PRIVACY POLICY

Brangayne Wines Pty Ltd, trading as “Brangayne of Orange” ABN 52 092 815 917 (the “Company” or “we”) is bound by the Australian Privacy Principles 2014 (“APP”) set out in the Privacy Act 1988 (Cth) (the “Act”).  Brangayne Wines Pty Ltd respects your privacy and recognises the importance of protecting the privacy of information collected about visitors to this website and the Cellar Door.  This Privacy Policy applies to any personal information the Company collects from you, including via the website (www.brangayne.com.au) (the “Site”) or in the Cellar Door.   By using this website, you consent to the collection, use and disclosure of personal information, but only in accordance with this privacy statement.

The Company will only collect, use or disclose such personal information in accordance with the Act and this Privacy Policy. In this Privacy Policy, “personal information” has the meaning set out in the Act.  Essentially, personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable.

1- COLLECTION

1. 1. TYPES OF PERSONAL INFORMATION COLLECTED

The Company will, from time to time, collect and use personal information.  The types of personal information collected and the purposes for which that personal information will be used will depend on the circumstances. For example, the Company may collect personal information from you when you:

• access the Site;
• submit an order for wine or other products;
• submit registration forms for Cellar Club membership;
• subscribe to receive newsletters and other email communications;
• make a services request or contact us with a query or booking request.

The personal information we collect may include your name, email address, physical address, telephone numbers, date of birth, gender, IP address, details of past transactions/requests you have made and such other information as required in the circumstances.  When you use our Site, we may collect usage information such as the IP address you are using, the name of your Internet service provider, your browser version, the website that referred you to us and the next website you go to, the pages you request, the date and time of those requests and the country you are in. The Company does not generally require you to disclose any sensitive information (e.g. details of race, religious beliefs, sexual orientation, health information etc.). If you do provide sensitive information to us for any reason, you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Act and other relevant laws. In addition to the types of personal information identified above, the Company may collect personal information as otherwise permitted or required by the Act and other relevant laws. If you can’t, or won’t, provide the Company with the personal information it reasonably requires, the Company may be unable to provide you with the information, goods or services you have requested.

1. 2. PURPOSE OF COLLECTION

The Company may use or disclose your personal information for the purposes for which we collected it (and related purposes which would be reasonably expected by you), for other purposes to which you have consented and as otherwise permitted or required by law.  In general we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations. Some of the specific purposes for which we collect, use and disclose personal information are set out in section 3.1 below. In addition to the purposes set out in section 3.1, we may also use and disclose your personal information for the purpose of direct marketing to you where:

• you have consented to us doing so; or
• it is otherwise permitted by law.

Direct marketing involves us (or our related companies, contractors or agents) communicating directly with you for the purpose of promoting goods or services to you and to provide you with special offers.  Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS.  You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 7 of this Privacy Policy).

1. 3 PAYMENT / FINANCIAL INFORMATION

Brangayne Wines Pty Ltd uses the SecurePay Payment Gateway for its online credit card transactions. SecurePay processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the SecurePay gateway are secured payments. • Payments are fully automated with an immediate response. • Your complete credit card number cannot be viewed by Brangayne Wines Pty Ltd or any outside party. • All transactions are performed under 128 Bit SSL Certificate. • All transaction data is encrypted for storage within SecurePay’s bank-grade data centre, further protecting your credit card data. • SecurePay is an authorised third party processor for all the major Australian banks. • SecurePay at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Brangayne Wines Pty Ltd. For more information about SecurePay and online credit card payments, please visit www.securepay.com.au

2- RIGHT TO ACCESS YOUR PERSONAL INFORMATION

Any person may seek access to personal information which the Company holds about that person and the Company will provide access to that information in accordance with the Act. There are certain exemptions which may apply to the provision of that information.  Further, we may require that the person requesting access provide suitable identification and, while there is no fee for requesting access to your personal information, we may charge you an administration fee for granting access to information. If you become aware that any personal information we hold about you is incorrect or incomplete or if you wish to update your information, please contact the Company. If you wish to access, correct or update personal information held by the Company, please contact the Company as described in section 7 of this Privacy Policy.

3- MANAGEMENT AND USE OF PERSONAL INFORMATION

3. 1. USE OF PERSONAL INFORMATION

The Company may use your personal information for the following purposes:

• with your consent, sending you information about the Company and its activities and  advertising and marketing materials;
• statistics, studies and analysis, marketing, and improvement of the Site, products and services of the Company;
• to perform the services you request, respond to queries and to book visits; and
• such other purposes as indicated to you at the time we collected your personal information or as otherwise permitted by the Act.

Mandatory information must be entered in the information fields marked with an asterisk in the data collection forms. If these fields are not completed, we may not be able to address your query or to provide the services requested.

3. 2. RETENTION OF PERSONAL INFORMATION

Your personal information will be retained for a period appropriate to the purposes for which it was collected and as otherwise might be required by law. After such period, your personal information will be either de-identified or permanently destroyed in accordance with the Act and the Company’s document retention policies.

3. 3. DISCLOSURE OF PERSONAL INFORMATION

The Company may disclose your personal information to its related companies located in Australia.  The Company may also disclose your personal information (including to entities located outside Australia):

• where you have given your prior consent to such communication to a third party, and/or,
• where the Company has to share such information with third parties in order to provide the products or service you have requested, or in order for the third parties to otherwise perform services for the Company (e.g. to provide website hosting and data storage services), and/or,
• where the Company is required or authorised to do so by law or a court order (this may also include disclosure to certain government bodies such as law enforcement authorities and other emergency services organisations) or to third parties that require the information for law enforcement purposes or to prevent a serious threat to public safety, and/or
• to companies that may use your personal information in order to tailor electronic advertising to you (e.g. on a webpage) in relation to our products and services, and/or
• to our accountants, insurers, lawyers, auditors and other professional advisors, and/or
• if we or our assets are acquired or considered for acquisition by a third party, that third party and its advisors, and/or
• otherwise as permitted or required by law.

Where we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with this Privacy Policy and the Act. If you post information to public parts of our Site or to our social media pages, you acknowledge that such information (including your personal information) may be available to be viewed by the public.  You should use discretion in deciding what information you upload to such sites.

There may be hyperlinks on the site to other web sites or locations that are operated and controlled by third parties (“Third Party Web site”). These Third-Party Web sites may use their own cookies, web beacons and other technology to independently collect information about you. In addition, these Third-Party Web sites may solicit Personal Information from you. We make no representations regarding the policies or business practices of such Third-Party Web sites and have no control over the type or use of the information that is collected by these Third Party Web site.

3. 4. OVERSEAS TRANSFER OF PERSONAL INFORMATION

The site is operated in Australia. If you are located in the European Union, the United States or elsewhere outside of Australia, please be aware that any information you provide to us will be transferred to Australia. By using any of the site or providing information to the Company, you fully understand and consent to the transfer, collection, storage and processing of the information in Australia. In addition, you fully understand and consent to the transfer, collection, storage and processing of the information outside of Australia by the Winery to service providers located outside of Australia.

3. 5. DATA SECURITY AND PRIVACY

The Company will take reasonable steps to safeguard the security and privacy of personal information held by it from misuse, interference and loss and from unauthorised access, modification or disclosure. However, the Company does not control each and every risk related to the use of the Internet and the Site, and therefore warns the Site users of the potential risks involved in the functioning and use of the Internet and the risk of unauthorised and fraudulent activities associated with the Internet.  Except to the extent liability cannot be excluded due to the operation of statute, the Company excludes all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or modification of your personal information.  Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights available to you under any applicable law.  Please notify us immediately if you become aware of any breach of security.

4- PASSIVE COLLECTION OF INFORMATION

In addition to the Personal Information that you actively provide to us, we or our third-party service providers may use a variety of technologies to automatically collect information about you when you use the site. This information may include Demographic Information, browser type, operating system, clickstream data, IP address, mobile device identifiers and other information.

The methods that we and our service providers may use to automatically collect such information include the following:

Cookies: Cookies are data files that are placed on a computer when it is used to visit a web site. These cookies may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the site. You may disable cookies using your browser’s preferences. However, some features of the site may not function properly or may operate slowly if you disable the cookies.

Web Beacons: We may include small graphic images called web beacons, also known as “Internet tags” or “clear gifs,” in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image inserted into a web page or e-mail can act as a web beacon. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to the site, to monitor how users navigate the site, to count how many e-mails that we sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the site. It is temporarily downloaded onto your computer from our web server or a third party we work with, is active only while you are connected to the site, and is deleted or deactivated thereafter.

Mobile Device Identifiers: Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if you access the site through mobile devices. Certain features of the site may require collection of mobile phone numbers and we may associate that phone number with the mobile device identifiers. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we and our third-party service providers may receive this information.

If we associate any such passively-collected information with Personal Information about you, we will treat the combined information as Personal Information.

5- CHANGES TO OUR PRIVACY POLICY

The Company may make changes to this Privacy Policy at any time and for any reason. At any time the latest version of our Privacy Policy is available from the Site. The Company may, but is not obliged to, inform you of such changes, via a special message on the Site, via email or via a customised notice, for example when we send you newsletters.

6- PERSONS UNDER LEGAL ALCOHOL CONSUMPTION AND PURCHASING AGE

Access to the Site is governed by Terms and Conditions. The Company does not permit persons who are under legal alcohol consumption age to use the Site and such persons must not fraudulently misstate their age to obtain access to the Site or in providing us with any personal information. Only those aged 18 years and over may access and use the Site.

7- CONTACT US

If you wish to access and update your personal information, or if you have any queries or complaints regarding the collection, use or disclosure of your personal information or if you believe we have not complied with this Privacy Policy or the Act, please contact us at: admin@brangayne.com.  When contacting us please provide as much detail as possible in relation to your question, comment or complaint. The Company will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving the issue in a timely and efficient manner.  We request that you cooperate with us during this process and provide us with any relevant information that we may need. If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner (click here for information).

Brangayne Newsletter:  By providing your contact details you subscribe to receive future special offers, promotions plus information about special events from Brangayne of Orange, and from our representatives, until such time as you request us to stop. Should you wish to opt out at any time, simply let us know by phone or email.  We will provide you with appropriate contact details every time we contact you. Your details remain yours and may only be shared with our representatives for the purposes of communicating Brangayne of Orange offers only. They will NOT be sold or rented to any other companies.