Privacy and Cookies Policy

Accolade Wines has a commitment to privacy in accordance with the privacy laws applicable in the countries in which we operate and is committed to protecting and maintaining your privacy.

We understand that when interacting with us the privacy and confidentiality of your personal information is important to you. That is why we are committed to safeguarding your personal information.

1.0 Purpose of this Policy

This Privacy Policy describes the types of personal information we may collect and how we use, hold and disclose this personal information. This Privacy Policy also sets out how you can contact us to access or correct your personal information or make a complaint. By providing personal information to us, you accept and consent to our collection, storage, use and disclosure of your personal information in accordance with this Policy.

Section 12 of this Policy details how to contact us in relation to privacy requests, inquiries or complaints.

2.0 Definitions and Interpretation

For the purposes of this Privacy Policy, “personal information” is defined as any information or an opinion relating to an individual which can be used to identify that individual.

This Privacy Policy includes examples but is not intended to be restricted in its application to such examples. Accordingly, where the word ‘include’ or ‘including’ is used, it will mean ‘include/including without limitation’.

3.0 How is personal information collected?

Accolade Wines collects personal information necessary for its functions and activities. The types of personal information Accolade Wines collects will vary depending on the nature of your dealings with Accolade Wines. Generally, the types of personal information we collect and hold may include your name, contact information, employment details, financial and tax related information and any other information provided to Accolade Wines.

We may collect personal information in a number of ways, including:

• • directly from you, including through our websites, by telephone, through written correspondence and in person if you visit our cellar doors or wineries;
  • from credit reporting 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 and use of our websites. More information about cookies and privacy can be found in Annexure A “Cookies”.

4.0 How we use personal information

Except where your consent has been provided, Accolade Wines will only use personal information for the primary purpose for which we collected it (or a purpose related to it), where required or permitted by law, or where you have consented to such use or disclosure.

The main purposes for which we may use or disclose personal information include:

• • to provide products and services requested by you and to manage those services, including to enable customer service, delivery and billing;
  • evaluating and monitoring credit worthiness;
  • meeting legal and regulatory requirements;
  • to directly promote and market products, news, promotions and other services to you where we have your express or implied consent. If you do not wish to receive news, offers and promotions, we will not contact you about these once you have advised us as such; and
  • improve our websites.

We may expressly communicate to you the primary purpose for which your personal information is collected, or it may be clear from the nature of our dealings with you.

If you receive electronic communications from us, we will provide you with an opportunity to unsubscribe from receiving further information from us.

5.0 Our disclosure of personal information

Except as set out in this Privacy Policy, Accolade Wines will not disclose personal information outside of Accolade Wines. Accolade Wines will only disclose personal information to third parties where it is necessary or compulsory to do so.

The primary instances where Accolade Wines may disclose personal information to third parties include:

• • to external advisors and service providers including advertising and credit reporting agencies, so they can provide the services we have contracted to them;
  • to law enforcement bodies, in order to comply with the law or to protect the rights, property or safety of the public or Accolade Wines;
  • if Accolade Wines sells or transfers a brand, personal data held by it about or in connection with that brand may be disclosed to the third party acquirer of the brand; and
  • if Accolade Wines or substantially all of its assets are acquired by a third party, personal data held by it about its customers may be disclosed as one of the transferred assets.

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.

Knappstein Cellar One Customers: On 22 November 2019, we sold the Knappstein wine brand and associated assets to Australia Yinmore Wines Pty Ltd (“Yinmore”). If you have:

• • purchased Knappstein branded wine products from our Cellar One online wine store (https://www.cellarone.com.au/) between 22 November 2019 and 21 November 2020; and
  • expressly opted in to receiving ongoing communications from Yinmore,

we will disclose your personal information to Yinmore for the purposes of Yinmore or its nominees conducting the ongoing supply and marketing of Knappstein branded wine products, other wine products and related services.

6.0 How is my personal information stored and kept secure?

Accolade Wines takes reasonable steps to keep the personal information we hold secure from unauthorised access, modification, loss and interference. Accolade Wines has 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.

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 Accolade Wines over the internet.

Additionally, we ensure that we only disclose your personal information to third parties where it is necessary or compulsory to do so, and we impose strict security requirements on all such third parties regarding how they hold and deal with personal information.

7.0 International use

Accolade Wines operates as a global business, and has 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 operating outside of the country in which the information was collected or for one of our suppliers or agencies.

Accolade Wines may disclose or transfer your personal information where necessary to companies which are “related bodies corporate” or “ultimate holding companies” or “subsidiaries”.

Accolade will take reasonable steps to ensure that an international entity is bound by privacy obligations equivalent to the European Union’s GDPR laws and Australian privacy laws, before we disclose or transfer your personal information to it.

By submitting your personal information, you agree to this transfer, storing or processing. We will take reasonable steps to ensure that your personal information is treated securely and in accordance with this Privacy Policy.

8.0 Accuracy of my personal information

We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. However, Accolade Wines will assume that anyof the personal information provided by you is up to date and complete at the time it is provided. Accolade Wines does not undertake to check or verify the accuracy of personal information provided.

9.0 How do I access and correct my personal information

If you wish to access or update your personal information held by Accolade Wines, you need to contact our Privacy Officer or Data Protection Manager.

Please see our contact details in section 12 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 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. 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 data or by contacting us at [email protected].

10.0 How do I make a complaint?

A complaint regarding Accolade’s compliance with privacy obligations relating to your personal information must be submitted in writing to Accolade Wines Privacy Officer or Data Protection Manager. Please see our contact details in section 12 of this Policy.

Accolade Wines’ Privacy Officer or Data Protection Manager will handle your compliant in an appropriate and reasonable manner. Where necessary, Accolade 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, in the case of information provided to Accolade Wines in Australia, the Office of the Australian Information Commissioner.

11.0 Policy variations

From time to time, our information handling processes will be reviewed and updated, and we will update this Privacy Policy accordingly. Accolade Wines will notify you of any updates to this Privacy Policy by posting an updated version on our websites and such updates will become effective immediately upon posting.

12.0 How to contact us

For all regions other than UK and EU, if you wish to access or correct your personal information held by Accolade Wines, or to complain about a possible breach of privacy, enquiries should be directed to the Privacy Officer as follows:

BY EMAIL: [email protected]

BY POST:

Accolade Wines Australia Limited

Reynell Road, Reynella SA 5161, Australia

Facsimile: 08 8392 2122

If you no longer wish to receive promotions or other direct marketing communications from Accolade Wines, 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 via clicking this link.

13.0 International operations

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 ‘Accolade Wines’ is a reference to Accolade Wines Australia Limited, Accolade Wines Limited and Accolade Wines North America, Inc. (including all related bodies corporate and subsidiaries, and each of the brands owned by those companies).

Australia

Accolade Wines 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”).

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

Accolade Wines 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 Accolade Wines 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.

Annexure A – Cookies and Accolade Wines sites

Accolade Wines, uses standard technology called cookies on its websites. Cookies help Accolade provide you with a good experience when you browse our website, allows us to improve our site 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:

• • Strictly necessary 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.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie Name/Title	Purpose	More Information
Analytify	This cookie enables us to:(a)   Estimate our audience size and usage pattern. (b)   Store information about your preferences, and so allow us to customise our site and to provide you with offers that are targeted to your individual interests.	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.

Please note that the following third parties may also use cookies, over which we have no control. These named 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:

Analytify

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

If you register with us or if you continue to use our site, you agree to our use of cookies. You can disable cookies by turning them off in your browser, however some areas of the website may not function properly if you do so. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit our site. For more information on cookies and how to use them or block them visit www.allaboutcookies.org.