Privacy Policy

Version Date - June 3, 2014


Cloudy Bay Vineyards Limited, New Zealand Company No. 271895 (the “Company” or “we”) is bound by the Information Privacy Principles set out in the Privacy Act 1993 (the “Act”).

This Privacy Policy applies to any personal information the Company collects from you, including via the website (www.cloudybay.co.nz) (the “Site”). The Company will only collect, use or disclose such personal information in accordance with the Act and this Privacy Policy.

In this Privacy Policy, “personal information” has the meaning set out in the Act.  Essentially, personal information is information about an identifiable individual.

1. Collection

1.1 Types of personal information collected

The Company will, from time to time, collect and use personal information.  The types of personal information collected and the purposes for which that personal information will be used will depend on the circumstances.

For example, the Company may collect personal information from you when you:

  • access the Site;
  • request certain documents or goods;
  • subscription to certain services or purchase of products or services; or
  • make a  services request or visit booking.

The personal information we collect may include your name, email address, physical address, telephone numbers, date of birth, gender, details of past transactions/requests you have made and such other information as required in the circumstances.  When you use our Site, we may collect usage information such as the IP address you are using, the name of your Internet service provider, your browser version, the website that referred you to us and the next website you go to, the pages you request, the date and time of those requests and the country you are in.

In addition to the types of personal information identified above, the Company may collect personal information as otherwise permitted or required by the Act and other relevant laws.

If you can’t, or won’t, provide the Company with the personal information it reasonably requires, the Company may be unable to provide you with the information, goods or services you have requested.

1.2 Purpose of collection

The Company may use or disclose your personal information for the purposes for which we collected it (and related purposes which would be reasonably expected by you), for other purposes to which you have consented and as otherwise permitted or required by law.  In general we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations.

Some of the specific purposes for which we collect, use and disclose personal information are set out in section 3.1 below.
In addition to the purposes set out in section 3.1, we may also use and disclose your personal information for the purpose of direct marketing to you where:

  • you have consented to us doing so; or
  • it is otherwise permitted by law.

Direct marketing involves us (or our related companies, contractors or agents) communicating directly with you for the purpose of promoting goods or services to you and to provide you with special offers.  Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS.  You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 7 of this Privacy Policy).

2. Right to access your personal information

Any person may seek access to personal information which the Company holds about that person and the Company will provide access to that information in accordance with the Act.  

There are certain exemptions which may apply to the provision of that information.  Further, we may require that the person requesting access provide suitable identification and, while there is no fee for requesting access to your personal information, we may charge you an administration fee for the preparation and provision of that information to you.

You also have the right to request the correction of personal information which the Company holds about you. If the Company refuses to correct any personal information about you, you may request that a note or statement regarding the correction requested be attached to your personal information.

You are also entitled, if relevant, to change your choices previously expressed via your account or using unsubscribe links contained in our prospecting messages sent by e-mail.

If you wish to access, correct or update personal information held by the Company, please contact the Company as described in section 7 of this Privacy Policy.

You are also entitled to object at no cost to the use of your personal data for commercial prospecting messages.

3. Management and use of personal information

3.1 Use of personal information

The Company may use your personal information for the following purposes:

  • sending you information about the Company and its activities and  advertising and marketing materials in compliance with your choice about commercial prospection;
  • handling of customer relation and prospects;
  • commercial segmentation, personalization of our services and communications;
  • statistics, studies and analysis, marketing, and improvement of the Site, products and services of the Company;
  • to perform the services you request, respond to queries and to book visits;
  • set-up of a personal account in compliance with your choices about commercial prospection;  and
  • such other purposes as indicated to you at the time we collected your personal information or as otherwise permitted by the Act.

Mandatory information must be entered in the information fields marked with an asterisk in the data collection forms. If these fields are not completed, we may not be able to address your query or to provide the services requested.

To express your preferences about commercial prospection or to change your previous choices, we invite you to consult the section “RIGHT TO ACCESS, CORRECT AND DELETE DATA AND TO OBJECT TO DATA PROCESSING” above mentioned.

3.2 Retention of personal information

Your personal information will be retained for a period appropriate to the purposes for which it was collected and as otherwise might be required by law. After such period, your personal information will be either de-identified or permanently destroyed in accordance with the Act and the Company’s document retention policies.

3.3 Disclosure of personal information

The Company may disclose your personal information to its related companies (including to its service providers) located anywhere in the world.  The Company may also disclose your personal information (including to entities located outside New Zealand):

  • where you have given your prior consent to such communication to a third party, and/or,
  • where the Company has to share such information with third parties in order to provide the products or service you have requested, or in order for the third parties to otherwise perform services for the Company (e.g. to provide website hosting and data storage services), and/or,
  • where the Company is required or authorised to do so by law or a court order (this may also include disclosure to certain government bodies such as law enforcement authorities and other emergency services organisations) or to third parties that require the information for law enforcement purposes or to prevent a serious threat to public safety, and/or
  • to companies that may use your personal information in order to tailor electronic advertising to you (e.g. on a webpage) in relation to our products and services, and/or
  • to our accountants, insurers, lawyers, auditors and other professional advisors, and/or
  • if we or our assets are acquired or considered for acquisition by a third party, that third party and its advisors, and/or
  • otherwise as permitted or required by law.

Where we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with this Privacy Policy and the Act.

If you post information to public parts of our Site or to our social media pages, you acknowledge that such information (including your personal information) may be available to be viewed by the public.  You should use discretion in deciding what information you upload to such sites.

3.4 OVERSEAS Transfer of personal information

Some of the third parties to whom we disclose personal information may be located outside New Zealand.  For example, we may disclose personal information to our related companies overseas (including entities of the Moët Hennessy group) and to their overseas service providers.

The countries in which these third parties are located will depend on the circumstances.  In the ordinary course of business we commonly disclose personal information to parties located in the European Union, Asia and the United States. Except in some cases where we may rely on an exception under the Act, we will take reasonable steps to ensure that such overseas recipients do not breach the Privacy Principles in the Act in relation to such information.

3.5 Data security and privacy

The Company will take reasonable steps to safeguard the security and privacy of personal information held by it from misuse, interference and loss and from unauthorised access, modification or disclosure.

However, the Company does not control each and every risk related to the use of the Internet and the Site, and therefore warns the Site users of the potential risks involved in the functioning and use of the Internet and the risk of unauthorised and fraudulent activities associated with the Internet.  Except to the extent liability cannot be excluded due to the operation of statute, the Company excludes all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or modification of your personal information.  Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights available to you under any applicable law.  Please notify us immediately if you become aware of any breach of security.

4. Cookies

Cookies are data files stored on your computer after you access certain websites (“Cookies”). The Company uses Cookies or similar files on the Site in order to facilitate your ongoing access, navigation and use of the Site which may be stored on your computer. These Cookies allow us to track usage patterns and to compile data that helps us to provide a better quality of service at the Site, improve our content and target advertising. The Company may transfer this data overseas to service providers we use from time to time.

These Cookies do not allow us to identify users individually and their duration is strictly limited to the duration of your browser session.

Unless you prefer to disable these Cookies as indicated below, the following Cookies will be placed on your terminal:

Technical name Description and Aim

BIGipServerMEP___POOL_CLOUDYBAY
__94_COUDYBAY-C-NZM

To manage a session

age-gate

To remember that the Age Gate was entered by a single user in order to avoid it to appear again and to request the country & birthdate.

cookie-consent

To remember that the single user consent the use of cookies in order to avoid it to appear again.

country_code, country_latitude, country_longitude, country_name

To remember the location of the single user to compare it to the Random Sailing videos display in the page Our Lifestyle, in order to show  the distance between this location and the user.

home-news

To remember the single user choice: closed the major news or event in order to avoid to show it again when the user come back at the home page.

sound

To remember the single user choice: user switched off / on the sound in order to keep the same behaviour on the other pages.

Bing Ads

To allow us to see which keywords in our Bing advertising account converted into sales. The Bing privacy policy can be found here: http://www.microsoft.com/privacystatement/en-us/BingandMSN/default.aspx

Facebook Custom Audience

Facebook Custom Audience is a service of Remarketing and Behavioral Targeting provided by Facebook, Inc. linking the activity of this application with the advertising network Facebook. Privacy Policy : https://www.facebook.com/about/privacy

Google AdWords Conversion

Google AdWords conversion tracking is a statistics service provided by Google, Inc. linking the data from the network of Google AdWords ads with the actions within this application. Privacy Policy : http://www.google.com/intl/it/policies/privacy

Google Dynamic Remarketing

They are remarketing and behavioral targeting tools connected with Google Advertising Network to link the activity outlined by Ananlytics during the website surfing to AdWords and Doubleclick network, in order to show the most relevant advertisements to users’ interests. Privacy Policy : http://www.google.com/intl/en/policies/privacy

Tag Google 

Google Tag Manager is an analytics service provided by Google Inc. Privacy Policy : http://www.google.com/intl/en/policies/privacy

5. Changes to our privacy policy

The Company may make changes to this Privacy Policy at any time and for any reason. At any time the latest version of our Privacy Policy is available from the Site. The Company may, but is not obliged to, inform you of such changes, via a special message on the Site, via email or via a customised notice, for example when we send you newsletters.

6. Persons under legal alcohol consumption and purchasing age

Access to the Site is governed by the Terms and Conditions. The Company does not permit persons who are under legal alcohol consumption and/or purchasing age in their country of residence to use the Site and such persons must not fraudulently misstate their age to obtain access to the Site or in providing us with any personal information. For New Zealand residents, only those aged 18 years and over may access and use the Site.

7. Contact us

If you wish to access and update your personal information, or if you have any queries or complaints regarding the collection, use or disclosure of your personal information or if you believe we have not complied with this Privacy Policy or the Act, please contact us at: info@cloudybay.co.nz.

When contacting us please provide as much detail as possible in relation to your question, comment or complaint.

The Company will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving the issue in a timely and efficient manner.  We request that you cooperate with us during this process and provide us with any relevant information that we may need.

If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Privacy Commissioner (click here for information).