Privacy Policy

1 Introduction

Howard Park Wines Pty Ltd (ACN 062 755 391) (trading as MadFish Wines) is committed to respecting your privacy and complying with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act). This privacy policy explains how we treat and use your personal information and may be updated from time to time.

In this policy, personal information is information or an opinion relating to an individual that can be used to identify that individual (Personal Information).

By using our website and agreeing to this privacy policy, you consent to everything stated in this policy in relation to your Personal Information.

2 Collecting personal information

We may collect your personal information including, but not limited to, the following:

(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b) information relating to any transactions that you enter into through our website or business (including your name, email address, age, address, telephone number, email address, bank or credit card details and consumer credit information);

(c) information that you provide when completing electronic forms on our website (including your name, age, email address, telephone number, other contact details and financial information);

(d) information that you provide for the purpose of joining the Burch Family Wine Club and subscribing to our email notifications and/or newsletters (including your name, age, telephone number and email address);

(e) information that you provide indirectly through correspondence through the “Contact Us” form, telephone conversations, emails, social media channels and from third parties; and

(f) information that you provide when using our website, or that is generated in the course of using those services.

Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.

3 Using Personal Information

Personal Information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

We may use your Personal Information to:

(a) administer our website and business;

(b) provide the products and services purchased by you, including delivery, processing payments, providing refunds and discounts;

(c) provide you with information about our products, events and/or special offers;

(d) personalise our website and services for you and enhance your customer experience;

(e) send statements, invoices and collect payments from you;

(f) to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties;

(g) verify that you are of legal drinking age in your jurisdiction (if applicable);

(h) send you non-marketing commercial communications;

(i) send you email notifications that you have specifically requested; and

(j) send you marketing communications relating to our business or the businesses of carefully selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you may inform us at any time if you no longer wish to receive marketing communications).

In some circumstances, the provision of information to us is mandatory. If you want to buy products from us and certain Personal Information is not provided (for example your name, age, contact details and delivery address), we may be unable to fulfil your order.

If you submit Personal Information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

4 Disclosing personal information

We may disclose your Personal Information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

We may share and disclose your Personal Information:

(a) to third parties where you consent to the use or disclosure;

(b) to the extent that we are required to do so by law;

(c) in connection with any ongoing or prospective legal proceedings;

(d) with courts, tribunals, regulatory authorities and law enforcement offices as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

(e) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(f) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and

(g) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this policy, we will not provide your Personal Information to third parties.

We require that all third parties, to whom we disclose Personal Information or who may have access to Personal Information, have appropriate controls to protect your Personal Information in a manner that is consistent with our privacy policy, including in relation to security and confidentiality. They must only use your Personal Information for authorised purposes.

5 Direct marketing

We may use or disclose your Personal Information, including contact details, to communicate directly with you to promote a product or service we consider may be of interest to you. We may also provide your details to third parties for specific marketing purposes.

You will be provided with an opt out option with respect to direct marketing should you wish to be excluded from receiving direct marketing communications at any time. You may opt out by selecting the unsubscribe option in the relevant communication (where applicable) or contacting us using the details set out below. Once we have received your opt-out request, we will remove you from our direct marketing programs as soon as reasonably practicable.

6 Retaining personal information

Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

We will retain documents (including electronic documents) containing personal data:

(a) to the extent that we are required to do so by law;

(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

7 Security of personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. However, we cannot guarantee the absolute security of your personal information. We use security precautions such as firewalls and passwords to protect your personal information.

The internet is not a secure environment. If you do use the internet to send us any information, including your email address, please be aware that it will be sent at your own risk. We cannot prevent the use or misuse of such information by others.

Our website may also contain links to other websites operated by third parties. Unless expressly stated otherwise, we are not responsible for the privacy practices or the content of those linked websites. The privacy policies that apply to those other websites may differ from our privacy policy, so we encourage individuals to read them before using those websites.

8 Amendments

We may update this policy from time to time by publishing a new version on our website. You should check this page periodically to ensure you are happy with any changes to this policy. We may notify you of changes to this policy through our website.

9 Third party websites

Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of third parties.

10 Accessing or correcting your Personal Information

You have rights under the Privacy Act to:

(a) request access to Personal Information we hold about you;

(b) ask us to update or correct any information that is inaccurate, incomplete, or outdated; and

(c) opt-out of receiving direct marketing communications from us.

You can exercise any of these rights by contacting us using the contact details provided on our website.

If you request access to your Personal Information or ask us to correct or update information about you, we may need to verify your identity. In some circumstances, there may be a valid reason for us to deny your request to access or correct your information. If we do this, we will provide you with an explanation.

If you are a registered member of the online Wine Club, you may access and update your profile information by logging into the service using your email address and password.

11 Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using details provided below. Please include your name, email address and/or telephone number and clearly describe your complaint.

If you are not satisfied that we can resolve your complaint you can raise your concern with the Office of the Australian Information Commissioner:


Phone: 1300 363 992


Mail: GPO Box 5218 Sydney NSW 2001
GPO Box 2999 Canberra ACT 2601

12 Cookies

Our website uses both persistent and session cookies. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either persistent cookies or session cookies and are described below:

(a) a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; and

(b) a session cookie will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer, giving you the choice whether to accept it or not. You may also delete cookies at the end of your browser session. Refusing or deleting cookies will have a negative impact on the usability of many websites.

13 Contact details

If you have any questions, feedback or complaints regarding our privacy policy, please contact us at:

Howard Park Wines
PO Box 283
Cowaramup WA 6284
Contact: David Stredwick
Telephone: (08) 9756 5200