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PRIVACY POLICY

This privacy policy sets out how Waterford Wines Proprietary Limited (Registration Number 1997/009139/07) (“Waterford”) uses, stores, processes and protects the information that you provide and/or that we collect when you use the www.waterfordestate.co.za website (“the Website”), and sets out the rights and obligations that both you and Waterford have in relation to such information.

Waterford is committed to ensuring that your privacy is protected. Should we collect or ask you to provide certain information in order to create an account or to identify you when using the Website or placing online wine orders, all such information will only be used in accordance with this privacy policy.

By using the Website, you accept and agree to the collection, use and disclosure of your personal information in accordance with the terms of this privacy policy. If you do not agree with the data practices set out in this privacy policy, you should discontinue your use of the Website.

1. INFORMATION WE COLLECT

These terms and conditions apply to any and all orders placed with Waterford Wines. By making any purchase on this website, you indicate your express agreement to be bound by these terms and conditions.

1.1. Waterford endeavours to continuously improve the Website and how we market our products to you. We use the information we collect amongst others to ensure that you get a personalised experience when you visit the Website and that you only receive relevant information from us.

1.2. Certain of your personal information is collected automatically when you visit the Website, register an account and/or purchase wine through our use of service providers such as Google Analytics etc.

1.3. The types of personal information of users who access the Website, which the Website collects may include:

1.3.1. name and surname;

1.3.2. credit card details;

1.3.3. delivery address;

1.3.4. unique identifiers;

1.3.5. the information that Waterford gathers about users as a result of use of the Website, including, without limitation, details relating to location, preferences, behaviours and attitudes;

1.3.6. information defined as “personal information” in section 1 of the Protection of Personal Information Act, No. 4 of 2013 and/or the General Data Protection Regulation (“GDPR”) 679/2016, insofar as same may be applicable, as well as any information that can identify you personally such as your contact information, your live location, your IP address and information that is generally available about you on the internet for example information from Facebook, Instagram etc.;

1.3.7. contact information: if you fill in any of our contact forms, we collect your contact details such as your e-mail address and/or telephone number. This information will be stored in order for us to be able to contact you about your query and, if you consent to it, to send you periodic e-mails or other marketing information;

1.3.8. navigational information: this refers to the information we collect about your computer and your visits to the Website. This information includes your internet protocol (“IP”) address, browser type, geographical location, language, date and time of visit, how long you visit the Website and also which pages you visit. Waterford’s servers automatically record information sent by users’ browsers when users use the Website and Waterford may also collect information using cookies or similar technologies; and

1.3.9. device information: we collect information from and about the computers, phones and other web-connected devices you use to access the Website. For example, we use information collected about your use of the Website on your phone to better personalise the content or features you see when you use the Website on another device, such as your laptop or tablet. The information we collect about your device may include your hardware and software versions, operating system, browser type, plug-ins etc.

2. HOW WE USE AND PROCESS THE INFORMATION

These terms and conditions apply to any and all orders placed with Waterford Wines. By making any purchase on this website, you indicate your express agreement to be bound by these terms and conditions.

2.1. Waterford receives and stores all information, including personal information, which the user enters on the Website or which we collect in any other way.

2.2.1. to enable you to use the Website, process transactions on the Website, supply you with products ordered and to improve our products and services;

2.2.2. to operate, protect, improve and optimize the Website, our business and our users’ experience, provide customer service and to enable the updating of service standards;

2.2.3. to send you information requested by you and to comply with your request(s) relating to products ordered and/or delivery requirements;

2.2.4. to periodically send you promotional emails or other marketing information about new products, special offers or other information which we think you may find interesting, with your consent. You will however be given the option to cancel your subscription from any such mailing list;

2.2.5. for internal record keeping and administration purposes, to comply with our legal obligations, resolve any disputes that we may have with any of our users and to enforce our agreements with third parties; and

2.2.6. to help create and maintain a trusted and safer environment on the Website, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing our terms and conditions, verifying any identifications provided by you, and conducting checks against databases and information sources (such as, but not limited to, public government databases). In this regard, we may do any or all of the foregoing with or without further notifying you.

2.3. The user may choose not to provide certain personal information, but that may limit the service experience that the user wishes to obtain from Waterford. If users visit the Website without providing any personal information, the user grants his/her express written permission for the Website servers in such instances to collect the IP address of the user’s computer, but not the email address or any other distinguishing information. This information is aggregated (added up) to measure the number of visits, average time spent on the Website, pages viewed, etc. Waterford uses this information to determine use of the Website and to improve content. Waterford assumes no obligation to protect this information and may copy, distribute or otherwise use the information.

3. DATA RETENTION

3.1. We will only retain your personal information for as long as it is required for the purpose it was originally collected unless we are required to retain it longer by law, or you consent to us retaining such information for a longer period. We will therefore only retain your personal information for as long as there is a legitimate business need for us to do so. Personal Information will be destroyed once it has become obsolete (out of date or unusable).

3.2. The personal data provided to our service providers will be retained in accordance with these service providers’ data retention policies.

4. WHO MAY RECEIVE YOUR INFORMATION

4.1. Your information will not be sold, rented, traded or made known to any third party except as required/permitted by law or as otherwise set out in this policy.

4.2. We may use third-party service providers (such as Google Analytics, HubSpot, and WordPress) to help us operate our business and the Website or administer activities on our behalf, such as analysing the behaviour of users of the Website or sending out newsletters or surveys. We may share your information with these third parties for those limited purposes. The processing of information on this basis will always be based on our instructions and in compliance with our privacy policy and any other appropriate confidentiality and security measures we have set in place.

4.3. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

4.4. If you disclose your personal information to a third party, such as an entity which operates a website linked to the Website or anyone other than Waterford, Waterford shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party.

4.5. We encourage you to use caution when submitting information on the Website as Waterford does not control and does not accept responsibility/liability for the disclosure or use of personal information which is voluntarily posted by you on any publicly accessible area of the Website.

4.6. We reserve the right to, and you acknowledge, consent and agree that, Waterford access, preserve, use and/or disclose your personal information if required to do so by law or in a good faith belief that such access, preservation, use and/or disclosure is reasonably necessary: (a) to respond to claims asserted against Waterford; (b) to comply with legal process or order of court (for example, subpoenas and warrants), including legal process associated with national security and law enforcement; (c) to enforce and administer our agreements with users, such our terms and conditions and this privacy policy; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Waterford, its users or members of the public.

5. SECURITY

5.1. We will:

5.1.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

5.1.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

5.1.3. provide you with access to your personal information to view and/or update personal details;

5.1.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

5.1.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

5.1.6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

5.2. Our personnel will not process information without authorisation. Personnel are obliged to maintain the confidentiality of any information and this obligation continues even after they have stopped working with us.

6. LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION (EEA VISITORS ONLY)

6.1. If you are located in the European Economic Area (EEA), Waterford is the data controller in respect of the personal information collected via the Website.

6.2. We will only collect and process your personal information where processing is in our legitimate interest and where such interests are not overridden by your fundamental rights or data protection interests. These legitimate interests include collecting data analytics, which we use to develop our business, inform our marketing strategy and keep the Website updated and relevant.

6.3. There might also be certain cases where we are legally obliged to collect personal information from you. If we need to collect personal information from you in order to comply with a legal requirement, we will inform you of such requirement and also advise whether it is mandatory for you to provide the information and the possible consequences if you do not provide such information.

7. CONTROLLING YOUR PERSONAL INFORMATION / PRIVACY CHOICES

7.1. You may choose to restrict the collection or use of your personal information should you:

7.1.1. have previously agreed to us using your personal information and you wish to change your mind;

7.1.2. require details and/or copies of personal information which we hold about you; or

7.1.3. believe that any personal information we are holding on you is incorrect or incomplete.

7.2. Whenever you are asked to fill in a form on the Website, look for the box that you can click to indicate that you do not want to opt in to receiving direct marketing communications from us. Alternatively, if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at natalien@waterfordestate.co.za.

7.3. You have the right to have access to, and you may accordingly request details of, information which we collect, process and store about you by sending an e-mail to the above address.

7.4. Should your personal information change or if you believe that any information that we have in respect of you is incorrect or incomplete, please inform us and provide us with updates by sending us an e-mail to the above address as soon as possible to enable us to update and keep accurate your personal information. Any information found to be incorrect will promptly be corrected, updated or deleted – unless we have to keep that information for legitimate business or legal purposes.

8. COOKIES, ANONYMOUS IDENTIFIERS AND WEB BEACONS

8.1. The Website makes use of cookies to enhance users’ browsing experience. We may use cookies and anonymous identifiers for a number of purposes including to access your information when you sign in, keep track of your preferences, direct specific content to you, report on our user base and to improve the Website. We may also use cookies or anonymous identifiers when you interact with our affiliate service providers, if applicable. If you have used the Website then your computer or device may store an identifying cookie or anonymous identifier, which can save you time each time you revisit the site by accessing your information when you sign in to the Website.

8.2. Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information about you. You hereby agree that if you change the settings on your internet browser to block or restrict cookies, including cookies associated with the Website, or to indicate when a cookie is being set by Waterford, the Website may not work as intended. Note that, whilst you may still be able to use the Website if your cookies are disabled, it may not function properly on your device and you may not be able to take advantage of certain features on the Website. If you choose to not disable cookies on your web browser or opt-out, we will assume that you accept the use of cookies and our use of the information collected by it.

8.3. The Website also may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. We use this information collected off our site and share it with our advertising platforms to carry out marketing initiatives. All the information that we share is encrypted and we make sure that our third-party service providers comply with relevant data protection laws. We may share this information, including identifiers, that allow our advertising platforms to deliver targeted online advertising on social media and websites.

9. LINKS TO OTHER WEBSITES

9.1. The Website may contain links to other websites of interest. However, once you have used these links to leave the Website, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy policy.

9.2. Some of the content, advertising and functionality on the Website may be provided by third parties that are not affiliated with us. Such third parties may include:

9.2.1. advertising providers which help us provide advertisements that are tailored to users’ interests and understand how users respond to those advertisements;

9.2.2. audience-measurement companies, which help us measure the overall usage of the Website and compare that usage to other online services; and

9.2.3. social networking services (like Facebook, Twitter, LinkedIn and Instagram) that enable you to register and log into certain of our services and to share things you find on the Website with your social network.

9.3. These third parties may collect or receive information about your use of the Website, including through the use of cookies, web beacons and other technologies, and this information may be collected over time and combined with information collected on different websites and online services. It is important to remember that we do not control the privacy practices of these (or any other) third-party services.

9.4. We encourage you to exercise caution, read and consider the privacy policies/statements applicable to these services and/or the websites in question before connecting to them.

10. INTERNATIONAL USERS; GDPR

10.1. Waterford is based in South Africa and regardless of where you use or access the Website or products, your information may be transferred to and maintained on servers located in South Africa or elsewhere in the world. To the extent as permitted by applicable laws, please note that any information which we obtain about you will be stored in accordance with South African privacy laws, regulations and standards which may not be equivalent to the laws in your country of residence; and by using the Website, you consent to this collection, transfer, storage and processing of information to and in South Africa.

. 10.2 Notwithstanding the above, for all users whose personal information is subject to the GDPR, Waterford progressively ensures that its processing of personal information complies with the requisite provisions.

10.3. Under GDPR, persons in the European Union and the European Economic Area amongst others have the following rights:

10.3.1. the right to be informed: you are entitled to know how we use your personal information;

10.3.2. the right of access, correction and ratification: you have the right to know that your data is being processed and to have access to that data. If the information being processed is inaccurate or incomplete, you have the right to have that information corrected or deleted;

10.3.3. the right to erasure: you have the right to have your information erased in certain circumstances;

10.3.4. the right to opt out: if we process your personal information based on consent, you have the right to withdraw that consent at any time;

10.3.5. the right to lodge a complaint with a supervisory authority;

10.3.6. the right to restrict: you have the right to ask us to restrict the processing of your personal information;

10.3.7. the right to object: you have the right to object to the processing of your personal information; and

10.3.8. the right to data portability.

11. AMENDMENTS

11.1. We may update this privacy policy from time to time. Any changes which we may make to the privacy policy will be posted on the main page of the Website and the date of update at the end of this privacy policy will be revised or, where appropriate, you will be notified thereof in the appropriate manner.

11.2. We encourage you to frequently check this page for any changes in order to stay informed about how we are helping to protect the information we collect. By using the Website, you acknowledge and agree that it is your responsibility to review this privacy policy periodically and to be aware of any modifications thereto.

12. AVAILABLE CHANNELS REGARDING COLLECTION, USE AND DISTRIBUTION OF INFORMATION (OPT-OUT POLICY); CONTACTING US

Questions, comments and requests regarding this privacy policy are welcomed. If you have any questions regarding this privacy policy or about the Website’s information collection practices, please contact us at:
Waterford Wines (Pty) Ltd
www.waterfordestate.co.za
Upper Blaauwklippen Road, Stellenbosch
021 880 5309
natalien@waterfordestate.co.za.

This document was last updated on 17 March 2020.

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