Cru Bar and Cellar Pty Ltd (ACN 103 080 342) trading as Cru Bar & Cellar and its Related Bodies Corporate (collectively, Cru Bar).
- how and when Cru Bar collects personal information;
- how Cru Bar uses and discloses personal information;
- how Cru Bar keeps personal information secure, accurate and up-to-date;
- how an individual can access and correct their personal information; and
- how Cru Bar will facilitate, respond to and attempt to resolve a privacy complaint.
If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint. Please see paragraph 10 for further details.
We can be e-mailed at email@example.com or contact us on +61 (07) 3252 1744 or write to us at 1/22 James St Fortitude Valley, Qld 4006 (to the attention of the ‘Cru Bar Privacy Officer’) and our privacy officer will then contact you and attempt to resolve the issue.
We recommend that you keep this information for future reference.
What is personal information?
The Privacy Act 1988 (Cth) defines "personal information" to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion.
1.1 What is Sensitive Information?
- Sensitive information is a subset of personal information. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.
- In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you and comply with our obligations in relation to the responsible service of alcohol. However, we do not collect sensitive information from you without your consent.
- The type of sensitive information we may collect from you or record about you is dependent on the services provided to you by Cru Bar and will be limited to the purpose(s) for which it is collected. We do not use sensitive information to send you Direct Marketing Communications (as defined in paragraph 6 below) without your express consent.
1.2 Consent to collection of certain types of sensitive information
We may collect certain types of sensitive information where you have consented and agree to the collection of such information.
Generally speaking, we will obtain this type of consent from you at (or around) the point in time in which we collect the information, but the main type of sensitive information that we may collect (if any) will usually relate to:
- the criminal record of an individual in relation to undertaking pre-employment verification checks prior to engagement of employees or contractors;
- trade union membership in relation to us administering your employment; and
- the health or medical information about an individual, employee or contractor (including but not limited to requesting information about allergies or dietary requirements),
but only to the extent that where you volunteer such information or if it is necessary for, or incidental to, the purposes of collection set out in paragraph 4.
Collection of your personal information
1.3 We only collect personal information that is necessary for what we do and we hold the personal information we collect within our own data storage devices or with a third party provider of data storage. The type of information we may collect from you depends ultimately upon the purpose of collection and we set out the general purposes of collection at paragraph 4 below.
1.4 The type of information we may collect from you includes (but is not limited to) the following:
- your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers;
- your date of birth in order to verify that you are over the age of 18 years as required to use our services and establish a Cru Bar Account;
- any sensitive personal information listed in paragraph 2.2;
- proof of your identity and date of birth (including, but not limited to, copies of your driver’s licence, passport, birth certificate or identification documents);
- information concerning or relating to your purchases of products over the Cru Bar Website or use of your Cru Bar Account;
- financial and billing information (such as credit card number / expiration date / security code, bank account details, billing address, repayment information and invoice details and purchasing history);
- your username and password to access your Cru Bar Account on the Cru Bar Website, if applicable;
- your opinions, statements and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on the products and services offered by Cru Bar; and
- your participation in, or response to our marketing and promotional activities, such as entering into a promotional contest.
1.6 When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities.
1.7 Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to effectively provide our services to you.
1.8 If you use the Cru Bar Website, we may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the Cru Bar Website. A cookie does not identify you personally but may identify your internet service provider or 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.
1.9 We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.
How we may use and disclose your personal information
1.10 We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below.
1.11 You consent to us using and disclosing your personal information to facilitate a purpose in connection with:
- if required, the verification of your identity;
- the verification of your date of birth;
the provision of our products to you under any Order Agreement, which shall include but is not limited to:
- the administration and management of our products, including charging, billing, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references, if applicable), fraud and collecting debts; and
- to offer you updates, or other content or products and services that may be of interest to you;
- the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services);
- the maintenance and development of our products and services, business systems and infrastructure;
- marketing and promotional activities by us and our related bodies (including by direct mail, telemarketing, email, SMS and MMS messages) such as our customer loyalty programs and newsletters;
- to provide customer service functions, including handling customer enquiries and complaints;
- to offer you updates, or other content or products and services that may be of interest to you;
- our compliance with applicable laws;
- the sale, and matters in connection with a potential sale, of our business or company to a third party; and
- any other matters reasonably necessary to continue to provide our products and services to you.
1.12 We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:
- when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;
- if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;
- if we have reason to suspect that unlawful activity has been, or is being, engaged in (including, but not limited to, the sale or supply of alcohol to persons under the age of 18 years); or
- if it is otherwise required or authorised by law.
1.13 In the event we propose to use or disclose such personal information other than for reasons in 4.1, 4.2, and 4.3 above, we will first seek your consent prior to such disclosure or use.
The types of organisations to which we may disclose your personal information
1.15 We may disclose your personal information to organisations outside of Cru Bar. Examples of organisations and/or parties that your personal information may be provided to include:
- offshore service providers, if any;
- related entities and subsidiaries of Cru Bar;
- your financial institution and in some circumstances, our financial institution;
- Cru Bar’s third party payment gateway service provider (eWay);
- our related partners for direct marketing purposes; and
- third parties, including (but not limited to) LemonStand eCommerce Inc.; and DigitalOcean Inc.
- our contractors and agents, including but not limited to our suppliers and distributors, or other companies who assist us in providing and/or delivering our products and services to you.
1.18 You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) (Direct Marketing Communications) which we consider may be of interest to you.
1.19 Without limitation to clause 6.1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
1.20 You expressly consent to us disclosing your personal information to other organisations (including but not limited to organisations such as those listed in paragraph 5.1) that may also use your personal information for sending you Direct Marketing Communications.
1.21 If at any time you do not wish to receive any further Direct Marketing Communications from us, or others under paragraph 6.3, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” link included in all of our emails or by contacting us via the details set out at the top of this document.
Cross Border Disclosure
1.22 Any personal information provided to Cru Bar may be transferred to, and stored at, a destination outside Australia where we may utilise overseas data and website hosting facilities or have entered into contractual arrangements with third party service providers to assist Cru Bar with providing our goods and services to you. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies.
1.25 If you do not agree to the transfer of your personal information outside Australia, please contact us by via the details set out at the top of this document.
Data quality and security
1.26 We have taken steps to help ensure your personal information is safe. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved.
1.27 Notwithstanding the above, we will take reasonable steps to:
- make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
- protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
- destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.
1.28 However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you:
- let us know if there are any errors in your personal information; and
- keep us up-to-date with changes to your personal information (such as your name or address) including, in relation to the Cru Bar Website and our online sales facility, by updating your profile in your Cru Bar Account.
Access to and correction of your personal information
1.29 You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law. You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.
1.30 If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the top of this document.
Resolving Privacy Complaints
1.31 We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.
1.32 If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us by:
- Telephone: +61 (07) 3252 1744
- Email: firstname.lastname@example.org
- Post: 1/22 James Street Fortitude Valley, Qld 4006
1.33 Please mark your correspondence to the attention of the Cru Bar Privacy Officer.
1.34 In order to resolve a complaint, we:
- will liaise with you to identify and define the nature and cause of the complaint;
- may request that you provide the details of the complaint in writing;
- will keep you informed of the likely time within which we will respond to your complaint; and
- will inform you of the legislative basis (if any) of our decision in resolving such complaint
1.35 We will keep a record of the complaint and any action taken in a Register of Complaints.