PRIVACY POLICY

Effective Date: 13 August 2019

GENERAL

Otago Viticulture and Oenology Limited (company number 1544974) trading as Brennan Wines (Brennan Wines, we, us, our) is committed to respecting the privacy and security of your Personal Information. There are various ways that you might interact with Brennan Wines, and the information that you share with Brennan Wines when doing so allows us to provide you with the best experience with our products and services.

This Privacy Policy applies to Brennan Wines and covers our data processing activities as an "agency" (under the Privacy Act 1993 of New Zealand) and/or "controller" (under the EU General Data Protection Regulation (GDPR)), as applicable. When this policy refers to our "processing" your Personal Information, it covers all activities relating to our use of that Personal Information, from its collection through to its storage and disposal and everything in between.

This website, our related websites and any mobile site or mobile application that link to this Privacy Policy (collectively the Website) are owned and operated by Brennan Wines with its registered office and principal place of business at 86 Gibbston Back Road, RD 1, Queenstown, 9371, New Zealand.

In this Privacy Policy, Personal Information means any information about or relating to an identified or identifiable natural person. This includes any information relating to you or a combination of information which, if put together, means that you can be identified.

 

LEGAL BASIS FOR PROCESSING

We take protecting your privacy seriously, and we recognise we have a duty of care to the people whose data we hold. Our Personal Information will only be collected, held, used and disclosed in accordance with this Privacy Policy and all applicable privacy law.

We have structured the Website so that, in general, you can visit the Website without identifying or revealing any Personal Information. Accordingly you do not have to provide Personal Information to access the Website, but if you do not supply certain information then you will not be able to access some of the facilities on the Website (such as ordering our products online). Furthermore, where you do not provide Personal Information which is required by us, we will not be able to provide the products or services under our contract with you or may not be able to comply with a legal obligation on us. For example, when purchasing wines from the Website we will require information such as your name, delivery address, billing address and payment information. If you fail to provide this information to us we will be unable to sell our wines to you.

We encourage you to read this Privacy Policy carefully when using the Website and/or any of our associated services. By using the Website, you agree to the terms of this Privacy Policy and consent to our processing of your Personal Information in accordance with this Privacy Policy and all applicable privacy law. Please note that you may withdraw your consent at any time. You will not suffer any detriment for withdrawing your consent. If you withdraw your consent, this will not make processing which we undertook before you withdrew your consent unlawful. You can withdraw your consent by contacting our Privacy Officer (details are provided at the end of this Privacy Policy).

 

COLLECTION OF YOUR PERSONAL INFORMATION

Information you provide to us

We collect and store Personal Information that you submit when using the Website or which you provide to us in some other manner. This may include information such as your name, addresses (residential, delivery or billing), email addresses, telephone numbers and/or payment account information as well as any additional information you provide to us through use of our Website and telephone number.

This information is collected in a number of ways including by filling in any of the online forms available on the Website. We also collect information when you choose to submit questions to us, subscribe to join our mail list, adjust your account settings, preferences and so on.

If you choose to provide us with Personal Information via this Website or otherwise, this information will be collected and held by us and our third party service providers as identified in this Privacy Policy.

Where you provide us information about a third party, you must have the consent of that third party before providing us with that information. By providing us with information regarding a third party you warrant that you have their permission to provide that information to us.

Information collected automatically

To make the Website more useful to you, our servers (which may be hosted by a third party service provider) may collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

Furthermore, in order for you to access certain functionality of our Website, a cookie or cookies may need to be installed on your computer. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

Most internet browsers give you the option to reject all cookies, accept all cookies, erase cookies stored on your computer or be notified before a cookie is stored on your computer. However, if you reject or erase the cookies referred to above some Website features or services will not function properly or may not be fully available. Please refer to your internet browser instructions if you want to find out more about rejecting or erasing cookies.

Use of your Personal Information

If you choose to provide us with Personal Information via this Website or otherwise, this information will only be used or disclosed for certain purposes which include the following (each a Permitted Purpose):

• to ensure our products and services are delivered to you and to provide offers, information and our services to you;
• to improve and enhance our services and the design and style of the Website;
• to monitor and/or keep records of our e-mail communications and other correspondence with you. If you send us correspondence that contains Personal Information, we may use that Personal Information to address the nature and purposes of the correspondence;
• to provide you with customer service, and to address any complaints you may have;
• to analyse the use of the Website to ensure that content from the Website is presented in the most effective manner for you and for your computer;
• if you opt-in to receive information about our products, services or promotional offers and/or newsletters from us, we may use such Personal Information to contact you by email and/or post with the information you have opted-in to receive;
• in order to prevent illegal activity that threatens our computer systems or networks
• in order to comply with any applicable laws and/or regulations; and
• to send you service messages about your orders, subscription or account registration, for example if you have clicked a password reset link. This could be by email, by an overlay on the Website or by a push notification.

How long will Brennan Wines keep your Personal Information?

Your Personal Information will not be kept for longer than is necessary to fulfil the Permitted Purposes outlined in this Privacy Policy and to allow us to comply with our legal obligations. Any of your Personal Information will be deleted after this period and any data we hold onto thereafter will be anonymous and used to analyse general market and website trends but without any identifiable personal information.

Disclosure of your Personal Information

We will not disclose Personal Information to third parties except as described in this Privacy Policy or as otherwise permitted under the Privacy Act (or the GDPR, as applicable), unless we have your consent to do so or such disclosure is required by law.

Where we do disclose your Personal Information to third parties, we do so for a Permitted Purpose only and will use reasonable efforts to make those parties aware of the terms of this Privacy Policy.

Third party service providers

We may share your Personal Information with certain service providers who provide services for us. The types of third parties we may share elements of your Personal Information with include:

• payment processors engaged by us to securely store or handle payments information, such as credit or debit card details, required for facilitating purchases of Brennan Wines products;
• providers of email management and distribution tools – for example, if you subscribe to join our mail list we will manage the delivery of these to you using a third party email distribution tool;
• logistics management and courier services – for example, when you order wines from the Website we provide your delivery details to third party postal / courier services providers;
• website hosting companies – the Website and our customer management software is hosted and maintained on servers operated by a third party services provider.

These service providers may be granted access to some or all of the Personal Information you provide or we collect, but shall be restricted from using the Personal Information you provide other than as is reasonably necessary to perform their services for us. So far as we are aware, all third parties to whom we disclose Personal Information are located within New Zealand. You may request more information about the safeguards that we have put in place in respect of transfers of Personal Information to jurisdictions outside of New Zealand by contacting our data privacy officer.

We may also use service providers to assist us in aggregating and anonymising such information, so that it does not include any information from which any individual can be identified. We do not consider such aggregated and anonymised information to be Personal Information, and its use is not subject to this Privacy Policy.

If our company is acquired or merged with another company, your Personal Information may be transferred to the new owners so that we may continue to sell products and services to you.

Your legal rights and choices in connection with your Personal Information

Under certain circumstances, by law you have certain rights in connection with your Personal Information, including rights to:

• Request access to your Personal Information – this enables you to receive a copy of your Personal Information and to check that we are lawfully processing it;
• Request correction of your Personal Information – this enables you to ask us to correct any incomplete or inaccurate information we hold about you; and
• Request erasure of your Personal Information – this enables you to ask us to delete or remove your Personal Information where there is no good reason for us to continue to process it or where you have exercised your right to object to processing.

If you wish to exercise any of the rights described above, please contact our Privacy Officer (details below).

Please note that, if you are located in New Zealand, there are some statutory exceptions (contained in Part 4 of the Privacy Act) where your request for access to your Personal Information may be denied, including where:

• Providing access may have an unreasonable impact on the privacy of other individuals;
• Providing access would be unlawful or would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body;
• We have reason to suspect that unlawful activity, or misconduct of a serious nature, relating to our functions or activities has been, is being or may be engaged in; and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
• We reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
• The request for access is frivolous or vexatious; or
• Where we are otherwise permitted by the Privacy Act to do so.

To request access and seek the correction of, personal information held by us, please contact our Privacy Officer (details below).

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. The latest effective date will be highlighted at the top of the first page of the Privacy Policy.

We will update this Privacy Policy when necessary to reflect customer feedback, changes in our goods or services or legal changes. When we post changes to this Privacy Policy, we will revise the "Effective Date" at the top of the Privacy Policy. Where the changes are material, we will notify you either by prominently posting a notice of those changes on the Website before they take effect or by directly sending you a notification. In either case, we will describe the changes in the "Change History" page.

Your use of the Website following any changes to our Privacy Policy constitutes acceptance of this Privacy Policy as amended. We therefore advise you to regularly review the policy when you visit the Website.

PRIVACY OFFICER

Our Privacy Officer may be contacted by email at info@brennanwines.com

If you would like any further information about our handling of personal information or to make a complaint about something you believe breaches the Privacy Act (or, as applicable, the GDPR), please lodge a written complaint addressed to our Privacy Officer using the email address above. Once we receive your complaint, we will respond to your complaint within a reasonable period of time, usually within 20 working days (or, for customers in the EEA, in any event in accordance with any applicable requirements of the GDPR).

If you are unsatisfied with the handling of your complaint, you may contact us further at info@brennanwines.com to advise us of your concerns and, if we are unable to reach a satisfactory resolution, you may wish to take your complaint to the Office of the Privacy Commissioner in New Zealand (or your local data protection authority, if you are located in the EEA) for a review of your complaint.

Please note that we may keep a record of your communications to help us resolve any issues which you raise.