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Privacy Policy

Evershine Australia Trading Pty Ltd T/A Spirits of China ABN 87 104 375 546 and its (as defined in the Corporations Act 2001 (Cth))   (Spirits of China, we, our and us) is committed to responsible privacy practices and to complying with the Privacy Act 1988 (Cth) (the Privacy ACT).

This policy describes how we manage personal information including how we collect personal information, both offline and online (including through the website www.spiritsofchina.com.au (the Site)), the purposes for which we use this information, and to whom this information is disclosed.

Where applicable, we will rely on the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation.

What is personal information?

In this policy, “personal information” has the meaning set out in the Privacy Act.  Essentially, personal information is information or an opinion about an individual who is identified or reasonably identifiable.

Kinds of personal information we collect and hold

The kinds of personal information we collect and hold about you include:

  • your full name, phone number, e-mail address, postal address, demographic information, such as postcode and date of birth;
  • your credit card and debit card details;
  • information you provide us through customer surveys;
  • your preferences and opinions;
  • information about your access to and use of our Site;
  • details about products and services you have purchased from us including any enquiries in relation to our products and services and our responses to your enquiries;
  • if you are a contractor or a prospective employee, your employment history and educational qualifications; and
  • any other personal information requested by us or provided by you or a third party.

We may also collect other kinds of personal information as permitted or required by law.

Purposes for which we collect, hold, use and disclose personal information

The purposes for which we collect, hold, use and disclose personal information include the following:

  • to enable you to access and use our Site;
  • to contact and communicate with you;
  • for analytics and market research including to improve our Site and the services offered on our Site;
  • for direct marketing including to send you news, information about our activities and general promotional material which we believe may be useful to you;
  • to monitor who is accessing our Site or using services offered on the Site;
  • to profile the type of people accessing our Site;
  • to enable the delivery of products sold through the Site; and
  • to consider your employment application or a contracting position with us.

We may also use or disclose your personal information for other purposes to which you have consented or as otherwise permitted or required by law.

You can unsubscribe from our direct marketing by contacting us using the contact details below or following the instructions in a direct marketing communication.

To whom do we disclose personal information?

We may disclose your personal information to third parties in connection with the purposes described above.  We may also disclose your personal information between companies within the Handpicked Wines Group, including for the purpose of direct marketing.

This may include disclosing your personal information to the following types of third parties:

  • service providers who assist us with our activities, such as postal companies, couriers, website hosts, IT back-up service providers, and other IT or payment service providers;
  • our other contractors (including marketing agencies, insurance providers and professional advisers, IT consultants and Developers);
  • any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
  • in the unlikely event that Handpicked (or any companies in its group) or any of their assets may be acquired or considered for acquisition by a third party, that third party and its advisors;
  • third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
  • otherwise as permitted or required by law.

Where we disclose your personal information to third parties with whom we have a business relationship 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 the Privacy Act, for example by (where commercially practical) including suitable privacy and confidentiality clauses in our agreement with a third party service provider to whom we disclose your personal information.

To assist us in improving our products and services, we monitor aggregated data that is collected by our Site and may share this with third parties collectively and in an anonymous way.  This data will not reveal personal information.

How we collect personal information

We collect personal information in a number of ways. The most common ways we collect your personal information are:

  • via our Site or when you deal with us online (including through social media);
  • when you subscribe to our newsletters, register for or participate in our loyalty programs, fill out forms or surveys or enter into or participate in our promotions;
  • when you call us, write to us or visit us in-store;
  • from publicly available sources; and
  • from third parties (for example, from the person who ordered the products, if you are a recipient of any products purchased through the Site by a third party; or are accepting delivery or such products; or from referees, if you apply for a position as an employee or contractor with us).

We use “cookies” and similar tracking technology, such as web beacons on our Site, which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the Site.

A cookie does not identify you personally but it does identify your computer.  You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. If you do so, you can still access our Site, but it may impact your user experience of the Site.

Please note that we use the following third parties to process your personal information:

  • Microsoft Azure
  • Google Console
  • Google Analytics; and
  • Google AdWords

We recommend that you also review the privacy policies of the above entities to see how they manage personal information.

Storage and security

We will take reasonable steps to keep any personal information we hold about you secure and to protect it from unauthorised access, modification or disclosure and from misuse, interference and loss.

Among other techniques, we usually:

  • store information behind our "firewall" in a secure location; and
  • restrict the number of employees who can have access to such information.

However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information.  Nothing in this policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).  Please notify us immediately if you become aware of any breach of security.

Personal information no longer required

We will destroy or de-identify personal information which we no longer require for the purposes under which it was collected provided that there is no legal requirement for us to retain the personal information. 

How you may access personal information we hold about you and seek correction of it

You may seek access to personal information which Spirits of China holds about you by contacting us using the contact details below.  We will provide access to that information in accordance with the Privacy Act, subject to certain exemptions which may apply.  We may require that the person requesting access provides suitable identification and where permitted by law we may charge an administration fee for granting access to your personal information.

If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please contact us using the contact details below.

How you may complain about a privacy breach

If you have any questions, concerns or complaints about our collection, use or disclosure of personal information, or if you believe that we have not complied with this policy or the Privacy Act, please contact us using the contact details below.

We will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any 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.

Our contact details

You can contact us at:

Spirits of China Privacy Officer

PO Box 20732, World Square NSW 2002

Phone: (02) 9475 7888

Email: info@evershine.com.au

Changes to this policy

We may change this policy from time to time.  At any time, the latest version of this policy is available on our Site at www.spiritsofchina.com.au

This version of this policy is dated 29 December 2019.