1. Introduction

1.1. This Privacy Notice (the ‘Notice’) explains the personal information we collect from you, either directly or indirectly including on our website at https://www.pinaroch.co.za/ (the 'site'), and how we will use it. The Notice also explains the choices you can make about the data we collect, and how you can control these decisions.

1.2. Whisky Auctions (Pty) Ltd. is the controller and responsible for your personal data. “Pinaroch”, " Whisky Auctions SA", "we", "our" and "us" refers to Whisky Auctions (Pty) Ltd. t/a Pinaroch.

1. 3. Questions about this Notice should be sent to us at info@whiskyauctions.co.za

1.4. We reserve the right to amend this Notice from time to time without notice and at our sole discretion. You should review this Notice at regular intervals.

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

2. The types of personal information we collect and how we use it 

2.1. In this Notice we use the term personal information to mean any information that relates to an identifiable individual. It does not include data where the identity has been removed (anonymous data).

2.2. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

2.2.1. Where we need to perform the contract we are about to enter into or have entered into with you.

2.2.2. Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests.

2.2.3. Where we need to comply with a legal obligation.

2.3. The table below shows what personal information we collect, where we get it from, how we use it and our legal basis for doing so. 

Source Data Type Purpose Legal Basis

Directly from you

• Name

• Surname

• Email address Pre-registering you as a user on the website Performance of a contract with you

2.4. We also might collect and use aggregated data such as statistical or demographic data for any purpose. aggregated data could be derived from your personal information but 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 information which will be used in accordance with this Notice.

2.5. Where we need to collect personal information 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.

3. Marketing 

3.1. We use the data we collect to provide you with the services we offer, which includes using data to improve and personalise your experiences. We also use the data to communicate with you, for example, informing you about our monthly auctions.

3.2. We provide you with choices regarding certain personal data uses, particularly around marketing and advertising. For information about managing email subscriptions and promotional communications, please visit your account page.

4. Change of purpose

4.1. We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

4.2. If we need to use your personal information for an unrelated purpose, we will inform you and we will explain the legal basis which allows us to do so.

5. How we may share personal information

5.1. We do not and will not sell personal information about our customers to other organisations for marketing purposes. We only disclose your data as described in this Notice.

5.2. We may share information with the following types of third parties:

5.2.1. Third party vendors: We uses a variety of third-party vendors to carry out services like site management and hosting, shipping of items won on auction to buyers, debit/credit card processing and email communications. We only share your personal information as necessary. In this case, your personal information will be shared with these agents or contractors but only for the purpose of performing services on behalf of Whisky Auctions and in accordance with this Notice.

5.5.2. Compelled disclosure: When legally required, strictly necessary for the performance of the services or to protect our rights, or the rights of our affiliates or users, we disclose your personal information to law enforcement authorities, investigative organisations or in legal proceedings.

5.2.3. Sale or merger: We may share your personal information in the event of a merger, acquisition, or sale of all or a portion of our assets. We will inform you of any transfer via email and/or a prominent notice on our site and inform you of your rights.

5.3. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information in accordance with our instructions.

6. Payments

6.1. When you make a payment to us, we will direct you through our third party payment provider. Please see the Payfast privacy policy here.

7. Security

7.1. We committed to protecting the security of your personal information. However, while we take reasonable precautions to guard the personal information we collect, no security system is impenetrable.

7.2. We take precautionary measures to help prevent information about you from loss, theft, misuse and unauthorised access, disclosure, alteration and destruction. For example, your data is protected with encryption during transition over the Internet. Please note, your password cannot be recovered (or disclosed) by anyone, including us, it can only be reset.

7.3. You can only access your Pinaroch account information and our service through the use of an individual user login and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Please inform us immediately if you believe your password has been misused. You should always log out and close your browser when you finish your session. We will never ask you to disclose your password in an unsolicited phone call or email.

7.4. If you have any questions about the security of your personal information, please contact us.

8. Retention

8.1. We will retain your personal information for as long as it is necessary to enable you to use the site and our service, to provide services to you, to comply with applicable laws (including those regarding document retention), resolve disputes with any parties and otherwise as necessary to allow us to conduct our business. All personal information we retain will be subject to this Notice and our internal retention guidelines. If you have a question about a specific retention period for certain types of personal information we process about you, please contact us.

8.2. We do not store any debit or credit card information. For sellers of whisky using our online auction service, we are required to store payment details so that we can efficiently transfer the sales proceeds to your nominated account.

9. Your Rights

9.1. We want you to be in control of how your personal information is used by us. Under certain circumstances, you can do this in the following ways:

9.1.1. you can ask us for a copy of the personal information we hold about you;

9.1.2. you can inform us of any changes to your personal information, or if you want us to correct any of the personal information we hold about you;

9.1.3. in certain situations, you can ask us to erase, block or restrict the personal information we hold about you, or object to particular ways in which we are using your personal information; and

9.1.4. in certain situations, you can also ask us to send the personal information you have given us to a third party.

9.2. Where we are using your personal information on the basis of your consent, you are entitled to withdraw that consent at any time. Moreover, where we process your personal information based on legitimate interest or the public interest, you have the right to object at any time to that use of your personal information.

9.3. We rely on you to ensure that your personal information is complete, accurate and up to date. Please do inform us promptly of any changes to or inaccuracies in your personal information by contacting us.

9.4. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. 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 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 and keep you updated.

10. Your Choices

10.1. Pinaroch account: If you wish to access, edit or remove profile information, change your password, close your account or request deletion of your personal data, you can do so by logging in to your account or contacting us.

10.2. Your communication, marketing and advertising preferences: You can opt out of receiving direct marketing communications from us by following the instructions included in every email sent to you via the “Unsubscribe” tab. You can also opt out of email subscriptions by updating your Contact Options in your Pinaroch account. We respect your choice, and we will stop sending you promotional emails once you unsubscribe.

10.3. Please note, regardless of your communication settings, we will continue to communicate with you regarding changes to terms and conditions, policy updates, routine customer service messages such as information about current or past purchases, delivery of products, service interruptions, data breaches or other significant information, such as safety issues.

10.4. You can adjust the amount of interest-based advertising you may receive by changing your cookie settings. If you have opted out of receiving emails from us, we will not use your email for interest-based advertising activities.

11. Complaints

11.1. We are committed to working with you to obtain a fair resolution of any complaint or concern you may have about our use of your personal information.