PRIVACY POLICY

Privacy Policy

 1.           Introduction

 1.1         ThisPrivacy Policystates Our policy on maintaining Your privacy and handling Your Personal Information in accordance with applicable Privacy Laws.

 1.2         The Policy relates to Personal Information We handle about Our customers, visitors to Our Website and other members of the public.

 1.3         If You provide Us with Personal Information You consent to Us collecting, holding, using, and disclosing Your Personal Information in accordance with Our Privacy Policy. You can withdraw Your consent at any time by contacting Us however this may prevent Your use of Our Website or ability to acquire Products or Services from Our Websitewww.oraterra.nz.

 1.4         All defined terms have the same meaning as in Our Website Terms unless otherwise specifically stated. Our Website Terms can be found herewww.oraterra.nz/terms-and-contitions.

 1.5         Where applicable local legislation, regulations or governing authorities differ in the application and/or interpretation of privacy requirements when capturing Personal Information, those rulings will supersede those set out in this statement.

 1.6         Personal Information includes any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion.

 2.           Collection of Information

 2.1         We collect Personal Information which is necessary to conduct business with You.

 2.2         The information collected by Us will depend on the Products, Services or information You ask Us to provide to You, and the nature of the dealings You have with Us. This will include (but is not limited to) information to confirm Your identity, date of birth and contact details such as Your physical address, mailing address, email and contact phone numbers.

 2.3         If You submit Personal Information to Us about another individual, You must obtain permission from that individual and take reasonable steps to ensure that that person understands what Personal Information We will collect and use.

 2.4         We store most information about You in computer systems and databases (including cloud server providers based in New Zealand and overseas) operated by either Us or Our external service providers. Some information about You is recorded in paper files that We retain under Our control.

 2.5         We implement and maintain processes and security measures to protect Personal Information which We hold from misuse, interference, or loss, and from unauthorised access, modification, or disclosure.

 2.6         If You send Us personal correspondence, such as emails or letters, or if third parties send Us correspondence about Your activities or post comments on the Our Website, We may collect such information into a file specific to You.

 3.           Use and disclosure of Your Information

 3.1         We and Our service providers may use Your Personal Information and information You have supplied for such purposes including to:

 ·          identify You to provide better customer service to You

·          perform authorised transactions with You

·          operate Our business as it applies to You

·          keep You informed about Our Products and Services and those of relevant business partners

·          protect Our lawful interests

·          fulfil legal and regulatory obligations

 3.2   We may send You occasional and targeted promotional e-mails about the Products, Services and special deals We offer unless You have opted out of receiving these.

 3.3     We fully comply with the requirements of the New ZealandUnsolicited Electronic Messages Act 2007withExpressandInferredconsent. We include a structured opt out facility on all commercial electronic messages. Additionally, Our Website provides You the opportunity to manage Your own Personal Profile, including email preferences (Personal Preferences), allowing You to opt-out at any stage from receiving such communications. 

 3.4         Your email address may also be used if it becomes necessary to contact You directly for any reason. 

 3.5         Other than as specified above, We release account and other Personal Information only when release is required by law or necessary to enforce or apply Our Terms and conditions or protect the rights of Us, Our customers or other third parties.

 4.           Disclosure to third parties

 4.1         The Personal Information You provide to Us may be shared with third-parties to the extent necessary to carry out Our professional and business needs, to complete Your requests, where We are required to disclose that information by law or for safety reasons, with Your consent or as otherwise stated in this Privacy Policy.

 In particular, third parties We share Personal Information with may include:

 (a)         Parties to whom We outsource certain functions. We use third-party service providers to store and process Our data, support the sale of Our Products to You and support Our Website.

 (b)         Third parties who help Us deliver and manage Our Products and Services.

 (c)          Auditors, compliance regulators, government agencies and departments, courts or other regulatory bodies.

 (d)         Any other third party with Your prior authorisation for such disclosure.

 (e)         In some cases, the third parties We share Your Personal Information with may be located overseas, including but not limited to Australia, United Kingdom, United States and Canada. We require these third-parties to take appropriate measures to protect the Personal Information and restrict how they use it, in accordance with Our contractual obligations and all other applicable privacy laws.

 4.2         Some of the third parties described above including Our service providers may be located in other countries. You acknowledge that while these parties will often be subject to other confidentiality or privacy obligations, they may not in all cases be subject to the specific requirements of New Zealand privacy laws.

 5.           Your Rights in Respect to Personal Information

 5.1         You have the following rights regarding Your Personal Information:

·        The right to access and receive a copy of Your Personal Information.

·        The right to update or correct Your Personal Information.

·        The right to delete Your Personal Information (except where We are required to keep it for legal or legitimate business purposes).

·        The right to object to the processing of Your Personal Information or to restrict its processing.

·        The right to lodge a complaint with a data protection authority such as the Office of the Privacy Commissioner.

 5.2         Many countries also have specific regulations to protect their residents which Our Website respects such as:

·        California Consumer Privacy Act of 2018

·        General Data Protection Rights (GDPR)for those in the European Union

 5.3         If You believe that We have breached, or potentially breached Our privacy obligations, please contact Us atwine@oraterra.nzin the first instance. Depending on the nature of the breach or potential breach, We may ask for further confirmation of identity, details of the complaint and/or that the request is submitted in writing for audit and compliance purposes.

 5.4         We will endeavour to resolve Your concerns however if You feel We have not addressed Your concerns, You may contact the relevant supervisory authority.

 6.           Financial Transactions

 We protect Your credit card information during transmission by using the Secure Sockets Layer (SSL) protocol, which encrypts Your information when transmitted over the Internet. Your credit card details are not held by Us and cannot be accessed by Our personnel. For more details regarding payment security, visithttps://docs.stripe.com/security.

 7.           Cookies and How We Use Them

7.1         We (and authorised third parties) may use cookies and tools, such as web beacons and web server logs, to collect, store and monitor visitor traffic information and actions on Our Website. Cookies are small data files which are placed on Your computer that allows Our Website to “remember You” when You return to Our Website. These cookies and tools are not used to record any Personal Information. They do record IP addresses which combined with other data may be considered Personal Information. Third party Services may have their own privacy policies.

 7.2         We use optional third-party marketing cookies to collect information on how You utilise Our Website. Third parties use this information to perform statistical analysis of aggregate user behaviour, and effectively run, measure and improve Products and advertising. We use this analysis to measure advertising and site effectiveness and relative customer interest in the Website. We use Age Verification, an essential first party cookie to ensure You are of legal drinking age and store Your age settings, so You don’t have to enter them every time You access Our Website.

 7.3         The information collected by these tools may include geolocation data, the IP address of the device You are using and information about Website that IP address has come from, the pages accessed on Our Website and the next Website visited. We may use and combine this information to maintain, secure and improve Our Website, enhance Your experience when using Our Website, display and deliver relevant content, Services and advertising and understand the effectiveness of Our marketing and advertising.

 7.4         If You want to prevent cookies being used, You can change Your browser settings to disable cookies. However, You may not be able to access all or parts of Our Website, or You may experience reduced functionality when accessing certain Services.

 8.           Advertising and Third Party Links

                Our Website may contain links to a variety of third party sites to enhance the member experience. We have no control of either the content or privacy policies of such sites, nor should such links be considered an endorsement of these sites except where otherwise noted. We encourage You to review the policies of such third party sites prior to submitting any Personal Information to them.

 9.           Social Media

 9.1         We may maintain channels on various social media platforms including, on Facebook, LinkedIn, Instagram and Twitter.

 9.2         We recognise it plays an important role in promoting the responsible consumption of alcohol. To follow or engage with any of Our social media channels, You must be of legal drinking age in Your country of residence. If there is no legal age for consuming alcohol in Your country, You must be over 18.

 9.3         If You post a photo, video or other content to any of Our social media channels including Instagram, Twitter or Facebook and You tag the photo with #OraterraNZ, #OraterraWine, #OraterraWines, #OraterraNZWine @Oraterra.NZ, @OraterraWine or post directly on Our Oraterra.NZ Facebook Page wall, then You are granting Oraterra a non-exclusive, royalty-free, worldwide, revocable, non-transferable, perpetual licence to use, modify, publicly display and reproduce, Your content, including without limitation, in: any online media formats and through any social media channels, pages or accounts; and advertising promotional materials (whether in printed or electronic form), such as brochures, on Oraterra Website and in emails.

 9.4         We reserve the right to remove any posts, photos, videos and/or comments for any reason. We also expect that You abide by the Terms of use of the social media channel You are engaging on.

•            Be responsible. Any posts or material that promotes excessive or irresponsible drinking of alcoholic beverages will be removed. Please do not share content from Our social media channels with anyone under the legal drinking age of their country of residence.

•            Be respectful. Do not post any content that is abusive, defamatory, offensive, threatening, indecent or misleading towards Us, Our partners, employees, competitors, social community or other people or organisations.

•            Be polite. Respect each other’s opinions and treat members of Our social communities fairly, even if You disagree with their opinion.

•            Follow the law. Do not use other parties’ materials, including photographs, artworks, images or logos, unless You have consent from them to do so. Discussions about illegal activity are not permitted.

•            Don’t spam. Spam, advertising or content commercial in nature or the unnecessary re-posting of links or comments will be removed.

 9.5         Any views or opinions expressed by users of the social media platforms on which We are active are the views and opinions of the people expressing them, are not necessarily those of Us, and nor do We confirm their accuracy. While We do Our utmost to maintain a safe, respectful and enjoyable environment on Our social pages, We take no responsibility for any content posted by third parties. If You believe any content contravenes these policies, please send a message to Us via the relevant social platform highlighting the issue and We will address it as soon as possible.

 9.6         Any content in any format, including comments, videos, ideas, imagery, or any other format posted on Our social page must belong to You and not breach anyone else’s intellectual property rights. By posting content to Our social pages You grant Us a worldwide license to use this content in any way, in any format and medium, in perpetuity, without any legal or monetary obligation to the author of the content.

 9.7         If You do not agree to abide by these rules, please do not interact with Our social media channels. Interaction with any of Our social media channels is deemed as acceptance of Our policies. You can choose to no longer follow Our social media channels at any time.

 10.         Privacy Policy Updates

 From time to time, Our privacy policies may change due to developments in business practice and/or due to changes in the law. So You should periodically review this page for the latest information on Our policies and practices.