This is the privacy policy of Australian Vintage Limited ABN 78 052 179 932 and our related entities (herein collectively, AVL).
The purpose of this policy is to clearly express an up-to-date policy about our company's management and handling of personal information.
We are committed to protecting the privacy of your personal information. We will only collect, use or disclose personal information in accordance with relevant laws and this policy.
Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether or not recorded in a material form, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
By submitting your personal information to us, or by using our services, you acknowledge and consent to us using your personal information in accordance with this policy.
This policy is intended to enhance the transparency of our company's operations, notify you of your rights and our privacy-related obligations, and provide information regarding:
This privacy policy sets out how we comply with our obligations under the Privacy Act 1988 (Cth) (the Act), the General Data Protection Regulation (GDPR) and China's Personal Information Protection Law.
We acknowledge that we must take reasonable steps when handling personal information.
While we cannot warrant that this policy will be followed in every instance, we will endeavor to follow this policy on each occasion. Likewise, while we cannot warrant that loss, misuse or alteration of personal information will never occur, we will take all reasonable steps to prevent these things from occurring.
AVL has taken reasonable steps to endeavor to comply with the APPs and the Act, some examples are noted below.
Our policy is available on our website however should you require a hard copy please contact us and we will provide you with a copy.
This will likely occur in instances where:
We will take steps to hold personal information in a manner which is secure and protected from unauthorized access and disclosure.
In some circumstances, we may collect and hold personal information that has been collected from a third party or publicly available source. If we collect personal information about you from someone else, we will advise you as soon as practicable that this information has been collected and the circumstances which surround the collection. Alternatively, the third party that we collect personal information about you from will advise you as soon as practicable that this information has been, or will be, disclosed to us.
Your information may be held in either a physical form or in electronic form on our IT system.
Where stored in electronic form on our IT system, we will take steps to protect the personal information against modification, disclosure or misuse by including such things as physical restrictions, password protections, internal and external firewalls, and anti-virus software.
We will also endeavor to ensure that our service providers have protection for electronic IT systems and other necessary restrictions.
We will endeavor to ensure our staff are trained with respect to the security of the personal information we hold, and we will restrict any access where necessary.
While we retain information for as long as necessary in relation to the purposes for which it is collected, we will endeavor to destroy and de-identify the personal information once it is no longer required, except as required for business record purposes.
In the event we hold personal information that is unsolicited, and we are not permitted to collect it, the personal information will be destroyed as soon as practicable.
Collection
The types of personal information that AVL collects will depend on the nature of your dealings with us. Please note that while we seek to minimize the personal information we collect, if you do not provide us with the personal information we request, we may not be able to provide you with the services in the most effective or efficient manner, or at all, or you may not be able to be an AVL employee, contractor, supplier, or customer if the personal information requested is not provided.
It is our usual practice to collect personal information directly from the subject individual or their authorized representative(s).
Some examples of some personal information we might collect are:
AVL also collects personal information necessary for employment and labor-contracting purposes. This information may include:
Sensitive information is a type of personal information and includes information about your health, race, ethnic origin, and religious and political beliefs, among other things.
AVL will not ask to collect sensitive information about you except where it is needed for the purposes of AVL's business or another reason for which we have your consent and collection is necessary for that purpose.
If we do collect sensitive information about you, we will only do so with your consent or where the collection is required or authorized by law (for example, any relevant public health directions or other laws in the jurisdiction or the request for your COVID-19 vaccination status).
We also use different types of technology to collect your personal information, including tracking technologies such as cookies. Please refer below and to our Terms of Use for more information regarding how we use cookies.
Identification
You may choose to interact with us using a pseudonym and/or not identify yourself.
In circumstances where we are required to do so, or are authorized by law, a court or tribunal to ask for your identification, we will request your personal information.
Further, it is likely that it will be impractical for us to interact with you without some form of identification, and therefore we will request identification details from you at the beginning of each transaction.
For example, we will not be able to open a commercial credit trading account or process a commercial credit application for you without obtaining identification details.
If you do not consent to the collection or your personal information, in accordance with this privacy policy, we may not be able to assist you with the provision of certain services.
Cookies and the collection of personal information via our website and mobile application
When you visit one of our websites, or use our mobile application, we may collect information about the session between your computer or mobile device and our website and/or mobile application through the use of cookies. Cookies are text files which are stored on your computer or mobile device (by your web browser) that record specific information, such as which pages you visit, the information you have searched for, or the device you are using to access our website or mobile application.
We use cookies for the purposes of managing and improving our website and mobile application, improving our business functions, and gathering demographic information about the people who visit our websites and use our mobile application, among other things.
By using our websites or mobile applications, and not opting-out of cookies, you consent to our use of cookies in accordance with the terms of this Privacy Policy. You may elect to disable or turn off cookies in your web browser, however, this may impact upon the services we are able to offer you on our websites and may impact upon your ability to access certain features of our websites.
We also use Google Analytics (provided by Google Inc.), which enables us:
Google Analytics collects demographics and interests data from the following sources:
The above information will be available to Google Analytics when the user is logged into Google services, which include, but are not necessarily limited to:
Our server will also automatically record your Internet Protocol address (IP address).
An IP address is a numerical design assigned to each device connected to a computer network by your internet service provider. While IP addresses can be used to identify the general physical location of a computer, they are otherwise anonymous, and we will not use your IP address to identify you.
Our websites may contain links to other websites, for your convenience and information. When you access a website other than an AVL operated website, please understand that AVL is not responsible for the privacy practices of that site or for the content, product or services provided by, or contained on, that website. We suggest that you review the privacy policies of each site you visit.
Personal information of children
Our mobile application does not address any person under the age of 18.
We do not knowingly collect personal information from persons under the age of 18 years. In the event we have collected personal information from a person under 18 without parental consent, we will take steps to ensure that the personal information is destroyed.
Consent and usage
You consent to the use of your personal information to the extent set out above upon downloading our mobile application. Should you not wish us to collect and store your personal information, you must immediately inform us that you do not consent.
You may at any time after downloading our mobile application withdraw your consent for us collecting and using your personal information.
When using our mobile application, we will provide you with a prompt as to whether you want to provide access to your microphone, camera and/or location services (or any other service that may collect personal information) and any data that may be collected from those mobile phone functions.
Our mobile application may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly recommend that upon being re-directed to a third party's site, that you review the privacy policy of each site you may visit.
We have no control over and assume no responsibility for the contact, privacy policies or practices of any third-party sites or services.
We will take all reasonable steps to ensure that your personal information is kept secure. We cannot however guarantee its absolute security given that no method of electronic transmission or storage is 100% secure.
Third Party service providers
We may from time to time use third party service providers (such as Google Analytics) in order to:
These third-party service providers will have access to your personal information only for the functions listed above. They are under an obligation not to disclose or use your personal information for any other purpose.
AVL will only use personal information for the purpose for which it was collected or for related purposes permitted by law. These uses include (but are not limited to) use of your personal information:
We may also collect personal information (including sensitive information) for both the primary purposes specified herein and purposes other than the primary purposes, including the purpose of direct marketing.
We may also collect personal information from other credit providers, Credit Reporting Body (CRB) and any other third parties for the purposes of our functions and activities including, but not limited to, credit, sales, marketing and administration.
We will endeavour to only use and disclose personal information for the primary purposes noted above in relation to the functions or activities of our company.
In addition, we may also use and disclose personal information (including sensitive information) for both the primary purposes specified herein and purposes other than the primary purposes, including the purpose of direct marketing.
Unless one or more of the below scenarios has occurred, we will take necessary steps to prevent personal information from being given to government agencies or other organisations.
Further, we will endeavor to only disclose personal information for the purpose in which it was collected, unless disclosure is reasonably necessary to:
In any event you will be provided with an opt out option with respect to direct marketing should you wish to be excluded from direct marketing communications.
If you do not elect to ‘opt out’ to receiving direct marketing material from us, you consent to us using personal information (other than sensitive information) provided to us for direct marketing purposes.
We may however use sensitive information for direct marketing purposes if you provide your consent to do so.
You may at any point in time, request to no longer receive direct marketing material from us by opting out.
We will record this information on our opt out register.
Direct Marketing and Third Parties
We may also from time to time, if we have received your consent, provide your personal information to a third party for the purposes of direct marketing.
You may at any time request the source of the personal information that has been disclosed.
We will endeavor not to use or disclose a government related identifier unless:
Disclosure to CRB's
We may disclose personal information to a CRB in accordance with the permitted disclosures as defined under the Act.
We may disclose your Credit Information to the following CRB's listed below.
Equifax Level 15, 100 Arthur Street NORTH SYDNEY NSW 2060 Tel: 1300 921 621
NCI Level 2, 165 Grenfell St ADELAIDE SA 5000 Tel: 1800 882 820
Illion Level 2, 143 Coronation Drive MILTON QLD 4064 Tel: 07 3360 0600
Creditor Watch Level 13, 109 Pitt Street SYDNEY NSW 2000 Tel: 1300 501 312
Experian Level 6, 549 St Kilda Road MELBOURNE VIC 3004 Tel: 03 9699 0100
A copy of the credit reporting policy for the CRB's listed above will be available on their website or will be provided in hard copy upon request.
You are entitled to access your personal information held in our possession.
We will endeavor to respond to your request for personal information within a reasonable time period or as soon as practicable in a manner as requested by you. We will normally respond within 30 days.
You can make a request for access by sending an email or letter addressed to our Privacy Officer, details specified below.
The Privacy Officer Australian Vintage Limited 275 Sir Donald Bradman Drive COWANDILLA SA 5033 Phone: 08 8172 8301 Fax: 08 8172 8399 Email: [email protected]
With any request that is made we will need to authenticate your identity to ensure the correct person is requesting the information.
We will not charge you for making the request, however if reasonable we may charge you with the costs associated with your request.
You will only be granted access to your personal information where we are permitted or required by law to grant access. We are unable to provide you with access that is unlawful.
Should we hold personal information and it is inaccurate, out of date, incomplete, irrelevant or misleading, or incorrect you have the right to make us aware of this fact and request that it be corrected.
If you would like to make a request to correct your information, please contact our Privacy Officer on the details above.
In assessing your request, we need to be satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading. We will then take all reasonable steps to ensure that it is accurate, up to date, complete and not misleading.
It is our normal policy to resolve any correction requests within 30 days. If we require further time, we will notify you in writing and seek your consent.
Should we refuse to correct your personal information, written notice will be provided to you setting out:
We will endeavor to notify any relevant third parties of the correct personal information where necessary and required.
In the event that you wish to make a complaint about a failure of us to comply with our obligations in relation to the Act or the APP’s please raise this with our Privacy Officer on the contact details above.
We will provide you with a receipt of acknowledgment as soon as practicable.
We will then endeavour to respond to your complaint and attempt to resolve the issues within 30 days.
In dealing with your complaint, we may need to consult another credit provider or third party.
If you are not satisfied with the process of making a complaint to our Privacy Officer, or our response, you may make a formal complaint to the Office of the Australian Information Commissioner, details of which are below.
Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001 Email: [email protected] Telephone: 1300 363 992 Facsimile: 02 9284 9666
We may choose to, if permitted by law, share and/or disclose your personal information with recipients outside of Australia.
We are required to notify you with a list of any countries which personal information may be transmitted to or disclosed, where it is practical for us to do so.
At this point in time, we may share and/or disclose personal information to overseas entities in countries including the UK, the USA and Japan.
If you have any queries regarding our credit reporting policy or wish to find out more regarding any of privacy policies, please contact our Privacy Officer on the details listed above.
For EU or UK residents, additional information regarding the data subject rights you may have is found in the “European Union - General Data Protection Regulation” section below.
For individuals within the territory of the People's Republic of China (the PRC), additional information regarding the categories of personal information we collect and the details for personal information protection is found in the “People’s Republic of China – Personal Information Protection Law (PIPL)” section below.
We are bound by the GDPR when dealing with the personal information of EU residents.
For EU residents, set out below is a list of additional rights in relation to the handling of your personal information by us.
These rights are subject to restrictions under the GDPR, including exemptions. These rights may only apply to certain types of information and processing.
We note that we may not be able to fulfil a request made by you regarding your personal information due to our legal requirements or where the request would compromise the privacy of others.
For the avoidance of doubt, in the event of an inconsistency between this section of the privacy policy and the remainder of the policy, the former will prevail to the extent of the inconsistency in relation to EU residents.
(a) The EU Commission has decided that the country or organisation ensures an adequate level of data protection; or
(b) Appropriate safeguards have been implemented and enforceable rights and remedies are available for individuals.
Any requests to us in accordance with the GDPR can be made by contacting the Privacy Officer on the details above.
Where applicable, you can find contact information for your data protection supervisory authority on the European Data Protection Board’s website, https://edpb.europa.eu/about-edpb/about-edpb/members_en, or through other publicly available sources.
We are bound by the PIPL when dealing with the personal information of China residents.
Under the PIPL, personal information refers to information related to identified or identifiable natural persons recorded by electronic or other means. Sensitive personal information refers to the personal information that is likely to result in damage to the personal dignity of any natural person or damage to his or her personal or property safety once disclosed or illegally used.
Except where required or permitted by law, AVL will not disclose your personal information with any person or organisation except in the following cases:
You may withdraw your consent at any time. You may also object to the processing of your personal information.
You have the following rights:
Any requests to us in accordance with the PIPL can be made by contacting the Privacy Officer on the details above.
AVL does not collect any data or information concerning persons who are under the age of 18, which is the legal age for alcohol drinking and purchasing in the PRC. We will try to delete the relevant information as soon as we are expressly aware that the subject is under the age of 18.
If a data breach occurs, we will, where feasible, notify the supervisory authority within 72 hours after becoming aware of the breach. We will also notify you without undue delay where the breach is likely to result in a high risk to your rights and freedoms.
AVL will retain your personal information for the period necessary to fulfil the purposes for which your personal information has been collected (as outlined in this privacy policy) unless a longer retention period is required by law.
AVL’s website, and its 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 AVL and stored on its servers outside of China.
We may not be able to fulfil a request made by you regarding your personal information due to our legal requirements or where the request would compromise the privacy of others.
For the avoidance of doubt, in the event of an inconsistency between this section of the privacy policy and the remainder of the policy, the former will prevail to the extent of the inconsistency in relation to China residents.
We will update this privacy policy from time to time. In the case of any such changes, we will post the changed privacy policy on our website. The changes will take effect as soon as they are posted on this website. We therefore recommend that you read it each time you visit our website. If you do not agree with the privacy policy at any time, please do not continue to use or website. If you do continue to use our website, you are deemed to have accepted the terms of the privacy policy as they appear at the time of use.