Distinct Drinks Pty Ltd ACN 642 821 798
Distinct Drinks Pty Ltd ACN 642 821 798 (‘Distinct Drinks’, ‘us’ or ‘we’) and its related entities (referred to in this document (‘Policy’) as ‘we’, ‘us’ or ‘our’) operate the www.distinctdrinks.com, www.distinctdrinks.com.auwebsite, mobile applications and other online platforms (‘Site’).
We are committed to protecting the personal information we collect from you when you use our Site. The Privacy Act 1988(Cth) (‘Privacy Act’), and the Australian Privacy Principles (‘APP’) govern the way in which we manage your personal information and this Policy sets out how we collect, use, disclose and otherwise manage personal information about you.
We will not share or use your personal information, except as described in this Policy or unless you have otherwise provided us with your consent to do so.
Collection & Notice
Types of information collected
To assist us in providing you with access to the Site and the services provided via our Site (‘Services’), we may collect information that personally identifies you or allows us to contact you (‘Personal Information’).
Personal Information can include but is not limited to:
- your name;
- date of birth and/or age;
- contact details (including address, email address, phone number);
- financial information (such as credit card or bank account numbers and account details);
- proof of identification documentation including but not limited to your driver’s licence; and
- information that your browser sends us whenever you visit our site (‘Log Data’). Log Data may include information such as your computers internet protocol (‘IP’), your location, the pages of our Site that you visit, the time and date of your visit and the time spent on those pages and other statistics as well as the browser you use and language settings on your computer, phone, tablet or other device you are using to access our Site and/or Services.
This is not an exhaustive list. We may need to collect additional information about you from time to time to provide products or services to you.
Purpose of collection
The type of Personal Information that we collect and hold about you depends on your interaction with us (as explained in more detail below) and our Site.
Generally we will collect, use and hold your Personal Information for the purposes of:
- providing products or services to you or someone else you know;
- issuing tax invoices for the products or services we may provide to you from time to time;
- providing you with information about other services that we, our related entities and other organisations that we have affiliations with, offer that may be of interest to you;
- facilitating our internal business operations, including the fulfilment of any legal requirements; and
- analysing our services and customer needs with a view to developing new or improved services.
Method of collection
Personal Information will generally be collected directly from you through the use of our registration form via the Site or where you otherwise submit your details through our Site or your user account, social media or by email. We may also collect information from other sources, for example:
- from third parties such as our related entities, other business partners, or your representatives;
- from publicly available sources of information;
- from our records of how you use our Services; and
- from the third parties we list in the section of this Policy with the heading ‘Use and Disclosure’.
We will usually notify you in advance when we indirectly collect information, or where that is not possible, as soon as reasonably practicable after the information has been collected.
If you choose not to provide certain information about you, we may not be able to provide you with the products or services you require, or the level of service on which we pride ourselves.
If the personal information you provide to us is incomplete or inaccurate, we may be unable to provide you, or someone else you know, with the products or services you, or they, are seeking.
We cannot maintain your privacy if you decide to contact us through public forums such as Facebook or other social media channels.
Whenever you add data, we may collect it and store it with your other Personal Information.
If you access our Site, we may collect additional Personal Information about you in the form of your IP address and domain name.
Our Site may contain links to other websites or social media. These linked sites are not under our control and we accept no responsibility for the conduct of those that operate linked websites or social media platforms. Before disclosing your Personal Information on any other website or platform, we recommend you examine the terms and conditions of using that website or platform and its privacy statement.
We also use third party services such as Google Analytics that collect, monitor and analyse this type of information in order to increase our website’s functionality. These third party service providers have their own privacy policies addressing how they use such information. See additional information below.
We also use interfaces with social media sites such as Facebook, LinkedIn, Twitter, Instagram and other social media channels.
Use and disclosure
Generally, we only use or disclose Personal Information about you for the purposes for which it was collected (as set out above) or for purposes which are directly related to one or more of our Services or functions and activities. We may disclose Personal Information about you to:
- Parties we involve to provide you with the Services. This includes, for example, financial institutions, advertisers, website developers and our related entities and other organisations with whom we have affiliations;
- Our third party product or service providers, who assist us in operating our business (including to assist us in providing you with the products and/or Services that you have requested or have expressed an interest in (i.e. Shopify and payment service providers like Afterpay), customer support, market research, fraud detection and prevention services, payment services and marketing services) including suppliers and courier companies. These service providers may not be required to comply with our Policy;
- A third party where it is reasonably necessary to comply with a law, regulation, or valid legal process. If we are required to release your data or other Personal Information, we will provide you with notice unless prohibited by law; and
- A third party if it is necessary and permitted by law in connection with the sale, merger, bankruptcy, sale of assets or reorganisation of our business, from time to time.
We may also use your Personal Information to inform you of community posts, contests and surveys where you direct your information to be used for this purpose. We may share your Personal Information to other parties if you direct or consent to us doing so. These third-parties are then responsible for the privacy of the shared information and we accept no responsibility or liability for the privacy policies or practices of these third parties. You can revoke your consent to share with the third party at any time by contacting us.
With the exception of limited information collected by Google Analytics (refer above), we are not likely to disclose your personal information to overseas recipients.
Disclosure to overseas recipients
We are not likely to disclose your Personal Information to overseas recipients, except as permitted by the Privacy Act, unless we otherwise advise you in writing.
The types of overseas companies we share information with, in order to deliver our service to you are as follows;
- Companies that do things to assist us in delivering our service such as ecommerce providers like Shopify, see below for more information;
- Payment service providers like Afterpay and Klarna;
- Marketing service providers such as MailChimp and Google Analytics;
Companies which provide Professional services such as accounting service providers like Xero.
How we use your Personal Information for Direct Marketing
We may also use your Personal Information so that we, our dealers and members can promote and market products, services and special offers that we think will be of interest to you (which may include products, services and offers provided by a third party).
This marketing may be carried out in a variety of ways (including by email, SMS/MMS, or social media) and may continue after you cease acquiring Services from us until you opt-out by calling or emailing us at the contact details noted below.
You may opt-out of receiving emails by unsubscribing via the “Unsubscribe” link at the bottom of emails.
How we hold your Personal Information
The security of your Personal Information is of paramount importance to us.
The Personal Information we collect from you may be:
- transferred to, and stored at a destination outside of Australia; and
- processed by staff operating outside of Australia who work for us or one of our affiliates.
We agree to take all reasonable steps to ensure these overseas entities handle your personal information in accordance with the Act and the APPs,
When you provide, or otherwise allow us to collect, your personal information, you expressly consent to your personal information being disclosed to certain overseas recipients, as set out below under ‘Where we store your personal data: Shopify’. Where we disclose your personal information to an overseas recipient, you agree that we will not be required to ensure the recipient’s compliance with Australian privacy laws or otherwise be liable or accountable for how the recipient handles your personal information.
If you have any objections to your personal information being disclosed to an overseas recipient, please let us know by contacting us via the contact details noted below prior to disclosing any of your personal information to us.
We have also taken measures to enhance the safety and security of your ecommerce transactions. When you place an order or access your personal account information, you’re utilising a secure server software SSL, which encrypts your Personal Information before it’s sent over the Internet. SSL is one of the safest encryption technologies available.
If we no longer need your Personal Information for the purposes for which it was collected or for purposes which are directly related to one or more of our services or other functions and activities, we will take reasonable steps to securely destroy it or permanently remove all identifying features from that information. This obligation is subject to any legal requirement or court order to retain the information.
Where we store your personal data: Shopify
Our Site is hosted on Shopify Inc. Shopify provides us with the online ecommerce platform that allows us to sell our products and deliver our services to you. Your data is stored through Shopify’s data storage databases and the general Shopify application.
Shopify Inc. is a Canadian company but works with and processes data about individuals across the world. To operate their business, they may send your personal information outside of your location including to the United States. This data may be subject to the laws of the countries they send it to. If you would like more information about where your information might be sent, please contact Shopify directly. More information can be found here: <https://www.shopify.com/legal/privacy#information-sharing>.
Our policies for Minors
Our Services are not directed at persons under the age of 18 (‘Minor’).
We do not knowingly collect Personal Information from Minors. If you are a parent or guardian and become aware that a Minor under your care has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a minor without verification of parental consent, we will take steps to remove and destroy that information from our system.
How we handle data from international visitors
Our website is hosted by Spotify Inc as noted above and therefore your Personal Information may be collected used and processed to overseas recipients. We are an Australian company that operates entirely in Australia and is subject to Australian law.
How you can access your personal information and notice to parents
You may access the Personal Information Shopify hold about you, upon making a written request to us. We will then make a request to Shopify on your behalf. We will respond to your request within a reasonable period. We take all reasonable steps to ensure that the Personal Information Shopify hold, use and disclose is accurate, complete and up to date.
We may decline a request for access to Personal Information in circumstances prescribed by the Privacy Act, and if we do, we will give you a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons).
If, upon receiving access to your Personal Information or at any other time, you believe the Personal Information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up to date.
If we refuse to correct your Personal Information, we will give you a written notice that sets out our reasons for our refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.
If you wish to access any of your personal information that we hold or would like to correct any errors in that information, please contact us using the contact details set out in the Contact section of this policy, so that we can consider and respond to your request. We may apply an administrative charge for providing access to your personal information in response to a request.
Data Breach notification
We take our obligation to keep your Personal Information safe seriously.
If any of our personal data systems are breached or data is misused or lost, then we will take all reasonable and practicable means to contact individuals whose Personal Information is involved. We will advise such individuals of the extent of the data breach (if known) and advise individuals of the most appropriate means of regaining control of their Personal Information. If appropriate, we will also report any eligible data breach to the Office of the Australian Information Commissioner in accordance with the Privacy Act.
You may use the contact details below to notify us of any privacy complaint you have against us, including if you think that we have failed to comply with the APP or any binding APP code that has been registered under the Privacy Act.
If you are unhappy with the way that we handle your complaint you may make your complaint to the Office of the Australian Information Commissioner.
Email address: firstname.lastname@example.org
Post: Distinct Drinks Pty Ltd A1 35-39 Bourke Street, Surry Hills NSW 2015
Changes to our practices
By accessing or using our Site or Services, you confirm that you have read this Policy and expressly and voluntarily grant your informed consent for us to deal with your Personal Information in accordance with this Policy. You can revoke your consent by contacting us using the contact details in the Content Section above. If you revoke our consent, you acknowledge and agree that failure to provide certain types of personal information may not give you access to the full functionality of the Site or our Services.