1. We respect your privacy
1.1 The Heytesbury Group, which comprises the operations of Heytesbury Cattle Company Pty Ltd, Vasse Felix Pty Ltd, Heytesbury Thoroughbreds Pty Ltd and the corporate head office, being Heytesbury Pty Ltd, respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors.
1.2 We adhere to the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). This Privacy Policy sets out how we collect and treat your personal information.
1.3 To the extent applicable, we comply with our obligations set out under the EU General Data Protection Regulation (GDPR).
1.4 "Personal Information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, telephone number, age, customer reference or wine club identification number, or any other type of information that can identify an individual, either directly or indirectly.
1.5 This Privacy Policy relates to Personal Information we collect and handle about you as our customers (primarily of Vasse Felix Pty Ltd), visitors to our website, apps, social media and other digital services, and members of the public.
1.6 Any reference to “Vasse Felix”, “we”, “our”, or “us” means the business of Vasse Felix Pty Ltd (ABN 78 009 181 444) as part of the Heytesbury Group. Any reference to “you, or “your” means you as a user of our website located at www.vassefelix.com.au (the “Website”) and our associated products and services.
1.7 By using our Website, you consent to our collection, use, storage and disclosure of your Personal Information in accordance with this Privacy Policy. Our personnel and job applicants can contact our Human Resources Manager for details about the privacy of their Personal Information.
2. What Personal Information we collect
2.1 We obtain Personal Information from you through our business activities and the operation of our Website, provided to us directly or indirectly through the supply of our products and services or any associated social media platforms from which you permit us to collect Personal Information.
2.2 We ask you to provide Personal Information such as your name, age, gender, phone number, address and email address to enable us to provide you with our products and services, support services, mailings, sales and marketing actions, process your product or service order, provide updates and to meet our contractual obligations.
2.3 We collect your customer reference number, credit or debit card details, wine club number and any rewards and redemption details that are applicable to your membership of our wine club (“Vasse Felix Club”).
2.4 We collect Personal Information from you:
(a) when you fill out forms on our Website for promotional purposes and opt-in with your full name and email address to confirm your subscription to emails and updates from Vasse Felix and to the Vasse Felix Club;
(b) when you provide feedback or when you provide information about your personal or business affairs, change your content or email preference, respond to surveys or promotions, provide financial or credit card information, or communicate with our customer support team;
(c) when marketing to you, your Personal Information is only ever used or disclosed for the Heytesbury Group’s own purposes and with your consent. You may opt out of our direct marketing to you. Our direct marketing materials will tell you how to do this. We may de-identify your personal information. We may do this for use and disclosure or use of anonymous data to determine your preferences and shopping patterns.
3. How we use your Personal Information
3.1 Vasse Felix uses Personal Information only for the purposes that you consent to. This includes to:
(a) process transactions involving our business and through our Website when you have purchased our products or services;
(b) administer our business activities;
(c) provide you with information about our products and services and matters affecting your membership of the Vasse Felix Club;
(d) providing you with information, promotional materials and incentives included as part of your Vasse Felix Club membership benefits;
(e) update and maintain your records;
(f) communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS or mail;
(g) manage, research and develop our products and services including through data analytics to identify the ongoing needs of our customers; and
(h) investigate any complaints.
3.2 If you choose to withhold your Personal Information, it may not be possible for us to provide you with our products and services or for you to access certain parts of our Website and for us to respond to your query.
4. How we collect your Personal Information
4.1 Vasse Felix collects Personal Information from you in a variety of ways, including when you interact with us electronically or in person, when you access our Website and when we provide our products or services to you.
4.2 We will collect your Personal Information when you register with us to become a member of the Vasse Felix Club, when you give us Personal Information in person, via social media, through other means of online communication, or on the telephone, or through email or other correspondence.
4.3 We may also receive Personal Information from third parties. If we do, we will protect your Personal Information in accordance with this Privacy Policy. We may also use third parties to administer and deliver services and communications to members such as newsletters, weekly updates, online surveys and Vasse Felix Club member benefits by email, phone or mail.
5. Use of your Personal Information and legal basis for collection
5.1 If you are an individual residing in the European Union (EU), we collect and process Personal Information about you in accordance with the GDPR.
5.2 When we collect or process your Personal Information, we do so as either a ‘processor’ or a ‘controller’ as defined in the GDPR. In some instances, Vasse Felix may be a controller and a processor.
5.3 The legal basis for which we collect your Personal Information depends on the products and services you use and how you use them. Vasse Felix will only collect and use your Personal Information when you give us your express consent to use and process your Personal Information for a specific purpose, or for the satisfaction of a legitimate interest or contractual commitment, or to comply with a legal obligation.
5.4 When we collect your Personal Information, we only collect what is necessary for the purpose to which the Personal Information is being collected.
5.5 If you reside in the EU, we will only share your Personal Information to third-party service providers where you have given us your express consent, and only for the purposes described in this Privacy Policy.
5.6 Where we employ data processors to process Personal Information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect Personal Information against unauthorised use, loss and theft.
5.7 We only store your personal data while it remains necessary, or if the purpose of the processing could not reasonably be fulfilled by other means.
5.8 We do not knowingly collect or process Personal Information of persons 13 years or younger. If you are under the age of 16, we request that you obtain and provide parental consent as required by the GDPR.
6. Disclosure of your Personal Information and Third Parties with access to it
6.1 We will only share your Personal Information where you have given us your consent, and only for the purposes described in this Privacy Policy.
6.2 We may disclose your Personal Information to any of our employees, the Heytesbury Group, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy.
6.3 We may share your Personal Information with third-party service providers to help us supply our products and services to you and to give you access to and use of our payment gateway provider.
6.4 When we disclose your data to third-party service providers, we do so on the basis that your data is treated with confidence, and only used for the limited purpose of supplying our products and services or Website support, and in a manner consistent with this Privacy Policy.
6.5 We may from time to time collect information from you that will be stored or processed or transferred (between parties) including electronically in Australia or in countries outside of Australia by our selected data processors. We only employ data processors that are compliant with the GDPR requirements and that have sufficient security measures in place to protect and safeguard your data.
6.6 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any Personal Information and non-Personal Information contained in those databases.
7. International Data Transfers
7.1 We may store, process and transfer your data, including your Personal Information in countries other than the country you live in. Data transfer may occur in and between countries outside of Australia which may include but are not limited to the United States and Europe. We do this:
(a) where we have made a business decision to store our data with a trusted service provider who is in the business of providing data storage and processing services. Examples are those providers who store and process our email and mobile application data. These services commonly involve diverse geographic locations which change from time to time for reasons which include data protection and processing efficiency,
(b) when our business which collected your personal information is in a different country to your location.
7.2 Where we disclose Personal Information to a third party in another country, we put safeguards in place to protect your Personal Information. We observe strict privacy and security standards, both during transit of your data and at the overseas transit destination.
7.3 You may not have the same rights to protect your data in these countries as you do in Australia. Where your data has been transferred to a country abroad, it will be treated in accordance with the purposes described in this Privacy Statement.
7.4 For individuals in the European Economic Area (EEA), your data will be stored and processed in Australia, which provides an adequate level of data protection. This means that your personal data will be transferred from the EEA to Australia.
7.5 If your personal data is transferred from the EEA to a country or international organisation outside of Australia, we will ensure that we have approved transfer mechanisms in place to protect your Personal Information adequately (for example, by entering the European Commission’s Standard Contractual Clauses for data protection for data that is transferred internationally or ensuring the entity is Privacy Shield certified for data transfer to third parties based in the United States).
8. Security of your Personal Information
8.1 Vasse Felix is committed to ensuring that the Personal Information you provide to us is secure.
8.2 To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
8.3 You should be aware of security risks in that transmissions to and from this Website may be intercepted and modified by third parties.
9. Access to your Personal Information
9.1 You may request details of Personal Information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the contact details provided below.
9.2 We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
9.3 Special rights of individuals residing in the EU
If you are an individual residing in the EU, you may at any time contact us using the contact details provided below to exercise your rights in relation to your Personal Information. This includes:
(a) right to be informed about how and why your Personal Information is collected or processed;
(b) right to access your Personal Information, including the legal basis for which your Personal Information is collected or processed;
(c) right to rectify your Personal Information where it is inaccurate or incomplete;
(d) right to erasure where there is no longer a valid reason for the continued processing or storage of your Personal Information;
(e) right to data portability provided in a commonly used, machine-readable format, and sent to another controller if requested;
(f) right to object to data processing based on a legitimate or public interest, or for the purposes of direct marketing (including profiling) or scientific and historical research and statistics;
(g) right to object to automated processing and request human intervention.
We will respond to any requests by an individual exercising their rights within fourteen (14) days.
10. Our Website
10.1 When you visit our Website, we may collect certain information such as browser type, operating system, and the website that you visited immediately before coming to our Website. This information is used in an aggregated manner to analyse how people use our Website and for statistical purposes.
10.2 We may from time to time use cookies on our Website to analyse website traffic. Cookies may also be used to serve relevant ads to Website visitors through third party services such as Google AdWords.
10.3 Our Website may from time to time have links to third-party websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute our sponsorship or endorsement or approval of these websites which you use at your own risk.
11. Intellectual Property Rights
11.1 Intellectual property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.
11.2 Trademarks used on this site to describe companies and their products are trademarks of those companies or the registered proprietor of the relevant trademark and may not be copied, downloaded, reproduced, modified, or distributed in any way (except as an integral part of an authorised copy of material appearing at this site) without prior written permission.
11.3 We retain all right, title and interest in and to the copyright material on this Website and delivered under our products and services.
12. Disclaimer and No Liability
12.1 The use of this Website is at your own risk. We will take all reasonable steps to keep your Personal Information secure but to the maximum extent permitted by law, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your Personal Information.
12.2 You and your organisation agree to indemnify and hold harmless Vasse Felix and the Heytesbury Group from and against any loss, damage, cost, expense, claim proceeding or liability of any kind that Vasse Felix and the Heytesbury Group may incur to any third party that arises directly or indirectly from your unauthorised use of this Website and your activities in connection with this Website.
12.3 All information provided on the Website is for your information purposes only. We make no representations of any kind about the information provided on the Website to the extent permitted by law. This exclusion includes without limitation:
(a) the completeness, truth, suitability, quality or accuracy of the information published on our Website (including third-party material and advertisements);
(b) that the information on the Website is up to date; or
(c) any product or service on the Website will remain available.
You accept that we take no responsibility for any error or omission relating to the information contained on this Website.
12.4 No warranty or guarantee of a cure is expressed or implied with any information on this Website. Vasse Felix does not make any representations regarding the use or the results obtained with the information. In no event shall Vasse Felix, its employees or associates be liable to any person or individual for any loss or damage whatsoever which may arise from the use of this Website or any of the information available at this Website. Vasse Felix does not take any responsibility for the information contained in this site and any information provided on the Website is to be used at your own discretion.
13. Complaints about privacy
13.1 If you have any complaints about our privacy practices, please feel free to send in details of your complaints to our Company Secretary using the contact details provided below. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
13.2 We may ask you to put your complaint in writing and you may discuss it with our personnel and our service providers and others as appropriate.
13.3 Our Company Secretary will investigate the matter and attempt to resolve it in a timely way. Our Company Secretary will inform you in writing about the outcome of the investigation.
13.4 If our Company Secretary does not resolve your complaint to your satisfaction and no other complaint resolution procedures are agreed or required by law, our Company Secretary will inform you that your complaint may be referred to the Privacy Commissioner for further investigation and will provide you with the Commissioner's contact details.
14. Changes to Privacy Policy
Please be aware that we may change this Privacy Policy in the future. We may modify this Privacy Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our Website or notice board. Please check back from time to time to review our current Privacy Policy.
15. Contact
If you have any questions relating to this Privacy Policy or wish to access Personal Information we hold, or you need to correct your Personal Information, please contact us at:
Company Secretary
Heytesbury Group
PO Box 7255
CLOISTERS SQUARE WA 6850
Email: [email protected]
Phone: 08 6217 2600
© 2018 Vasse Felix Pty Ltd. All Rights Reserved.
Privacy Policy last updated 11 June 2018.