Privacy Policy
This Policy applies to Vinarchy and all its global companies and brands (“Vinarchy” “we”, “us” or “our”). We have a commitment to privacy in accordance with the privacy laws applicable in the countries in which we operate and are committed to protecting and maintaining your privacy.
This Policy describes the types of personal information we may collect and how we use, hold and disclose this personal information. Sections 12 and 13 of this Policy detail how to contact us in relation to privacy requests, questions or complaints.
By using our websites and/or providing personal information to us, you acknowledge that we will collect, store, use and disclose your personal information in accordance with this Policy and the applicable law. If you provide us with personal information about a third party (including any of your employees or individuals related to your business), you represent, and we collect it on the basis that, you have that person’s consent for us to collect and handle their personal information in accordance with this Policy.
In some cases, we may provide additional privacy notices for particular countries. For example, the Annexures that relate to Australia, UK/EMEA, South Africa, China and North America are at the end of this Policy. Any such terms are to be read in conjunction with this Policy.
This Policy is provided in a layered format so you can click through to the specific areas set out below. Alternatively, you can download a pdf version of the policy here.
Capitalised terms in this Policy are defined in the Annexure on the final page. However, if you hover your mouse over a capitalised term, the definition will be shown to you. [Drafting Note: This functionality is available once converted to PDF]
This Policy includes examples but is not restricted in its application to such examples. Accordingly, where the word ‘include’ or ‘including’ is used, it will mean ‘including without limitation’.
Vinarchy includes many different brands, such as Jacob's Creek, St Hugo, Campo Viejo, Hardys, Banrock Station, Grant Burge, St Hallett, Mud House and Jam Shed. When you visit, shop, or create an account with us, or use sites and applications, your personal information is controlled by a member of the Vinarchy group. The list of relevant Data Controllers can be found at Annexure E.
We may collect personal information in different ways, including:
- directly from you, including:
a. through our websites;
b. by telephone;
c. through written correspondence;
d. by entering competitions or promotions;
e. requesting marketing to be sent to you;
f. applying for open employment positions; and
g. in person if you visit our cellar doors or wineries; - as part of orders for products and/or services;
- from your employer, if they are a customer or supplier of ours and you are involved in our dealings;
- from credit reporting agencies;
- from employment/recruitment agencies;
- from publicly available sources of information; and
- monitoring and recording of calls that you make to us in certain circumstances (we will notify you beforehand).
Our websites use cookies to help facilitate your ongoing access to our websites. We collect, with your consent, personal information concerning you whenever you browse on our websites through the use of tracking technologies. More information about cookies and privacy can be found in Annexure A “Cookies”.
The categories of personal information we may collect are:
- Individual Data which includes personal information which relates to your identity, such as your first name, middle name, last name, username or similar identifier, marital status, title, date of birth and gender, and your billing address, delivery address, email address and telephone numbers which you provide to us in person, via our website, apps or by telephone;
- Account and Profile Data which includes personal information which relates to your account with us or profile on our website or apps, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
- Economic and Financial Data which includes personal information which relates to your finances, such as your bank account and payment card details and, for the purposes of the prevention of fraud, such personal information may also include your passport (where you provide this to us) and any VAT registration details;
- Sales Data which includes personal information which relates to the transactions you have conducted with us, such as details about payments to and from you, details of subscriptions to our services or publications and other details of products and services you have purchased from us;
- Information Technology Data which includes personal information which relates to your use of our website or apps, such as your IP address, login data, and traffic data;
- Audio and Visual Data which includes personal information which is gathered using our CCTV or other recording systems at our locations in the form of images, video footage and sound recordings;
- Advertising and Marketing Data which includes personal information which relates to your marketing preferences, such as information about your preferences in receiving marketing materials from us and our third parties and your communication preferences as well as your personal interests (where you provide these to us);
- Market Research Data which includes personal information which is gathered for the purposes of market research;
- Health Data which includes personal information which is gathered for health and safety purposes including any accident report or claim log or dietary preferences.
We may also create personal information about you, for example, if you contact us by telephone to make a complaint, for example about our services or goods, then we may make a written record of key details of the conversation so that we can take steps to address the complaint.
We also obtain and use certain aggregated data such as statistical or demographic data for any purpose (“Aggregated Data”). Aggregated Data may be derived from your personal information but does not directly or indirectly reveal your identity. For example, we may aggregate your operational data to calculate the percentage of users accessing a specific feature on our website or apps. However, if we re-combine or re-connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.
Finally, we may from time to time obtain certain special categories of your data including, for example, Health Data (“Special Categories of Data”), and this Privacy Policy sets out how we may process these types of personal information. For example, if there was an incident at one of our properties, we may need to process your Special Categories of Data for health and safety requirements or to complete an accident form.
Except as set out in this Policy, we will not disclose personal information outside of Vinarchy. We will only disclose personal information to third parties where it is necessary or compulsory to do so. The primary instances where we may disclose personal information to third parties include:
- to our related bodies corporate, including our subsidiaries and holding companies;
- to external advisors, contractors and service providers including advertising and credit reporting agencies, so they can provide the services we have contracted to them;
- to law enforcement bodies and agencies, in order to comply with the law or to protect the rights, property or safety of the public or us;
- to comply with our legal obligations (including Anti-Money Laundering laws);
- if we are selling or transferring a brand, personal information held about or in connection with that brand may be disclosed to the third party acquirer of the brand; and
- if we, or substantially all of our assets, are being acquired by, or merged with, a third party, personal information held by us about our customers may be disclosed to that third party.
In certain circumstances we may be a credit provider to you. In these circumstances, we will handle your credit information in accordance with this Privacy Policy.
We will only collect and process ‘sensitive information’ with your consent.
If you provide us with personal information, including any ‘sensitive information’, then you thereby consent to us collecting and processing all such information in accordance with this Policy, unless you tell us otherwise at the time you provide us with the information.
We take reasonable steps to keep the personal information we hold secure from unauthorised access, modification and disclosure, and other types of misuse, loss and interference. We have internal policies, procedures and systems in place to ensure compliance with this Policy.
Personal information may be stored electronically and/or in hard copy, and appropriate information security measures are in place to protect this information.
Generally, we keep personal information for no longer than necessary in relation to the purposes for which we collect and use it. After the relevant purposes are realized, we will either: (a) delete the personal information; or (b) stop all processing activities in connection with the personal information (except for storing the same and necessary security measures), except where deletion is technically unfeasible, or we are legally required to keep the personal information longer. Your personal information may also be retained in our IT system back-up records.
Unfortunately, no data transmission over the internet can be guaranteed to be fully secure and you need to be aware of this when communicating with or providing personal information to us over the internet. We cannot guarantee the security, during transmission, of any personal information provided to us via our websites or emails.
We operate as a global business and have global data storage and processing arrangements. Accordingly, the information that we collect from you may be transferred to, and stored at, a destination outside of the country in which the information was collected (including, but not limited to, India). It may also be processed by employees and our service providers operating outside of the country in which the information was collected or for one of our suppliers or agencies.
We will take reasonable steps to ensure that an international entity is bound by relevant privacy obligations equivalent to the European Union’s GDPR laws, South Africa’s POPI Act, the US privacy laws, China’s Personal Information Protection Law (“PIPL”) and/or the Australian privacy laws (as applicable), before we disclose or transfer your personal information to it.
By providing your personal information to us, you agree to this transfer, storing and/or processing. We will take reasonable steps to ensure that your personal information is treated securely and in accordance with this Policy, including section 9 above.
We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. However, we will assume that any of the personal information provided by you is up to date and complete at the time it is provided.
If you wish to access, copy, erase, or update your personal information held by us, you need to contact our Privacy Officer. Please see the applicable contact details in sections 15 and 16 of this Policy.
When you contact us with such a request, we will take steps to update your personal information, provide you with access to, or a copy of, your personal information and/or otherwise address your query within a reasonable period after we receive your request. Sometimes it will not be possible for us to grant you access to your personal information that we have about you or to give you a copy of such information. In such cases, we will give you a written notice explaining why.
You have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your information) if we intend to use your personal information for such purposes or if we intend to disclose your personal information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal information or by contacting us at privacy@vinarchy.com.
A complaint regarding our compliance with privacy obligations relating to your personal information must be submitted in writing to Shanghai CWC Trading Co Ltd’s privacy representative (in the case of China), our Data Protection Manager (in the case of EU or the UK), or our Privacy Officer (in the case of Australia or any other country not within the regions listed in this section), as applicable. Please see our contact details in sections 15 and 16 of this Policy.
We will handle your complaint in an appropriate and reasonable manner. Where necessary, we may consult with related entities and partners to address your complaint.
If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact a regulatory body including, the Office of the Australian Information Commissioner (for Australia), the Information Commissioners Officer (for the UK), and the Information Regulator (for South Africa).
From time to time, our information handling processes will be reviewed and updated, and we will update this Privacy Policy accordingly. We will notify you of any updates to this Privacy Policy by posting an updated version on our websites and, except when the applicable law requires otherwise, such updates will become effective immediately upon posting.
For all regions other than China, the UK and EU (see section 16 below for these regions), if you wish to access or correct your personal information held by us, or to complain about a possible breach of privacy, enquiries should be directed to the Privacy Officer as follows:
BY EMAIL: privacy@vinarchy.com
BY POST:
Vinarchy Australia Limited
Level 10, 10 Franklin Street, Adelaide SA 5000
If you no longer wish to receive promotions or other direct marketing communications from us, please contact us through one of the methods stated above to advise us of such and provide sufficient information to enable us to locate your information. In some cases, our communications with you may contain specific methods to opt out of direct marketing material sent via the particular communication.
For the UK and EU please refer to the External Privacy Notice United Kingdom and European Union available at Annexure D.
Our privacy practices may vary amongst the countries in which we operate to reflect local legal requirements and practices. For the purposes of this Privacy Policy, each reference to ‘Vinarchy’ is a reference to Vinarchy Australia Limited, Shanghai CWC Wine Trading Co., Ltd, Vinarchy Limited, Vinarchy South Africa (Pty) Ltd and Vinarchy North America, Inc. (including all related bodies corporate and subsidiaries, and each of the brands owned by those companies), as relevant.
- Australia
Vinarchy Australia Limited (including its related bodies corporate as defined in the Corporations Act 2001) is bound by and complies with the Australian Privacy Principles (“APP’s”) as required by the Privacy Act 1988 (Cth) (“Privacy Act”).
- China
Shanghai CWC Wine Trading Co., Ltd complies with the PIPL and other applicable laws in China. If you have a query or complaint regarding Shanghai CWC Wine Trading Co., Ltd’s processing of your personal information, or you wish to exercise any of your rights at law (including withdrawing your consent to our use of your personal information, where applicable), please contact our privacy representative for China as follows:
Entity: Shanghai CWC Wine Trading Co Ltd
Email: privacy@vinarchy.com
For individuals in China, please also refer to the additional information in Annexure B below.
- European Union
For the UK and EU please refer to the External Privacy Notice United Kingdom and European Union available via clicking this link.
- North America
Vinarchy North America, Inc. complies with the requirements of the Online Privacy Protection Act of 2003. Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services are entitled to request and obtain from us once a calendar year information about the customer information Vinarchy has shared, if any, with other businesses for their own direct marketing uses and the identities of those third parties, subject to certain exceptions. To make such a request, please contact us through one of the methods stated above.
- South Africa
Vinarchy South Africa (Pty) Ltd (with registration number M2007015913) is bound by and complies with the Protection of Personal Information Act 4 of 2013 and other applicable laws in South Africa. Please refer to the External Privacy Notice South Africa available via clicking this link.
Vinarchy uses standard technology called cookies on its websites. Cookies help Vinarchy provide you with a good experience when you browse our websites, allows us to improve our sites as well as automatically collecting information about you when you visit our websites.
What is a cookie?
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. This can allow websites to recognise devices throughout the duration of a user’s visit or browsing session. These cookies are known as session cookies. In some cases cookies persist across multiple browsing sessions, enabling the website to remember user preferences from previous visits. These cookies are known as preference cookies. Both session cookies and preference cookies reduce the requirement for the user to continually identify themselves on their journey through a website. For example, cookies may be used on this website to remember that the user has verified their date of birth, or to remember the details and the choices from submitted forms.
How we use cookies
We use the following cookies:
- Essential cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests.
Please note that third parties may also use cookies, over which we have no control. These third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third party cookies are likely to be analytical cookies or performance cookies or targeting cookies.
Except for essential cookies, all cookies will expire on the same day of access.
Information we collect from cookies
When you interact with us via our websites, the information collected from the use of cookies may include the IP address of the device you are using and information about the sites from which you accessed the internet, type of web browser used, the pages visited on our website and the next site visited.
Agreeing to the use of cookies or disabling cookies
Except for cookies which qualify as essential, the cookies described above will be installed on your computer only if you expressly consent to them. A banner will appear on our websites asking you to consent/turn on or off non-essential cookies by clicking on the relevant button. For more information on cookies and how to use them or block them visit www.allaboutcookies.org.
In addition to the above provisions, the following information also applies to individuals in China. It is our goal to comply with all relevant personal information protection laws that apply to us. In case of any discrepancies between the additional information below and the other parts of this Privacy Policy, the more restrictive requirements shall apply.
Name and contact details of personal information handler
Depending on which Vinarchy entity you are dealing with and the nature of your relationship with us, the handler of your personal information may be Shanghai CWC Wine Trading Co., Ltd, Vinarchy Australia Limited or Vinarchy Limited. You may contact us via the details in section 16 of this Privacy Policy.
Scope, purposes and methods of personal information processing
“Personal information” means all kinds of information recorded in electronic of other form relating to an identified or identifiable natural person. Please refer to the above sections of the Privacy Policy for information on the types of personal information we collect and process, as well as the purposes and methods of our processing.
Cross-border transfer, provision and disclosure of personal information
This website (https://www.Vinarchy.com/) and our other brand websites are hosted on servers outside of China. When you submit a request, make an inquiry or otherwise interact with us via our websites, your personal information will be transmitted to a member of the Vinarchy global group and stored on its servers outside of China.
As a multinational company, Vinarchy may from time to time provide and transfer your personal information to certain third-party recipient(s) for business and operational reasons. The types of personal information processed by these recipient(s) and the purposes and methods of their processing activities are the same as described in this Policy.
Except where required or permitted by law, we will not disclose your personal information without seeking and obtaining your separate consent.
Exercise of Rights
If you have any issues, queries or complaints regarding the processing of your personal information or wish to exercise your rights in relation to your personal information with us or the third party recipient(s), please contact us via the details in section 16.2 of this Privacy Policy.
We may request information from you in order to verify your identity or understand your request as well as to ensure that you are entitled to make that request under the law. We will respond to your request in a timely manner (generally within 30 days).
For South Africa, please also refer to our PAIA Manual available by clicking this link.
For the UK and EU please also refer to the External Privacy Notice United Kingdom and European Union available via this link.