PRIVACY POLICY

This privacy policy applies between you, the User of this Website, and The Australian Whisky Company Ltd, the owner and provider of this Website. The Australian Whisky Company Ltd takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

Please read this privacy policy carefully.

Definitions and interpretation

  1. In this privacy policy, the following definitions are used:

Data

collectively all information that you submit to The Australian Whisky Company Ltd via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

Cookies

a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);

Data Protection Laws

any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing and supplementary laws, regulations and secondary legislation;

GDPR

the UK General Data Protection Regulation;

The Australian Whisky Company Ltd,

we or us

The Australian Whisky Company Ltd, a company incorporated in England and Wales with registered number 13361116 whose registered office is at 27 castle meadow, norwich, Norfolk, NR1 3DS;

UK and EU

Cookie Law

the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018;

User or

you

any third party that accesses the Website and is not either (i) employed by The Australian Whisky Company Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to The Australian Whisky Company Ltd and accessing the Website in connection with the provision of such services; and

Website

the website that you are currently using, www.macinneswhisky.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
  1. In this privacy policy, unless the context requires a different interpretation: the singular includes the plural and vice versa;

references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;

a reference to a person includes firms, companies, government entities, trusts and partnerships; “including” is understood to mean “including without limitation”;

reference to any statutory provision includes any modification or amendment of it; the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

  1. This privacy policy applies only to theactions ofThe AustralianWhisky Company Ltdand Userswithrespect to this Website. It does not extend to any websitesthat can be accessed from this Website including, but not limited to, any links wemay provide to socialmedia websites.
  2. Forpurposes of the applicableDataProtectionLaws,The AustralianWhisky Company Ltdis the “datacontroller”. This means thatThe AustralianWhisky Company Ltddetermines the purposes for which,and the manner in which,your Datais processed.

Data collected

  1. We may collect the following Data, which includes personal Data, from you:
  1. name;
  2. contact Information such as email addresses and telephone numbers;

in each case, in accordance with this privacy policy.

How we collect Data

6.      We collect Data in the following ways:

  1. data is given to us by you; and
  2. data is collected automatically.

Data that is given to us by you

7.      The Australian Whisky Company Ltd will collect your Data in a number of ways, for example:

  1. when you contact us through the Website, by telephone, post, e-mail or through any other means;
  2. when you elect to receive marketing communications from us;

in each case, in accordance with this privacy policy.

Data that is collected automatically

8.      To the extent that you access the Website, we will collect your Data automatically, for example:

  1. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
  2. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.

Our use of Data

9.      Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

a. transmission by email of marketing materials that may be of interest to you;

in each case, in accordance with this privacy policy.

  1. We may use your Datafor the above purposesif wedeem it necessary to do sofor our legitimate interests. If you are not satisfiedwiththis, you have the right to object in certain circumstances (see the sectionheaded “Yourrights” below).
  2. For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in:
  1. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
  2. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.
  3. if you are not satisfied with our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.
  1. We may use yourDatato showyouThe AustralianWhisky Company Ltdadverts and other content on other websites.If you do not wantus to use your data to showyouThe AustralianWhisky Company Ltdadverts and other content on other websites,please turn off the relevant cookies (please refer to the sectionheaded “Cookies”below).

Who we share Data with

  1. We may share your Data with the following groups of people for the following reasons:

a. our employees, agents and/or professional advisors – to obtain advice from professional advisers;

in each case, in accordance with this privacy policy.

Keeping Data secure

14. We will use technical and organisational measures to safeguard your Data, for example:

  1. access to your account is controlled by a password and a user name that is unique to you.
  2. we store your Data on secure servers.
  1. Technical and organisational measures include measuresto deal withany suspecteddata breach. If you suspectany misuse or loss or unauthorised access to your Data,please let us know immediately by contacting us via this e-mail address: sales@macinneswhisky.com.
  2. If you wantdetailedinformation from GetSafeOnlineon how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

  1. Unlessa longer retention period is required or permitted by law,wewillonly hold your Dataon our systemsfor the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Databe deleted.
  2. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

  1. You have the following rights in relation to your Data:
  1. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
  2. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
  1. Right to erase – the right to request that we delete or remove your Data from our systems.
  2. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
  3. Right to data portability – the right to request that we move, copy or transfer your Data.
  4. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
  1. To make enquiries, exercise any ofyour rights setout above, or withdrawyour consent to the processing of your Data(where consent is our legal basis for processing your Data),please contact us via this e-mail address: sales@macinneswhisky.com.
  2. If you are not satisfiedwiththe waya complaint you make in relation to your Datais handled by us, you may be able to refer your complaint to the relevant data protection authority. Forthe UK,this is the Information Commissioner’s Office(ICO). The ICO’s contact details can be found on their websiteat https://ico.org.uk/.
  3. It is important that the Datawehold about you is accurate and current.Pleasekeep us informed if your Datachanges during the period for whichwehold it.

Links to other websites

  1. This Website may, from timeto time, provide links to other websites.We have no control over suchwebsitesand are not responsible for the content of these websites.This privacy policy does not extend to your use of suchwebsites.Youare advised to read the privacy policy or statementof other websitesprior to using them.

Changes of business ownership and control

  1. The AustralianWhisky CompanyLtdmay, from time to time, expand or reduce our business and this may involve the saleand/or the transfer of control of all or part ofThe AustralianWhisky Company Ltd. Dataprovided by Userswill,whereit is relevant to any part of our business sotransferred, be transferred along withthat part and the new owner or newly controlling party will,under the terms of this privacy policy, be permitted to use the Datafor the purposes for whichit wasoriginally suppliedto us.
  2. We may also disclose Data to a prospective purchaser of our business or any part of it.
  3. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies

27. This Website may place and access certain Cookies on your computer.

The Australian Whisky Company Ltd uses

Cookies to improve your experience of using the Website and to improve our range of services. The Australian Whisky Company Ltd has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

  1. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
  2. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling The Australian Whisky Company Ltd to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
  3. This Website may place the following Cookies:

Type of Cookie

Purpose

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. We may also share this information with third parties for this purpose.
  1. You can find a list of Cookies that we use in the Cookies Schedule.
  2. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
  3. You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
  4. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
  5. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

  1. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
  2. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
  3. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  4. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

40. The Australian Whisky Company Ltd reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact The Australian Whisky Company Ltd by email at sales@macinneswhisky.com.

Attribution

41. This privacy policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).

16 September 2021