privacy policy

As a potential or valued customer of Vincurable, we want you to know that we are committed to protecting your privacy – we are entirely supportive of, and committed to, Australia’s privacy laws. We recognise that maintaining privacy is a key element of good corporate governance, and profoundly important to our customers. We are individuals and online customers ourselves, and share your legitimate concerns in this regard, particularly in relation to the possibility of falling victim to identity theft or financial fraud.

In short, we only collect and use pertinent and accurate information in a sensitive way – solely to conduct our business with you. Your information is only accessible by members of our team who have both the right to know and the need to know about you – principally to manage your account, orders, shipping, storage and delivery requirements. And we only disclose relevant private information to third parties appropriately and confidentially – mainly to provide services to you, including shipping and delivery.

We store your personal information securely. In particular, we stringently safeguard your private financial information – we do not hold any bank account or credit card details online. Please refer to our payment page for detailed information about the protective measures we have in place to ensure that you can enjoy the convenience of online shopping in a secure digital environment.

We place your personal information largely in your control, and you have the ability to modify this information and to tailor our communications with you to suit your requirements. You are also free to end your relationship with us at any time, confident that your privacy will continue to be respected and preserved.

On registering to become a member of Vincurable, you agree to our Privacy Policy, which sets out the approach that we take in relation to the protection of the privacy of individuals (principally our customers) and the treatment of their personal information. It relates to Vincurable Pty Ltd’s obligations under The Privacy Act (Commonwealth Act Number 119 of 1988 as amended) and the National Privacy Principles (Schedule 3).

Vincurable’s Privacy Policy is a publicly available document prepared in compliance with National Privacy Principle sub-clause 5.1 (Openness). The following policy clauses numbers 1 – 10 have been formulated by Vincurable to genuinely and comprehensively address the requirements outlined in the National Privacy Principles, numbers 1 – 10. Corresponding numbering and lettering has been used for ready cross-reference to the National Privacy Principles document.

privacy principles

Vincurable’s Privacy Policy

1Collection
1.1Vincurable will only collect personal information where that information is necessary for it to perform one or more of its business activities.
We have no intention of collecting any extraneous or sensitive personal information about you.
1.2Vincurable will only collect personal information by lawful and fair means in a reasonable and unobtrusive way.
We will not collect personal information about you in a secretive or duplicitous fashion.
1.3At, before or soon after the time of collecting this personal information, Vincurable will take timely and reasonable steps to ensure that individuals are aware of:
(a)Vincurable’s lawful identity and business activities, and its full contact details; and
(b)the individual’s ability to access the personal information collected; and
(c)the purposes for the collection of the personal information; and
(d)other organisations to which Vincurable discloses information; and
(e)any law that requires particular information to be collected by Vincurable; and
(f)the consequences for the individual if information is not provided to Vincurable.
1.4Where reasonable and practicable, Vincurable will only collect personal information about an individual from that individual.
1.5Where Vincurable collects personal information about an individual from another source, it will take timely and reasonable steps to ensure that the individual is made aware of the matters listed in sub-clause 1.3, unless the personal information acquired in this manner poses a serious or imminent threat to an individual’s life, health or safety.
We collect your personal information solely to facilitate our business activities and to enable us to proffer the products and services sought by our customers. The retention of these details is critical to enable us to provide excellent customer service. It provides the data necessary for efficient customer account management, processing financial transactions securely, personal preferences profiling, distributing promotional material and ongoing business planning.
We collect your personal information principally on our website, during interpersonal and telephone conversations, and via email, mail and facsimile. Personal information is generally obtained from potential and existing customers, but may also be obtained from other individuals and organisations. We may store and use cookies in your web browser – these are a simple tool we may employ to facilitate your browsing experience on our website, and we will not use them to collect your personal information.
The personal information we obtain principally consists of your name, email, billing and delivery addresses, telephone numbers, delivery and other instructions, and personal preferences regarding wine and communications from Vincurable. It also includes the legal requirement to establish that all customers of Vincurable residing in Australia have attained the age of 18 years or are an overseas resident who may legally purchase alcohol within the country where they reside. In addition, we collect financial information necessary for manual processing of, and payment for, your orders – we do not hold any bank account or credit card details online.
In the case of a company, we also collect required statutory information.

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2Use and Disclosure
2.1Vincurable will not use or disclose personal information for a secondary purpose other than outlined in clause 1, unless:
(a)the secondary purpose is related to the primary purpose of collection and the individual concerned would reasonably expect that Vincurable would use or disclose information for the secondary purpose; or
(b)the individual has consented to such use or disclosure; or
(c)where the use of the personal information is for direct marketing:
(i)it is impracticable to seek the individual’s prior consent before that use; and
(ii)no charge will be made for the individual to opt out of receiving direct marketing; and
(iii)no request has been made by the individual to opt out of receiving direct marketing; and
(iv)in every direct marketing communication with the individual, Vincurable will offer the individual the option to opt out of receiving direct marketing; and
(v)in every direct marketing communication with the individual, Vincurable will display its full contact details; or
(d)not applicable; or
(e) Vincurable reasonably believes that the use or disclosure is necessary to lessen or prevent:
(i)a serious or imminent threat to an individual’s life, health or safety; or
(ii)A serious threat to public health or safety; or
(ea)not applicable; or
(f)Vincurable reasonably believes that the use or disclosure is necessary to investigate its reasonable suspicion that unlawful activity has occurred or is occurring, and to report personal information as a necessary part of its concerns to relevant people or authorities; or
(g)the use or disclosure is required or authorised under law; or
(h)Vincurable reasonably believes that the use or disclosure is necessary for law enforcement bodies to:
(i)prevent, detect, investigate, prosecute or punish criminal offences and breaches of the law and prescribed law; or
(ii)enforce laws relating to the confiscation of the proceeds of crime; or
(iii)protect public revenue; or
(iv)prevent, detect, investigate or remedy seriously improper and prescribed conduct; or
(v)prepare for, or conduct, proceedings before a court or tribunal, or implement the orders of a court or tribunal.
2.2In the case of use or disclosure under paragraph 2.1 (h), Vincurable will make a written note of the use or disclosure.
2.3Sub-clause 2.1 operates in relation to personal information obtained from, or disclosed to, organisations related to Vincurable, as if the primary purpose for the collection of the personal information obtained from one related entity was the same primary purpose for which the other related entity collected the information.
2.4Not applicable.
2.5Not applicable.
2.6Not applicable.
We will only use or disclose your personal information for secondary purposes in a responsible manner. Where practicable, we will seek to obtain your consent prior to such use. We will cease to use or disclose your personal information when you request us to desist, except where overriding concerns or obligations apply, as outlined in paragraphs 2.1 (e), (f), (g) and (h).
We will disclose your personal information to contractors that we engage to provide services directly to you, including those engaged in shipping and delivery of your orders. Your personal information may also be provided to other contractors and consultants engaged by us, including those facilitating our email, telephone and mail communications with you, and information technology service providers who maintain our website for you to utilise. In every case, we will ensure that our contractors undertake to protect your privacy in compliance with The Privacy Act, and will only authorise them to use your personal information for the purpose that we have supplied it to them.
We will record and retain transaction records as required by Section 109A of the Government of South Australia Liquor Licensing Act 1997.
In the case of direct marketing, you will be given the option to opt out in the first communication and all subsequent communications, and be provided an unsubscribe link and Vincurable’s contact details to facilitate such a request. If you notify us that you wish to opt out of Vincurable’s direct marketing, we will act upon this request in a timely fashion.
We will not discuss anything about you, your wine preferences or purchases, or your wine collection and cellaring arrangements, with any other individual (including another customer of Vincurable) or organisation.
We will not sell, rent or barter your personal information to any other individual or organisation.
Importantly, websites linked to, or referenced by, Vincurable’s website are those of a third party and not subject to Vincurable’s Privacy Policy. Hence, we cannot vouch for their integrity in this regard. Accordingly, we cannot accept responsibility for the security of personal information that you provide to linked or referenced websites.

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3Information Quality
3.1Vincurable will take all reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and current.
We are wholly reliant upon the quality of the data we obtain from you for our operational success, and will attend to the integrity of this data in a diligent fashion.

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4Information Security
4.1Vincurable will take all reasonable steps to ensure that the personal information it holds is protected from loss, misuse and unauthorised access, modification or disclosure.
4.2Vincurable will take all reasonable steps to destroy or permanently de-identify personal information if no longer required for its business activities, or for any purpose for which the information may be used or disclosed under clause 2.
The security of your personal information is integral to our operational success, and accordingly, we have developed a website that offers you a secure digital environment. We shall monitor and maintain the security of the data we hold for you in a diligent fashion.
Nevertheless, even the largest and most sophisticated public and private organisations are not immune to cyber attack, despite inordinately expensive security arrangements which are well beyond those that we can realistically contemplate. Accordingly, in the case of a breach despite our very best efforts to prevent illicit access, we cannot accept responsibility for the divulgence of your personal information gleaned in this manner.
Importantly, email is not an inherently secure method of transmitting information, and we cannot vouch for its integrity in this regard. Accordingly, we cannot accept responsibility for the security of your personal information transmitted in this manner.

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5Openness
5.1Vincurable must set out a publicly available document clearly expressing its policies on management of personal information.
This is that document.
5.2On request, Vincurable will take reasonable steps to advise an individual what personal information it holds, for what purposes, and how it collects, holds, uses and discloses this personal information.
We are committed to an open relationship with our customers, based on mutual trust and respect, with a fair and reasonable approach to all matters, including openness to scrutiny of our management of privacy issues. In this regard, please contact us if you have any queries or concerns regarding your personal information held by us.

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6Access and Correction
6.1On request, Vincurable will provide an individual access to their personal information that it is holding, unless:
(a)providing access may pose a serious or imminent threat to an individual’s life, health or safety; or
(b)not applicable; or
(c)providing access will have an unreasonable impact upon the privacy of another individual; or
(d)the request for access is frivolous or vexatious; or
(e)the personal information relates to existing or anticipated legal proceedings between Vincurable and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
(f)providing access would reveal the intentions of Vincurable in relation to negotiations with an individual in such a way as to prejudice those negotiations; or
(g)providing access would be unlawful; or
(h)denying access is required or authorised by law; or
(i)providing access would be likely to prejudice an investigation of unlawful activity; or
(j)providing access would be likely to prejudice the efforts of law enforcement bodies to:
(i)prevent, detect, investigate, prosecute or punish criminal offences and breaches of the law and prescribed law; or
(ii)enforce laws relating to the confiscation of the proceeds of crime; or
(iii)protect public revenue; or
(iv)prevent, detect, investigate or remedy seriously improper and prescribed conduct; or
(v)prepare for, or conduct, proceedings before a court or tribunal, or implement the orders of a court or tribunal; or
(k)a request from an enforcement body performing a lawful security function has been made not to provide access on the basis that it would be likely to cause damage to the security of Australia.
6.2However, where providing access would reveal evaluative information generated by Vincurable in connection with commercially sensitive decision-making processes, Vincurable may give an individual an explanation for the commercially sensitive decision rather than direct access to the personal information. This explanation will not be used by Vincurable as a reason for arbitrarily withholding access where no such imperative exists.
6.3If sub-clause 6.1 applies, Vincurable will reasonably consider the use of mutually agreed intermediaries such that sufficient access can be arranged, meeting the needs of both parties.
6.4If Vincurable decides to charge for access to personal information, it will not charge:
(a)an excessive fee for such access; and
(b)an individual for lodging a request for access.
6.5Vincurable will take all reasonable steps to correct any personal information that it holds about an individual when that individual has established it is not accurate, complete and current.
6.6Where a disagreement exists between Vincurable and an individual about the accuracy, completeness and currency of their personal information, and at the request of the individual, Vincurable will associate an individual’s statement of claim regarding the information’s accuracy, completeness and currency, to the personal information held.
6.7Vincurable will provide reasons for denial of access or its refusal to correct personal information.
We will provide access to, and correction of, personal information when requested by you, except where overriding concerns or obligations apply, or a disagreement exists, as outlined in sub-clauses 6.1, 6.2 and 6.6. In most circumstances, we would not envisage charging you a fee for access to your personal information.

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7Identifiers
7.1Vincurable will not adopt as its own an identifier of an individual, an identifier that has been assigned by:
(a)an agency; or
(b)an agent of an agency; or
(c)a contracted service provider for a Commonwealth contract acting in that capacity.
7.1ANot applicable.
7.2Vincurable will not use or disclose an identifier assigned to an individual by an entity listed in sub-clause 7.1, unless:
(a)its use or disclosure is necessary for Vincurable to fulfil its obligations to an entity listed in sub-clause 7.1; or
(b)one or more of paragraphs 2.1 (e) to 2.1 (h) apply to the use or disclosure; or
(c)not applicable.
7.3In this clause (7), identifier includes a number assigned by Vincurable to an individual to identify them uniquely for the purposes of its business activities, noting that the customer’s name or ABN is not an identifier.
We create a unique (non-identifier) Vincurable account number for each customer, that we use exclusively for account-keeping purposes.

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8Anonymity
Wherever lawful and practicable, individuals have the option of not identifying themselves when entering into transactions.
Given the nature and structure of Vincurable’s business activities, we will require the receipt of personal information from you if you wish to become a customer. This is a practical and legal necessity, for without such information we will be unable to secure wine for sale to you.

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9Transborder Data Flows
Vincurable will only transfer personal information to an individual or organisation in a foreign country if:
(a)it reasonably believes that the recipient is subject to a law, binding scheme or contract which effectively upholds principles similar to those of the National Privacy Principles; or
(b)the individual consents to the transfer; or
(c)the transfer is necessary for contractual reasons between Vincurable and the individual, or pre-contractual measures taken in response to the individual’s request; or
(d)the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Vincurable and a third party; or
(e)all of the following apply:
(i)the transfer is for the individual’s benefit;
(ii)it is impracticable to obtain the individual’s consent for the transfer;
(iii)if it were practicable to obtain such consent, the individual would be likely to give it; or
(f)Vincurable has taken reasonable steps to ensure that personal information that it has transferred will not be held, used or disclosed by the recipient of the personal information inconsistently with the National Privacy Principles.
Where we disclose personal information to recipients in a foreign country, we will ensure that they are subject to privacy law in keeping with that of Australia, or alternatively, undertake to protect your privacy in compliance with The Privacy Act. In addition, we will only authorise them to use your personal information for the purpose that we have supplied it to them.

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10Sensitive Information
10.1Vincurable will not obtain sensitive personal information unless:
(a)the individual has consented; or
(b)the collection is required by law; or
(c)the collection is necessary to prevent or lessen the serious or imminent threat to an individual’s life, health or safety, where the individual concerned:
(i)is physically or legally incapable of giving consent to collection; or
(ii)cannot physically communicate consent to the collection; or
(d)not applicable; or
(e)the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
10.2Not applicable.
10.3Not applicable.
10.4Not applicable.
10.5Not applicable.
We have no intention and do not foresee the need to obtain, hold, use or disclose any sensitive personal information or opinion in relation to individuals. We regard the following categories of personal information as sensitive (as defined in The Privacy Act):
(a)Racial or ethnic origin.
(b)Political opinions.
(c)Political association membership.
(d)Religious beliefs or affiliations.
(e)Philosophical beliefs.
(f)Professional or trade association membership.
(g)Trade union membership.
(h)Sexual preferences or practices.
(i)Criminal record.
(j)Health and genetic information.

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