Privacy Policy

Privacy Policy

Welcome to the privacy policy of Athletic Brewing Co. Australia Pty Ltd (ACN 647 284 651) (Athletic Brewing, we, us or our) Athletic Brewing  respects your privacy and is committed to protecting your personal data.

We collect, use, store, manage and disclose your personal data in accordance with this privacy policy and otherwise in accordance with the Australian Privacy Principles set out in the Australian Privacy Act 1988 (Cth).  This privacy policy will also inform you about your privacy rights in Australia.

Our associated entities may operate in jurisdictions other than Australia and where applicable, how we collect, use, store, manage and disclose your personal data will be set out in our privacy policy for that jurisdiction and your privacy rights will be governed by the respective privacy and personal data protection legislations in such jurisdiction.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

  1. [IMPORTANT INFORMATION AND WHO WE ARE]
  2. [THE DATA WE COLLECT ABOUT YOU]
  3. [HOW IS YOUR PERSONAL DATA COLLECTED?]
  4. [HOW WE USE YOUR PERSONAL DATA]
  5. [DISCLOSURES OF YOUR PERSONAL DATA]
  6. [INTERNATIONAL TRANSFERS]
  7. [DATA SECURITY]
  8. [DATA RETENTION]
  9. [YOUR LEGAL RIGHTS]
  10. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Athletic Brewing collects and processes your personal data through your use of this website, including any data you may provide through this website, our social media site, when you contact us for information, sign up to receive updates from us, or make a purchase through our online store.

Our website is not intended for children and we do not knowingly collect data relating to children. We encourage parents and guardians to take an active role in their children’s online activities and interests and do not let their children submit personal data to us.

It is important that you read this privacy policy together with our cookie policy any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us at privacy@athleticbrewing.com.

Full name of legal entity: Athletic Brewing Co. Australia Pty Ltd

Postal address: Level 16, 1 Market Street, Sydney, NSW 2000, Australia

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. Please note that this privacy policy may be updated or revised from time to time without notice and changes will apply immediately. Changes to this privacy policy will be published by posting an updated privacy policy on our website.  Therefore, you should review our privacy policy regularly to ensure you are familiar with any changes. 

If you do not agree with the changes to our privacy policy, please notify us immediately in writing. Unless we hear from you, or if you continue to use our website or social media sites, you are taken to have accepted the changes to our privacy policy.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their conduct, privacy policies or statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

  1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified or reasonably ascertained and may include an opinion about the individual. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes your name, username or similar identifier, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website, in accordance with our cookie policy.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses, and social media interactions with us.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not generally collect sensitive information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

You have the option of not disclosing personal data to us or to use a pseudonym when dealing with us in relation to a particular matter. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

  1. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our products or services;
  • create an account on our website;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. You can adjust your preferences at any time using the cookie settings tool on our website.  Please see our cookie policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below.

Technical Data from the following parties:

  • Analytics, search information, and advertising network providers such as Google;
  • Social media providers such as Facebook, Twitter and Instagram;
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  1. How we use your personal data

We may use the personal data you provide to us for the purposes for which it was initially collected or purposes related to such initial purpose (if such purpose would be within your reasonable expectations)Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you, such as when you purchase products form our online store.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

Purposes for which we will use your personal data

We have set out below a description of some examples we intend to use your personal data.

Purpose/Activity

To register you as a new customer for performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

To enable you to partake in a prize draw, competition or complete a survey

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

To make suggestions and recommendations to you about goods or services that may be of interest to you

To process an application for employment with us

 

Opting out of marketing messages

By supplying us with your personal data, you give us permission to use your personal data to contact you to inform you about products and services we think would be of particular interest to you, including from other businesses operated by or related to us. This may include contacting you through direct marketing, events and competitions, public relations and social media. You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, some parts of our website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy .

Change of purpose for which we use your personal data

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason would be reasonably expected by you. We may also use your personal data for purposes authorised by laws or regulations, such as to prevent or investigate alleged crime or fraud. 

  1. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table [Purposes for which we will use your personal data] above:

Other members of the Athletic Brewing Group.

Our service providers: We may disclose your personal data to third party service providers who assist us in providing goods and services to you.  We require our service providers to respect the security of your personal data and to treat it in accordance with the law and only permit them to process your personal data for specified purposes and in accordance with our instructions.  For example, we use third party service providers for:

  • Hosting our website;
  • Processing your order and payment when you purchase goods from us;
  • Fulfilling and delivering your order;
  • Providing online customer service and chat functionality on our website;
  • Providing analytics information;
  • Sending communications to our customers;
  • Preventing fraud and helping to keep our website secure.

Professional advisers: We may need to share personal date with our advisers including, lawyers, auditors, bankers, and insurers.

For corporate transactions: If we choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

When required by law: We may share personal data if we are also under a duty to disclose or share your personal data in order to comply with any legal obligation, or to protect the rights, property, or safety of our business, our customers or others.

To enforce our legal rights:

  • If disclosure would mitigate our liability in an actual or threatened lawsuit;
  • As may be necessary to protect our legal rights and legal rights of our users, business partners or other interested parties;
  • To enforce our agreements with you; and
  • To investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
  1. International transfers

We will share your personal data within the Athletic Brewing Group. This will involve transferring your data outside of Australia, including to United States, Canada, the United Kingdom and the European Union.

Whenever we transfer your personal data out of Australia, we ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented.  Where we use certain service providers, we may implement specific protections including standard contracts clauses approved for use when transferring personal data to those jurisdictions. However, the countries in which the personal data is received may or may not have data protection laws equivalent to those in force in Australia.

  • You acknowledge and agree to such international data and information transfers with respect to personal data. Clause 8.1 of the Australian Privacy Principles contained in Schedule 1 of the Privacy Act provides that if we disclose personal data about an individual to an overseas recipient, then we must take such steps as are reasonable in the circumstances to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to such information. An exception to this is if we obtain your consent.  We intend to rely on this exception in the following way .  Unless you notify us in writing to the contrary, you will be taken to have consented to the disclosure by us of personal data to overseas recipients on the basis that:clause 8.1 of the Australian Privacy Principles will not apply to such disclosure;
  • if the overseas recipient engages in any act that contravenes the Australian Privacy Principles, you will not be able to seek redress under the Privacy Act;
  • the overseas recipient may not be subject to any privacy obligations or to any principles similar to the Australian Privacy Principles;
  • you may not be able to seek redress in the overseas jurisdiction; and
  • the overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.
  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, interfered with or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

We store your personal data in the cloud.  Since no system is 100% secure or error-free, we cannot guarantee that your  personal data is totally protected, for example, from hackers or misuse.  Except to the extent that liability cannot be excluded or limited due to applicable law, we assume no liability or responsibility for disclosure of your Personal Information due to unauthorised third party access, errors in transmission or other causes beyond our control. 

If you enter or upload personal data on our website, you should exercise due care to safeguard any passwords and usernames you create.

  1. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

  1. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

  • [Right to request access to your personal data].
  • [Right to request rectification of your personal data].
  • [Right to withdraw consent].

If you wish to exercise any of the rights set out above, please contact us at privacy@athleticbrewing.com.  We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.  

We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within a reasonable timeframe, and generally no later than one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

YOUR LEGAL RIGHTS

Right to request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. In some circumstances, we may not be in a position to grant access to your personal data, such circumstances include where:

  • providing access is likely to pose a serious threat to the safety of an individual or the public;
  • providing access is likely to unreasonably impact on the privacy of others;
  • the request for access is frivolous or vexatious;
  • providing access would reveal information which relates to existing or anticipated legal proceedings or otherwise impact on any negotiations;
  • providing access is unlawful (including being unlawful as directed by a court or tribunal order) or is likely to impact on actions being taken in relation to alleged unlawful activities relating to our functions and activities; or
  • granting access would impact on a commercially sensitive decision-making process.

 

Right of rectification – You have the right to ask us to rectify personal data you think is inaccurate.  You also have the right to ask us to complete information you think is incomplete.

Withdraw consent at any time – Where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will endeavour to advise you if this is the case at the time you withdraw your consent.

You also have the right to make a complaint at any time to the Australian Privacy Commissioner, for privacy  issues (www.oaic.gov.au). We would, however, appreciate the chance to deal with your concerns before you approach the Privacy Commissioner so please contact us in the first instance.

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