BROWN-FORMAN AUSTRALIA PRIVACY POLICY

BROWN-FORMAN AUSTRALIA PRIVACY POLICY

LAST UPDATED:  21 August 2016

We respect the privacy of every individual who visits our websites.  This Privacy Policy (the “Privacy Policy”) describes our practices in connection with Personal Information collected through this website www.brownforman.com.au (“Website”).

1.     By Entering This Website You Agree to The Terms of The Privacy Policy.

This Website is operated by Brown-Forman Australia Pty Ltd ABN 87 000 064 086 (“Company”), and any Personal Information collected through this Website is controlled by Company, an affiliate of the Brown-Forman Corporation (“BFC”). From time to time, Company may be related to other entities including Brown-Forman Corporation (“related entities”) and this Privacy Policy applies if your Personal Information is dealt with by those related entities in the same way as though references to Company were references to those related entities. Company wants you to be familiar with how we collect, use and disclose Personal Information in accordance with applicable data protection laws, including the Privacy Act 1988 (Cth) (“Privacy Act”).

Company may revise the Privacy Policy at any time by updating this posting.  You can determine when the Privacy Policy was last revised by referring to the “LAST UPDATED” legend at the top of the Privacy Policy. Your continued use of the Website will be deemed acceptance of the updated or amended Privacy Policy.  If you do not agree to the changes, you should cease using this Website.

Except as stated in Section 3 of this Privacy Policy, if there is any conflict between this Privacy Policy and specific provisions appearing elsewhere on the Website, then this Privacy Policy shall prevail.

Persons under legal drinking age are not allowed.

Company maintains this Website for the use of individuals who are of legal age to consume alcoholic beverages under applicable law.  You must be of legal drinking age where you reside to access the Website or provide information to us, and you must be in a location where access to this Website is permitted.  We do not solicit or knowingly collect personal information from persons under such legal drinking age, and we do not knowingly market our products or services to persons under such legal drinking age.

2.     What Types of Personal Information Does Company Collect?

Personal Information” as used in this Privacy Policy is information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable.

When you entered our Website you were required to provide date of birth and possibly country of residence.  We do not store this information unless you voluntarily provide it to us by registering on this Website, placing an order or through some other affirmative action, although this information may be placed in a temporary cookie (see “Cookies” below in this Section 2).  You do not have to provide additional personal details to browse most areas of the Website.  However, in order for you to place an order or take advantage of particular opportunities provided through the Website (for example, to sign up for brand information, a prize draw or contest, or to request certain information from Company), we will require that you provide certain Personal Information, and we may request certain additional information that you provide voluntarily.  Examples of such Personal Information are name, date of birth, postal address, telephone number, e-mail address, billing and shipping addresses and when associated with you: gender, household information, consumption habits, product usage, and attitudes and preferences regarding our products.  We will only collect and process your credit/debit card details for the purposes of processing your order via our third party payment service provider’s systems. We may aggregate Personal Information in a manner such that the end-product does not personally identify you or any other user of this Website, for example, by using Personal Information to calculate the percentage of our users who have a particular postal code.  To the extent that aggregated information does not constitute 'Personal Information' under the Privacy Act it is not considered Personal Information for the purposes of this Privacy Policy and, because it does not personally identify you, it may be used for purposes beyond those set out in this Privacy Policy.

When you visit and interact with the Website, Company, and third parties with whom Company has contracted to provide services (for example, to assist us in 0perating the Website), may collect data such as your Internet Protocol (IP) address, operating system and browser type, or your general Internet usage. However, none of this information is stored in your specific consumer record.  We collect and store this information in the aggregate only.  Such information is generally collected from the following sources:

(a)  Server Log Files.  We use W3C* compliant extended log files when recording web-server activity on our web servers including, for example, the IP address (a number automatically assigned to the computer that you are using by your Internet Service Provider), time and date of request, page requested, user agent, referrer and cookie values sent or received.  The server log files are collected and analyzed to provide information about user activity in the aggregate and identify potential errors or problems with website performance.  Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.  *W3C is an international consortium that develops web standards and guidelines.  Further information is available at www.w3c.org.

(b)  Environmental Variables.  We and our service providers may also collect certain environmental variables, such as your computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version.  These environmental variables are collected by most browsers and can be used to optimize your experience on the Website.

(c)  Cookies.  Please read our Cookie Policy by clicking here.

(d)  Pixel Tags.  We and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some Website pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Website usage and response rates.  A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Website visitors and may be associated with Cookies on the visitors’ hard drives.  When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.

Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you.

3.     How Does Company Use and Share Information Collected From Me?

Personal Information will be used and held by Company and may be used or held by BFC and its affiliated companies www.brown-forman.com/10kfiling and their agents or partners who will provide services to Company, including but without limitation our third party processing and order fulfillment partners.  Unless permitted or required to by law (including the Australian Privacy Principles), we will not share, sell, exchange or otherwise distribute your Personal Information to unaffiliated third parties (other than those listed above) without your consent or as set out below:

(a)  Fulfillment of Requests.  Company may use Personal Information you provide for the purposes of carrying out your requests submitted through the Website, including to send you brand information or process transactions or respond to your inquiries or requests.

(b)  Administrative Communications.  From time to time we may use Personal Information to send to you important information regarding the Website.  Because this information may be important to your use of the Website, you may not opt out of receiving such communications.

(c)  Other Communications (including marketing).  We may use Personal Information to contact you by post, e-mail, telephone or SMS, to promote, to consider ways of improving, and to send you information about, Company's products and services.  If you do not wish to receive further promotional material, you can unsubscribe by clicking the link in that communication (where provided), or by sending us an e-mail (see details in Section 9 below).

You consent to us using your Personal Information for sending you information, including promotional material, about us or our products or services, as well as the products and services of our related entities and third parties, now and in the future. You also consent to us sending you such information by means of direct mail, email, SMS and MMS messages.

If you do not want to receive marketing information from us or you want to stop receiving marketing information from us, you can do so in any of the following ways:

(a)  clicking on the 'Unsubscribe' link in a direct marketing email that you have received from us;

(b)  logging into your account on the Website and editing your communications preferences; or

(c)  contacting us using the contact details specified in Section 9.

(d)  E-mails to Friends.  In the event that we offer the functionality to permit you to send messages regarding Website-related content to a friend through the Website, you may provide us with your friend’s e-mail address so that we can facilitate your sending a message to your friend; provided, however, that we reserve the right to refuse to facilitate the message for any reason, including without limitation restrictions placed on this functionality by your jurisdiction or that of your friend.  Company may retain your friend’s email address but will use your friend’s address only as described in this Privacy Policy and will not send additional promotional messages to your friend unless your friend registers with us (or has registered previously).  Please note that any Personal Information you provide in connection with your request to send messages to your friend may be disclosed to your friend.

(e)  Promotions.  We may operate prize draws, contests and similar promotions (collectively, “Promotions”) through the Website.  We typically ask you for certain Personal Information when you enter and, if applicable, win a Promotion.  We may share the Personal Information you provide with individuals or entities involved with the promotion or as otherwise specified in the rules applicable to the particular Promotion.  You should carefully review the rules, if any, of each Promotion in which you participate through the Website, as they may contain additional important information about Company’s use or disclosure of Personal Information.  To the extent that the terms and conditions of such rules concerning the treatment of Personal Information conflict with this Privacy Policy, the terms and conditions of such rules will prevail to the extent of any inconsistency.

(f)   Internal Business and Statistical Analysis.  We may use Personal Information for our internal business purposes, such as quality assurance, data analysis, audits or targeted promotions.  In addition, we may also use it to enhance our information and to aid us in providing our customers with targeted promotions.  We use Personal Information to estimate our audience size and usage pattern and to recognize you when you return to our Website.

(g)  Affiliated Entities.  To fulfill the purposes outlined in this Privacy Policy, we may share Personal Information on a need to know basis with personnel at our affiliated entities in the European Economic Area (including the United Kingdom), Switzerland or with BFC in the USA.

(h)  Service Providers.  We may share Personal Information with third party service providers for the purpose of enabling these third parties to provide services to us (“Service Providers”).  Service Providers may include customer support specialists, web hosting providers, customer data management and list enhancement companies, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms and email service providers and other third parties and contractors that provide services to us to through us. Service Providers may be provided with access to Personal Information needed to perform their functions. Some of your Personal Information may be transferred, stored, processed or used overseas by us or by third party Service Providers.  This may happen if we outsource certain activities overseas or if transactions, information, services or products have an overseas connection.  You consent to the collection, use, storage, and processing of your Personal Information outside of Australia.  In particular, your Personal Information may be disclosed to third party service providers which may store your Personal Information in Australia, Europe, the United Kingdom, and such other countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy, without us being responsible under the Privacy Act 1988 (Cth) for such use (or for any breach).  In these circumstances, you consent to the collection, use, storage and processing of your Personal Information in those countries.  Where such parties are located overseas, you may have rights to enforce such parties' compliance with applicable data protection laws, but you may not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your personal information.

(i)   Information Posted by Visitors.  Company may make available through the Website services such as message boards to which you are able to post information, photos, images and other materials.  Please note that any information, photos, images or materials you disclose through such services or otherwise on the Website (“Content”) becomes public information, and may be available to visitors to the Website all over the world and to the general public.  In addition, when you choose to make a posting on such services, certain Personal Information will be available for other users to view.  We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other information, on the Website.  WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE WEBSITE. In addition, you must not submit Content that includes the Personal Information of another person without first making them aware of this Privacy Policy and obtaining their consent.

(j)   Assignment.  We reserve the right to transfer any and all information that we collect from Website users to another company or entity in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Company’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

(k)  Law Enforcement; Emergencies; Compliance.  We reserve the right to disclose Personal Information to others  (a) to comply with legal process; (b) to respond to requests from government or other public authorities;  (c) to protect the rights, privacy, safety or property of Company, you or others; and (d) to permit us to pursue available remedies or limit the damages that we may sustain.

We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, but we have no obligation under this Privacy Policy to monitor the use of the Website or to retain the content of any user session.

You consent to us using your Personal Information in the ways set out in this Privacy Policy.

We may collect and use your Personal Information for other purposes not listed above. If we do so, we will make it known to you at the time we collect or use your Personal Information.

We do not otherwise collect, use or disclose your Personal Information without your permission, unless the collection, use or disclosure is:

(1)  in accordance with this Privacy Policy or any agreement you enter into with us; or

(2)  required or authorised by law, including without limitation the Australian Privacy Principles under the Privacy Act.

If you choose not to provide your Personal Information for the purposes set out in this Privacy Policy, we may not be able to provide you with products or services and you may not be able to access some of the functionality of the Website.

4.     Third-Party Websites.  

The Website may contain links to third-party websites.  These linked websites are not under Company’s control, and we are not responsible for the privacy practices or the contents of any such linked website or any link contained in any linked website.  We provide such links only as a convenience, and the inclusion of a link on the Website does not imply endorsement of the linked website by Company.  If you provide any Personal Information through any such third-party website, your transaction will occur on the third party's website (not this Website) and the Personal Information you provide will be collected by and controlled by the privacy policy of that third party.  We recommend that you familiarize yourself with the privacy policies and practices of any third parties.  PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES (OTHER THAN BROWN-FORMAN CORPORATION AND OUR RELATED ENTITIES).

5.     Information Related to Employment.

If you choose to submit your resume or apply for a position with us through this Website, we will use (and transfer, if necessary) the information you provide in order to evaluate your experience as it relates to potential employment opportunities with Company or our affiliated companies throughout the world and may disclose the information to our Service Providers in connection with such purposes. We may also contact your referees and disclose the fact that you have applied to a position and collect further Personal Information about you from them. We will also use the information to contact you regarding any positions for which we believe you may be interested in submitting an application or other opportunities at Company or our affiliates that we think may interest you.

6.     Security.

We have security measures and tools, such as firewalls, in place to help protect against the loss, misuse and alteration of the information under our control.  Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  Please do not send us Sensitive Information (as that term is defined in the Privacy Act) in an email.

Online purchases take place safely, using the latest internet security technology to protect our customers. We accept orders only from web browsers that can use Secure Socket Layer (SSL) technology - this means you cannot inadvertently place an order through an unsecured connection. Most web browsers now support this.

When you become a registered user, we ask for your name, address, date of birth and phone number. We also ask for your credit or debit card number and its expiry date. Your order history information is maintained in order to service your account.

Credit card transactions may be subject to routine searches from time to time. We undertake these searches in order to detect and prevent fraud.

In the unlikely event that we believe the security of your Personal Information in our possession or control may have been compromised, if appropriate, we may try to let you know as promptly as possible. If we have your email address, we may do this by email. You are reminded that, in accordance with the Terms of Use, which include this Privacy Policy, you are responsible for maintaining the strict confidentiality of your account password and for any activity under your account and password. It is your sole responsibility to control the dissemination and use of your password, to control access to and use of your account, and to tell us when you wish to cancel your account.  

If false or inaccurate information is provided and fraud is detected, details will be passed to eBay Enterprises and their fraud prevention agency, or such other Service Provider to us as appropriate. Law enforcement agencies may access and use this information.

7.     Retaining Personal Information.

We retain Personal Information about you for the period necessary to fulfill the purposes outlined in this Privacy Policy unless you have registered with us or a longer retention period is required or permitted by applicable law.

8.     Your Rights

You may request access to or information as to the Personal Information we hold about you.  Where appropriate, you may also object to us processing certain types of information for certain types of purposes or you may require correction and/or deletion of the Personal Information we hold about you.  You can also exercise the right at any time by contacting us (see details in Section 9 below).  We may require you to prove your identity and supply details in order to identify the Personal Information.  

You may also opt-out of receiving marketing communications from us by contacting us (see details in Section 9 below).  Please specify the means of communication from which you would like to opt-out.  Otherwise, you may not get the communications you would otherwise expect to receive from us.

If you have a complaint about the Company's collection of Personal Information, or believe that the Company has breached the Australian Privacy Principles, you may contact us (see Section 9 below). The Company will endeavor to acknowledge and resolve any complaint within a reasonable time frame. We will notify you of the resolution of your complaint. If you are not satisfied with the Company's resolution of your complaint, you may take your complaint to the applicable regulator in your jurisdiction.

9.     Contacting Us.

If you have any questions regarding this Privacy Policy, wish to contact us for reasons described in Section 8 or elsewhere in this Privacy Policy or want to opt-out of receiving promotional communications, please contact us by e-mail at [email protected], by postal mail at: Locked 5011, Strawberry Hills NSW 2012, AUSTRALIA, Attention: Privacy Officer. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit or other payment card information or other sensitive information in your e-mail correspondence with us. 

 

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