1. About this Policy
1.1. WithWine Ltd (WithWine) is committed to maintaining the privacy of its suppliers, customers, clients and other individuals who interact with WithWine and has developed this Privacy Policy in line with the Australian Privacy Principles as established under the Privacy Act 1988 (Cth) (Privacy Act).
1.2. WithWine is bound by the Australian Privacy Principles that establish the benchmark for how personal information should be handled. WithWine has adopted those principles as part of its standard business procedures. All personal information obtained by WithWine is dealt with in a uniform manner and every effort is made to maintain its security.
1.3. The purpose of this Privacy Policy is to describe how WithWine collects, uses and discloses information and how you may access and correct this information.
2. Personal Information
2.1. WithWine holds personal information about its members, suppliers, customers, clients and other individuals who interact with WithWine (referred to in this Privacy Policy as “you”). This information includes, but is not limited to, name, address, phone number, fax number, email address and platform activity. It may also include other personal information and financial information.
2.2. WithWine does not wish to collect any Sensitive Information (as that term is defined in the Privacy Act) about you, including information or opinions about your political affiliations, sexual preferences, religious beliefs and racial or ethnic origin.
3. Collection of Personal Information
3.1. WithWine collects and holds personal information about you for the purposes of:
(a) facilitating the provision of services by WithWine;
(b) conducting anonymous voluntary surveys in order to gain feedback on matters related to WithWine and improve the services provided by WithWine;
(c) WithWine’s administrative functions;
(d) supporting and managing password-protected, member-only access to the WithWine website and other WithWine owned online platforms;
(e) supporting and managing an online member and public directory on the WithWine website; and
(f) analytics and research by WithWine, its partners and/or other users of its platform.
(g) direct marketing by WithWine, its partners and/or other users of its platform.
Should we use your information for any project in partnership with a 3rd party your information will be aggregated and anonymised. We will not sell your information to 3rd parties.
3.2. WithWine collects personal information in a number of ways, including:
(a) directly from the contact person and/or a designated nominee through various online and hard copy registration and application forms issued to facilitate the provision of services by WithWine;
(b) via the WithWine website;
(c) via fax and other electronic means, including credit card payment remittance slips;
(d) through online surveys where the member has not chosen to remain anonymous.
4. Use and Disclosure of Personal Information
4.1. WithWine has a policy of not disclosing personal information contained on its database to anybody outside the WithWine platform for purposes beyond the completion of transactions. This means that the use of the database containing personal information is restricted solely to WithWine and its users. However, where required to do so by law, WithWine will disclose personal information about you.
5. Cross-Border Disclosure
5.1. WithWine may provide your information to overseas recipients in the following circumstances:
(a) In the event that WithWine owns entities outside of Australia, your personal information may be disclosed to those entities
(b) In the event that either a partial or full share of WithWine is purchased by overseas entities, your personal information may be disclosed to those entities
(c) In the event that you have placed an order for products from outside of Australia, your personal information may be disclosed to overseas recipients
5.2. By opting into these services you consent to the disclosure of your personal information to such overseas recipients.
6. Storage and Security of Personal Information
6.1. WithWine stores personal information in a combination of secure computer-based storage facilities and paper-based files and records.
6.2. WithWine generally uses accepted technology and security so that it is satisfied that personal information is transmitted safely to it through the internet or other electronic means.
6.3. WithWine will use its reasonable endeavours to protect your personal information from misuse, unauthorised access, disclosure, modification or loss. WithWine’s officers, employees, agents and third party contractors are expected to observe the confidentiality of your personal information.
6.4. Despite its reasonable endeavours, WithWine is unable to ensure or warrant the security of any personal information transmitted to WithWine and all personal information disclosed by you to WithWine is at your own risk.
6.5. Where WithWine no longer requires personal information it has collected and stored and is not required by or under Australian law, or an order of a court or tribunal, to retain the information, WithWine will take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is no longer personal information.
7. Access to Personal Information
7.1. Upon request, WithWine will inform you of the type of personal information held about you. You have the right to access your personal information stored on a computer, on a database, in personnel files or in any other format WithWine to ensure that it is accurate unless WithWine has a legal duty of confidentiality or non-disclosure.
7.2. If you would like to exercise your right to access your personal information please contact our Privacy Officer. It is our policy that all requests for access be made in writing. Our Privacy Officer will arrange for an access form to be sent to you and can assist with any enquiries you may have about the process. WithWine must respond to a request by you to access your personal information within a reasonable period after the request is made.
7.3. WithWine, in its discretion, may refuse to grant you access to your personal information to the extent that such denial is permitted by the Australian Privacy Principles. If WithWine refuses your request to access your personal information under the Australian Privacy Principles, WithWine must, in writing:
(a) where reasonable, give reasons for the refusal; and
(b) notify you of the mechanisms to complain about the refusal; and
(c) inform you of any other matter prescribed by the regulations.
8. Personal Information to be kept up-to-date
8.1. WithWine will take all reasonable precautions to ensure that the personal information it collects, uses and discloses is accurate, complete and up-to-date. However, the accuracy of that information depends to a large extent on the information provided by you. In order to prevent inaccuracies in your personal information you should:
(a) let WithWine know if there are any errors in your personal information; and
(b) keep WithWine up to date with any changes to your personal information such as name, address and telephone number.
9. Correction of Personal Information
9.1. You may contact the Privacy Officer appointed by WithWine to correct any of your personal information that is inaccurate, out-of-date, incomplete or to request that your personal information be deleted. You can contact the Privacy Officer at privacy@withwine.com. If WithWine is satisfied that your personal information is inaccurate, out-of-date, incomplete or irrelevant, or if you request WithWine to correct your personal information then WithWine must take reasonable steps to correct your personal information to ensure that, having regard to the purpose for which it is held, it is accurate, up-to-date, complete and relevant.
9.2. WithWine must respond to a request by you to correct your personal information within a reasonable period after the request is made.
9.3. WithWine will not charge you a fee for the making of the request, or for correcting your personal information.
9.4. If WithWine has previously disclosed your personal information to another entity, WithWine will take reasonable steps to notify the other entity of the correction(unless it is impracticable or unlawful to do so) if you make such a request.
9.5. If WithWine refuses your request to correct information, WithWine must, in writing:
(a) give reasons for the refusal except to the extent it would be unreasonable to do so; and
(b) notify you of the mechanisms available to complain about the refusal; and
(c) inform you of any other matters prescribed by the privacy regulations.
10. Direct Marketing
10.1. WithWine may use your personal information for direct marketing purposes, including for the purposes set out in clause 3.1(a), to communicate opportunities related to WithWine and its services via email and postal mail.
10.2. If you do not wish to receive any marketing material from us you can opt-out by contacting us at hello@withwine.com.
10.3. WithWine does not pass on any personal information to parties outside of the WithWine platform (i.e. non-users) for direct marketing.
10.4. Generally, your personal information is only shared with other users of the WithWine platform if you have chosen to Follow that user or one of more brand profiles owned by a user. Other users will be able to see your personal information though, without you Following them or their brand, if you place an order with them, subscribe to their mailing list, join their wine club or similar interaction.
11. Cookies
11.1. A Cookie is a feature stored on your computer’s hard drive by your web browser. On each visit to the Website, the WithWine web browser will recognise the Cookie and give WithWine information about your visit. WithWine uses Cookies for the purpose of allowing you to have your password saved for easy repeated access to the website. WithWine may also use Cookies to learn about your preferences and the way that you use the Website so that it can improve the Website. Most browsers accept Cookies automatically, but you should also be able to alter the settings of the browser to refuse Cookies. You should note that de-activating Cookies may mean that you will no longer be able to enjoy the full operational capabilities of the Website.
12. How to make a complaint
12.1. If you are concerned that WithWine may have handled your personal information inappropriately or you have a complaint regarding an interference with your privacy, please contact our Privacy Officer at privacy@withwine.com.
12.2. Upon receipt of your complaint, WithWine will handle the complaint in accordance with its Complaints Handling Process and Policy. This requires WithWine to:
(a) confirm receipt of your complaint;
(b) advise you what steps will be taken to investigate your complaint;
(c) provide an approximate timeframe within which your complaint will be resolved;
(d) make a decision in relation to your complaint; and
(e) inform you of the outcome of your complaint and the reasons for the decision.
12.3. In response to any complaint, WithWine will:
a) treat all complaints sensitively, seriously and sympathetically;
b) attempt to resolve the matter promptly;
c) keep accurate records of your complaint, WithWine’s investigation of your complaint and the outcome reached.
13. Contact Details
13.1. If you have any queries about this Privacy Policy, wish to gain access to or correct personal information WithWine may hold about you or have any complaints regarding an interference with your privacy or the way we manage your personal information you may contact the Privacy Officer appointed by WithWine by email at privacy@withwine.com.
14. Consent
14.1. You acknowledge and agree that by providing your personal information to WithWine that WithWine, its related bodies corporate and partners and each of their officers, employees, agents and contractors are permitted to collect, store, use and disclose your personal information in the manner set out in this Privacy Policy and in accordance with the Australian Privacy Principles.
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