from Company. Alternatively, you can email us at [email protected] and we will help you out. We will use commercially reasonable efforts to process such requests in a timely manner.

Privacy Rights

The rights you have depend on where you live.

California

If you live in California, you have the following rights. We will not discriminate against you for exercising any of these rights.

1. Right to Know. You can ask us to give you information about our collection and use of your personal information. Specifically, you can request that we provide you one or more of the following: the categories of personal information we collected about you; the categories of sources from which we collected your personal information; our purposes for collecting your personal information; the categories of third parties to whom we disclose your personal information; and the specific pieces of personal information we collected about you. You can also ask that we provide you, or another party you designate, a copy of your information in a commonly used, machine-readable format.
2. Right to Delete. You can ask us to delete your personal information that we collected from you.
3. Right to Correct. You can ask us to correct any inaccurate or incomplete personal information that we have about you.

If you want to exercise any of these rights, please email us at [email protected] with the subject line “California Rights Request” or call us at 1-877-455-8488. In order to protect your privacy, we require individuals verify their identify before we complete their requests by providing us with information such as name and email address. You can also have your agent submit a request on your behalf. If you rely on an agent, you must provide the agent with written authorization. In addition, you may be required to verify your own identity with us. We may deny a request from an agent if the agent does not submit proof that they have been authorized by you on your behalf. Such requirements, however, will not apply where you have provided the agent with power of attorney pursuant to Cal. Prob. Code Sections 4000 to 4465.

You also have the right to opt-out of targeted advertising, which you can exercise by managing cookies through our cookie preference center. We also respect GPC signals.

Colorado, Connecticut, Virginia, and Utah

Privacy laws in these states give consumers certain rights with respect to their personal data, when they take effect over the course of 2023. Those rights include:

1. Right to Access Information. You have the right to access and obtain a copy of your personal data.
2. Right to Request Deletion. You have the right to request that we delete personal data provided by or obtained about you.
3. Right to Correct. You have the right to correct inaccuracies in your personal data.
4. Right to Opt-Out of Targeted Advertising. You can ask us to not use or disclose your information for the purposes of targeting advertising to you based on your personal information obtained from your activity across different businesses, services, websites, etc.

To submit a request to exercise your access, deletion, or correction privacy rights, please email us at [email protected] with the subject line “Privacy Rights Request” and let us know in which state you live. Please see the California section for a description of how to exercise your right to opt-out of targeted advertising.

Residents of Colorado, Connecticut, and Virginia can appeal a refusal to take action on a request by contacting us by email at [email protected].

United Kingdom and European Economic Area

If you live in the United Kingdom or European Economic Area, you have the following rights:

1. Right of Access. You can ask us to give you information about our collection and use of your personal information. Specifically, you can request that we (1) confirm we are processing your information and (2) provide you one or more of the following: the purposes for the processing, the categories we process, the recipients or categories of recipients who we share your information with, and the retention period. You can also ask that we provide you, or another party you designate, a copy of your information in a commonly used, machine-readable format.
2. Right to Erasure. You can ask us to delete your personal information.
3. Right to Rectification. You can ask us to correct any inaccurate or incomplete personal information that we have about you.
4. Right to Restriction of Processing. You can request that we stop certain processing of your information because (1) you contest the accuracy of it or believe our processing is unlawful or (2) we only need the information for our legal claims or are evaluating your objection request.
5. Right to Object. You can object to our processing of your personal information that we undertake for tasks in our legitimate interests.

You can exercise these rights by emailing us at [email protected] with the subject line “European Rights Request.” Please be aware that, in order to protect your information, we will need to verify your identity before honoring your request.

You also have the right to lodge a complaint with your local supervisory authority. You can find information about your data protection authority here.

Privacy Policy Updates

From time to time we may update this Privacy Policy. We will post the updated copy and include the date of the update. If the changes are material, we will post a prominent notice, and we may contact you at your contact information we have on file. Please check our website periodically for updates. Your continued use of the website after we post the updated copy constitutes your acceptance of the updated privacy policy.

Contact Us

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to [email protected], and we will try to resolve your concerns. You may also contact us at:

Fifth Generation, Inc. Attn: Marketing/Privacy 1406 Smith Road, Suite C Austin, Texas 78721

EU Representative Osano International Compliance Services Limited ATTN: IN3K 3 Dublin Landings North Wall Quay Dublin 1 D01C4E0

UK Representative Osano UK Compliance LTD ATTN: IN3K 42-46 Fountain Street Belfast Antrim BT1-5EF