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Privacy Policy

PRIVACY POLICY

[yellow tail] is the trading name for Casella Wines Pty Limited, a company incorporated in Australia (ABN 96 060 745 315) (“Casella”, “our”, “us”, “we”). We are a wine company offering a wide range of Australian wines, and we take your privacy and the protection of your personal information seriously. This Privacy Policy (the “Policy”) describes our data protection practices, the types of Personal Information we may receive or collect from you and of how we use, disclose, store and secure it. By doing so, you will be able to make wise and informed choices.

This Policy applies to the [yellow tail] wine website, available at www.yellowtailwine.com/ca (our “Website”). However, we wish to draw your attention to the fact that the rights and obligations described in this Policy do not cover third-party websites that may be linked to or mentioned on our website. These third-party websites have their own privacy policies, and we encourage you to read them carefully.

1) PERSONAL INFORMATION

For the purpose of this Policy, “Personal Information” means any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. In general, Personal Information does not include business contact information, such as your name, title, or business contact information.

2) WHAT PERSONAL INFORMATION DO WE COLLECT?

The Personal Information that we collect may include, but is not limited to:

  • Your contact information such as a name, email address or telephone number, in order to identify and correspond with you;
  • Your demographic information, such as your age status and date of birth;
  • Marketing information and communication preferences, such as comments or survey responses;
  • Any other Personal Information that you have provided to us.

3) HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

Directly from you: 

Generally, we will collect the Personal Information that we need directly from you, for example when you use the Website, when you fill online forms, or when you communicate with us. We may also collect information relating to your use of the Website including technical information about your visits, the average length of a visit, the action carried out on the Website or any other information collected through Cookies. For more information in this regard, we invite you to read this Section

With your consent:

We generally collect your Personal Information with your consent, unless applicable law provides an exception to this principle (for example, to comply with our legal obligations, when necessary to establish, exercise or defend a legal claim or proceeding).

Refusal of collection and withdrawal of your consent:

You have the right, if you so choose, to refuse the processing of your Personal Information. You may also, at any time, and subject to reasonable notice and applicable legal or contractual restrictions, withdraw your consent (if any) to the processing of your Personal Information in our possession by contacting us. You should be aware, however, that if you choose not to provide us with your Personal Information, this may prevent you, for example, from using the Website, as this information is essential to such use. You may contact us, as set forth in the Section “How to contact us?”, to address any issue thereof.

4) WHY DO WE COLLECT YOUR PERSONAL INFORMATION?

For specific and limited purposes: 

Casella generally collects your Personal Information to:

  • Establish and manage our relationship with you;
  • Provide and maintain the services requested, namely the access to the Website, the provision of information about our products and services, and the location of nearby stores;
  • Perform research and development projects, including for statistical purposes;
  • Improve the Website and your customer experience;
  • Respond to your requests for information;
  • Respond to your support requests;
  • Enable business development and marketing, including informing our current and future customers about our new offerings, with the prior consent of the individual concerned.

(collectively, the “Purposes”).

To send you messages:

If you have consented to receive such information, Casella may send you newsletters, electronic messages such as emails, text messages, news, updates, contests, special offers and/or other written communications (“Messages”) about Casella’s services and/or the products and/or services of its partners. You may opt-out of receiving Messages in the manner indicated in the “Contact Us” section or through the unsubscribe link included in the Messages. However, Casella may continue to send you Messages to inform you of available upgrades or critical technical issues related to the Website and the products you have requested or purchased, or to provide you with important account information (if any).

For Secondary Purposes:

Depending on the circumstances, Casella may also aggregate and anonymize Personal Information that you have provided to create statistical data which Casella may use for secondary purposes, such as for market research, and demographic studies to improve the Website and our products, examine trends and interests or train machine learning algorithms. Such statistical data does not include any Personal Information.

5) HOW DO WE SHARE AND DISCLOSE YOUR PERSONAL INFORMATION?

Casella does not rent nor sell any of your Personal Information to third parties and will not share it with third parties without your consent unless it is necessary to do so by law or for the Purposes as set forth below.

With our employees:

In the course of their work, employees may need to access your Personal Information, for example, when you contact us or request support. Their access is limited to what is necessary to perform their duties.

With Our Strategic Partners:

Casella may share your Personal Information with its partners to facilitate its business, such as developers, payment processors and hosting services providers. Our service providers may have access to your Personal Information for a limited time in connection with these business activities. Where Casella utilizes third parties for the processing of any Personal Information, Casella strives to implement commercially reasonable contractual and technical protections in order for such third parties to keep all Personal Information they process strictly confidential. Please note that these third parties may be located elsewhere than your location in which case, commercially reasonable measures are taken by Casella as set forth below in the Section “Where is your Personal Information stored and transferred?”.

When Required by Applicable Laws 

We may also share your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (i) conform with the law; (ii) comply with the order of a competent judicial authority in any jurisdiction; (iii) comply with the legal process served on Casella; (iv) protect and defend the rights or property of Casella; (v) enforce or verify your compliance with any part of the agreements that you have entered into with Casella, if any; (vi) prevent fraud or other illegal activity perpetrated through the Website; or (vii) act in urgent circumstances to protect the personal safety of users of the Website or the public at large.

When Transferring a Business:

We may share your Personal Information without your permission when our operations require it (in the event of a merger, acquisition, bankruptcy, or sale of assets, for example). As part of this kind of event, we may also share some or all of your Personal Information to the relevant third-party (or its advisors) as part of a due diligence process.

For Other Purposes With Your Consent:

Where you have expressly consented, your Personal Information may be shared with other third parties. For example, there may be specific instances where additional conditions apply and through these we make it clear that specific third parties are processing your Personal Information.

6. THIRD-PARTY SERVICES AND PLATFORMS

We may include links on the Website to third-party sites or services that we do not control, for example, if you use an embedded feature of Google or social networks (e.g., Facebook, Instagram, WhatsApp, and Pinterest). These third parties may share certain information about you with us. Your activities on the Website may be displayed on social networking platforms. If you click on any of these links, you will be directed to sites that we do not control. Please read the privacy policies of those sites, applications or platforms that may collect Personal Information to understand their privacy policies and Personal Information collection practices. This Policy applies only to Personal Information processed by or on behalf of Casella.

7. WHERE IS YOUR PERSONAL INFORMATION STORED AND TRANSFERRED?

Your Personal Information may be held by Casella in locations other than your province, territory or country of residence, including in Australia. Casella may also outsource the processing of your Personal Information or share it with third parties located elsewhere, including in locations other than your province or territory of residence. In such cases, Casella will ensure that your Personal Information is adequately protected by appropriate technical, organizational, contractual or other legal means, and shall proceed with the required privacy impact assessment before disclosing or transferring any Personal Information outside of Canada, and more specifically outside of the Province of Québec. If you would like more information about these security measures, please contact us as set forth in the Section “How to contact us?”.

8. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?

Personal Information will be retained only as long as necessary for the fulfilment of the Purposes or as required by law. At the end of such period, we strive to destroy or anonymize this information. To determine the appropriate retention period for your Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the Purposes for which we process your Personal Information and whether we can achieve those Purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. If you would like more information on this subject, we invite you to contact us.

9. HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

With necessary and appropriate security measures:

Casella has security measures in place to protect your Personal Information. The standard security measures we use will depend on the type of information collected. However, Casella uses physical, electronic, and procedural safeguards to protect your Personal Information. We encourage you to be cautious when using the Internet. This includes not sharing your passwords. If you think an unauthorized account has been created using your name, please contact us as set forth in Section “How to contact us?”.

Children’s Privacy:

The Website is only available and designed for individuals who have reached the age of maturity in their respective province of residence. Casella does not knowingly process any Personal Information from children under the age maturity. If you believe that Personal Information has been collected from children under the legal age of maturity, or if you are a parent or legal guardian and think that your child under such legal age has provided us with Personal Information, you may contact us as set forth in the Section “How to contact us?”.

10. HOW DO WE USE COOKIES?

A cookie is a small text file that is stored in a dedicated location on your computer, mobile device, tablet or other device when you use your browser to visit an online service. Other tracking technologies, such as web beacons and tracking pixels may be used for similar purposes. In this Policy, all of these tracking technologies are collectively referred to as “Cookie(s)”. Any Personal Information collected with Cookies by Casella or on its behalf are treated with the same level of confidentiality as any other Personal Information held by us.

Strictly Necessary Cookies:

These Cookies are necessary for the Website to function and cannot be switched off in our systems. Strictly necessary Cookies must be present for the Website to provide basic functions and could include signing in, adding items to a cart, or e-billing. They allow for a user to navigate back and forth between pages without losing their previous actions from the same session.

Non-essential Cookies:

If you have consented to their use, Casella and/or its third-party partners may also use non-essential Cookies in connection with the Website, including the following:

  • Functionality Cookies (also known as “preference Cookies”): These Cookies are not essential to the provision of our services. They help personalize and enhance the user experience. For example, if you have consented to their use, such Cookies will store your communication preferences.
  • Performance Cookies (also known as “statistical Cookies” or “analytical Cookies”): These Cookies are not essential to the provision of our services. If you have consented to their use, we use performance Cookies to understand how you interact with our Website. Our partners may also use this type of Cookie to analyze your use of our Website and provide us with information about it. These Cookies are for statistical purposes only. For more information on our use of Cookies, see the “Use of Analytics Tools” section on our Website.
  • Social Media Cookies: If you have consented, we use Social Media Cookies to provide you with personalized offers, to measure, optimize and build audiences for advertising campaigns delivered on social media platforms. The Website may also use Cookies for sharing content with social media (such as Facebook and Instagram). Use of the sharing buttons will set a Cookie to link content viewed on our Website to your user account with these networks, if applicable.
  • Advertising Cookies: If you have consented to their use, we use Advertising Cookies to collect information about your devices in order to display ads based on relevant topics that may be of interest to you. In addition, our partners may use these Cookies to determine whether our advertisements were displayed to you and whether you interacted with them. In this case, our partners share data with us, including statistics about the performance of our ads. If you would like more information on how to manage and/or disable advertising cookies, visit http://www.youronlinechoices.com/. You may also opt-out of the use of these Cookies by following the instructions listed below.

Deactivation of Cookies to Which You Have Consented:

Except for strictly necessary Cookies, we will only place Cookies on your device if you consent to it, and such Cookies will be kept for a maximum period of thirteen (13) months from when they are placed on your device. At the end of this period, your consent will be required again.

Cookies can be managed and/or disabled through your browser’s Cookie settings and mobile device’s advertising settings. Social media Cookies (“plugins”) can also be managed by consulting the following networks’ policies (to the extent applicable):

You can also manage your Cookie settings by changing the settings on your browser or device. For details on how to set up your browser, please see the help centre for Chrome, Safari, Firefox, Internet Explorer, Edge or Opera. However, if you choose to decline Cookies, some pages or sections of our Website, and our Messages, may not display properly or some features may not be available, and you will still be served with advertising, but such advertising will no longer be as tailored to you. If you want more information about how to manage and/or disable non-essential Cookies, please visit http://www.allaboutcookies.org/manage-cookies/, and http://optout.aboutads.info/?c=2&lang=EN.

11. WHAT ARE YOUR RIGHTS?

Depending on applicable laws, you might have different rights such as the right to access and rectify your Personal Information, the right to withdraw your consent (if any), the right to de-index your Personal Information, as well as the right to data portability, i.e., the right to receive a copy of any Personal Information that Casella has about you in a structured, commonly used and machine-readable format. To exercise any of these rights (to the extent available), please contact us as set forth in the Section “How to contact us?”.

12. HOW TO CONTACT US?

If you have any questions about any aspect of this Policy, wish to send a comment, make a complaint or exercise any of the rights made available to you according to applicable laws, please do so through the “Contact us” link on the Website, when available, or please contact our Data Protection Officer as follows:

Address: Farm 1471 Wakley Road, Yenda NSW 2681, Australia

Email:[email protected]

+61 2 69613055

Your request may be accepted or denied by Casella based on the applicable laws. Casella will take prompt corrective action when it learns of any failure to comply with this Policy. Casella shall not be liable for any indirect, incidental, consequential or punitive damages relating to this Policy. You may file a complaint with the competent authority at any time if you believe that Casella is not processing your Personal Information in a manner that is compliant with this Policy or with the applicable laws.

13. CHANGES AND UPDATES TO THE POLICY

Casella may, at its discretion, update, revise, modify or supplement this Policy from time to time. If material changes are made to the Policy, you will be notified when you access the Website and/or we will send you a link to the new version of the Policy. The Policy and any related agreements, if any, will be posted on our Website. Casella requests that its users review and accept the revised Policy before continuing to use its Website.