This Privacy Policy describes how www.moutai.com.au (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Collecting Personal Information

Evershine Australia Trading Pty Ltd ABN 87 104 375 546 and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) (Moutai, Moutai Australia, we, our and us) is committed to responsible privacy practices and to complying with the Privacy Act 1988 (Cth) (the Privacy ).

This policy describes how we manage personal information including how we collect personal information, both offline and online (including through the website www.drinkfab.com.au (the Site)), the purposes for which we use this information, and to whom this information is disclosed. Where applicable, we will rely on the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation.

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support.

In this policy, "personal information" has the meaning set out in the Privacy Act. Essentially, personal information is information or an opinion about an individual who is identified or reasonably identifiable. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Kind of personal information we collect and hold

Device information

• Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.

Order information

• Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, your account details of third party payment such as but not limited to Paypal) , email address, and phone number. Order recipient details other than you such as name, shipping address, email address and phone number.
• Source of collection: collected when you place an order with us, either as guest user or logged in your account.

Customer support information

• Personal Information collected: Any other information provided by you.
• Source of collection: collected from you through contact us form, email and other form of

Any other kind of information

• information you provide us through customer surveys; your preferences and opinions;
• details about products and services you have purchased from us including any enquiries in relation to our products and services and our responses to your enquiries;
• if you are a contractor or a prospective employee, your employment history and educational qualifications;
• and any other personal information requested by us or provided by you or a third party.

We may also collect other kinds of personal information as permitted or required by law.

To access and use our website, you must be over 18 years of age.

Other way we may collect your personal information

• via our Site or when you deal with us online (including through social media);
• when you subscribe to our newsletters, register for account, fill out forms or surveys or enter into or participate in our promotions; when you call us, write to us or visit us in-store;
• from publicly available sources; and from third parties (for example, from the person who ordered the products, if you are a recipient of any products purchased through the Site by a third party;
• or are accepting delivery or such products;
• or from referees, if you apply for a position as an employee or contractor with us).

Purpose for which we collect, hold, use and disclose personal information

The purposes for which we collect, hold, use and disclose personal information include the following:

• to provide products or services to you to fulfill our contract;
• to process your payment information;
• to provide you with invoices and/or order confirmations;
• to screen our orders for potential risk or fraud;
• to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
• to enable you to access and use our Site;
• to contact and communicate with you;
• for analytics and market research including to improve our Site and the services offered on our Site;
• for direct marketing including to send you news, information about our activities and general promotional material which we believe may be useful to you;
• to monitor who is accessing our Site or using services offered on the Site;
• to profile the type of people accessing our Site;
• to enable the delivery of products sold through the Site;
• to provide customer support;
• and to consider your employment application or a contracting position with us.

We may also use or disclose your personal information for other purposes to which you have consented or as otherwise permitted or required by law.

You can unsubscribe from our direct marketing by contacting us using the contact details below or following the instructions in a direct marketing communication.

Minors

The Site is not intended for individuals under the age of 18 years. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal Information

We may disclose your personal information to third parties in connection with the purposes described above. We may also disclose your personal information between companies within the DMG Fine Wine Group, including for the purpose of direct marketing.

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. This may include disclosing your personal information to the following types of third parties:

• service providers who assist us with our activities, such as postal companies, couriers, website hosts, IT back-up service providers, and other IT or payment service providers;
• our other contractors (including marketing agencies, insurance providers and professional advisers, IT consultants and Developer);
• any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
• in the unlikely event that FAB Drinks and Provisions (or any companies in its group) or any of their assets may be acquired or considered for acquisition by a third party, that third party and its advisors;
• third parties that require the information for law enforcement or to prevent a serious threat to public safety; and otherwise as permitted or required by law.

Where we disclose your personal information to third parties with whom we have a business relationship 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 the Privacy Act, for example by (where commercially practical) including suitable privacy and confidentiality clauses in our agreement with a third party service provider to whom we disclose your personal information. To assist us in improving our products and services, we monitor aggregated data that is collected by our Site and may share this with third parties collectively and in an anonymous way. This data will not reveal personal information.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

Please note that we use the following third parties to process your personal information:

• Google Analytics;
• Facebook Pixel;
• Google Console;
• Google AdWords;

You can opt out of targeted advertising by:

• FACEBOOK - https://www.facebook.com/settings/?tab=ads
• GOOGLE - https://www.google.com/settings/ads/anonymous
• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

We recommend that you also review the privacy policies of the above entities to see how they manage personal information.

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

• Your consent;
• The performance of the contract between you and the Site;
• Compliance with our legal obligations;
• To protect your vital interests;
• To perform a task carried out in the public interest;
• For our legitimate interests, which do not override your fundamental rights and freedoms.

Storage and security

We will take reasonable steps to keep any personal information we hold about you secure and to protect it from unauthorised access, modification or disclosure and from misuse, interference and loss.

Among other techniques, we usually:

• store information behind our "firewall" in a secure location; and
• restrict the number of employees who can have access to such information.

However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information. Nothing in this policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). Please notify us immediately if you become aware of any breach of security.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. We will destroy or de-identify personal information which we no longer require for the purposes under which it was collected provided that there is no legal requirement for us to retain the personal information. For more information on your right of erasure, please see the ‘Your rights’ section below.

How you may access personal information we hold about you and seek correction of it

You may seek access to personal information which Handpicked holds about you by contacting us using the contact details below. We will provide access to that information in accordance with the Privacy Act, subject to certain exemptions which may apply. We may require that the person requesting access provides suitable identification and where permitted by law we may charge an administration fee for granting access to your personal information. If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please contact us using the contact details below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

• Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
• Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Reporting and Analytics

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. At any time, the latest version of this policy is available on our Site at www.drinkfab.com.au

How you may complain about a privacy breach

If you have any questions, concerns or complaints about our collection, use or disclosure of personal information, or if you believe that we have not complied with this policy or the Privacy Act, please contact us using the contact details below.

We will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any 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.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email address] or by mail using the details provided below:

Moutai Australia Privacy Officer

PO BOX 20723 World Square NSW 2002, Australia

Phone: (02) 9475 7888

Email: account@evershine.com.au

Last updated: [15th November 2023]