BARFLY MAGAZINE

Club Suntory has a strong commitment to instil a responsible approach to drinking. We want to make a real contribution to creating a more positive role for alcohol in society, promoting the social benefits of responsible drinking.

Alcohol has been a common source of pleasure for centuries. We all know that most consumers drink responsibly, but a minority misuse alcohol and cause harm to themselves and to society. The misuse of alcohol is a complex issue involving physiological, psychological, social and cultural factors. Most experts acknowledge that to reduce it requires multiple approaches including effective, enforced regulation, information campaigns and individual interventions.

Advertising for alcoholic beverages is subject to strict laws and self-regulation. Suntory demonstrates its ongoing compliance with these standards by ethical marketing and promoting responsible drinking throughout all of our marketing campaigns. We aim to maintain high standards of responsibility in our own activities and promote these strongly in our industry, we apply our best creative talents and resources to try and change people’s attitudes to alcohol and reduce its misuse.

To know more about responsible drinking, go to the Distilled Spirits Industry council of Australia website at http://www.dsica.com.au/

Those who serve alcohol in bars are in a good position to affect the way their customers behave. We have put this influence to good use for many years by training bartenders in responsible serving techniques and dealing effectively with drinkers who have had enough. Our marketing activities meet the highest standards of responsibility

Introduction

This web site and its contents (the "Site") are owned by Suntory (Aust.) Pty. Ltd. ("SUNTORY").

This Privacy Policy describes the way in which SUNTORY use and discloses information obtained by us from your use of the Site.

By visiting the Site you are agreeing with and consenting to the practices described in this Privacy Policy. If you do not agree with this Privacy Policy you should immediately cease using the Site.

As this Policy may be updated from time to time as the Site and its content develops and matures, we encourage you to check this Policy regularly.

Information Collected By Us

The type of information we collect from you depends upon your use of the Site. Generally speaking, however, the information, which we may collect, can be divided into the following broad categories:

Information You Give Us

We receive and store information that you enter into the Site. This may represent a potentially wide range of information. For example, when you register with Club Suntory we will collect information from you such as e-mail address, phone number, gender and date of birth. Your participation in competitions, surveys, voting, and other events may involve further information being provided by you.

Information We Collect From You

We may from time to time receive and store certain automatic information relating to your use of, and behaviour on the Site. This information is commonly referred to as "clickstream" information. For example, we may record information such as the areas of the Site accessed by you, the time, date and URL of the pages requested by you, your browser software, your IP address, and/or the previous web site that you have linked to the Site from. The recording of such information enables us to identify the areas of our sites that are most popular and to tailor the Site accordingly.

Club Communication

By submitting the Club Suntory registration form, applicants immediately opt in to receive future club communication. Members have the opportunity to opt out of future communication by emailing the words OPT OUT to club@suntory.com.au Following the processing of the Opt out, Suntory reserves the right to terminate the member’s Club Suntory membership.

Information Stored & Obtained From "Cookies"

The Site makes use of a feature of Internet web browsers called "cookies"; small pieces of information stored by your browser on your computer's hard drive. The use of cookies allows your browser to remember some specific information relating to you and your use of the Site and helps us to make your use of the Site easier by storing information about your preferences. Whenever you visit our Site, we will check with your browser for the presence of our cookies, which contain information such as whether you have visited the Site before and your preferences for our Site.

OUR USE AND DISCLOSURE OF YOUR INFORMATION

We are committed to the protection of your privacy and your personal information. We will comply with this Privacy Policy and any other applicable laws relating to privacy, data collection and the use of information that are currently enacted or may be enacted in the future.

As a guiding principle, we use information that is collected from the Site: to operate the Site; to provide you with a product or a service you have requested from the Site; to help us gain a better understanding of your likes and dislikes, so as improve the Site (and other sites run by us), our marketing strategies and/or the products and services generally offered by us.

We may contact you by any means, including without limitation to, mail, telephone, and email or via SMS.

We may also use the information collected to notify you about changes to the Site, and to inform you of services and special offers that we think you'll find valuable. From time to time we may also use the information to send you information about us and possibly about third parties (we shall send such information directly to you - your information will not be provided to third parties). In all instances, if you do not want to receive such offers, you will be able to "opt out" from receiving them.

To facilitate our efficient use of your information, and to provide you with the services or products requested by you, it may sometimes be necessary for us to disclose your information to third parties. However, this disclosure shall only occur in the following circumstances:

To Our Employees, Contractors & Agents

From time to time we may engage or employ other companies and individuals to perform functions on our behalf. Examples may include, but are not limited to processing credit card payments, fulfilling orders and delivering products, analysing data, providing marketing assistance, providing legal or accounting advice and/or providing information technology and related services. Such parties will have access to only that personal information required by them to perform their functions, and may not use such information for any other purposes.

Aggregated Statistical Information

From time to time, we may provide aggregated statistical information about access patterns, navigational techniques, product sales, etc. to reputable third parties. However, in all instances such information will simply comprise aggregated data collected about you and other users, and will not include any direct personal information that identifies you as our customer.

Where Required By Law

In certain circumstances we may be required by law to disclose your personal information, for example, where disclosure is ordered by a Court, or subpoenaed in relation to third party litigation. We also reserve the right to choose to disclose your information to law enforcement agencies in circumstances described in the National Privacy Principles and other applicable laws and regulations, including for the purpose of investigating alleged contraventions of the law

With your Consent

Other than as outlined above, we will endeavour to provide you with notice (which may occur via your nominated e-mail) when we wish to provide personal information about you to third parties, and provide you with the opportunity to chose not to share that information.

A FURTHER WORD ON "COOKIES"

As noted earlier in this Policy, this Site makes use of a feature of Internet browsers called "cookies". Cookies help us to "remember" your preferences in relation to the Site. By showing how and when you use our Site, cookies help us see which areas are popular and which are not, and to tailor the Site accordingly. The use of cookies is an industry standard and you'll find most major web-sites use them.

If you prefer not to receive cookies you can adjust you Internet browser to refuse cookies or to warn you when cookies are being used. A number of third party products are also available to remove cookies from your computer. However, the vast majority of our Site will not function if cookies have been turned off, and setting your browser to "warn" you when cookies are used will reduce your enjoyment of the Site. For this reason we strongly recommend that you leave cookies fully functional.

Of course, we never use cookies to retrieve information from your computer that was not originally sent by us, do not allow or share third party access to cookies placed by our Site, and except as outlined above, do not share any information obtained from them with any third parties.

HOW SECURE IS MY INFORMATION?

Your information is stored on a computer server located in California, USA. We attempt to keep our server secure and free from unauthorised access and use, by enforcing security at the premises in which the server is located, and by using industry standard technological measures to prevent unauthorised remote access to the server.

Sensitive information, such as credit card and related financial information that is transmitted to our and from our servers is secured using encryption methods such as secure socket layers technology (SSL). You will know when transmitted data is safe by the appearance of a security notice when you enter a secure page. A secure icon will also appear on your browser - for Microsoft Internet Explorer this is a lock icon, and for Netscape Navigator it is small key icon. Finally, you can identify secure pages by the fact that they begin with "https://" (as opposed to http:// for standard pages).

Unfortunately, no server on the Internet nor any data transmission over the Internet can be guaranteed to be 100% secure. Despite our best efforts to keep our server and transmissions to and from our server secure, we are unable to absolutely guarantee security and there will always be a risk of unauthorised access to your information. Although we will take all reasonable steps to keep secure any information that we hold about you, we will not be held responsible for events arising from unauthorised access to such information.

ACCESSING AND CHANGING YOUR INFORMATION

The membership information that you provide to use is kept in a secure environment access is only by authorised persons.

LINKS TO OTHER SITES

The Site contains links to other sites. With the exception of other sites owned by us, we do not control the information collection of sites reached through links from this Site. If you have any questions about the information collection policies of those sites then you should contact the companies controlling those sites directly.

NO GUARANTEE OF COLLECTION BY US

Despite the information about you that we may collect, we are not responsible for collecting or storing any of that information, and do not guarantee that we will. You are responsible for keeping you own records relating to your use of the Site and any transactions conducted via it, and for complying with any applicable record keeping legislation.

OUR CONTACT DETAILS

If we become aware of any ongoing concerns or problems with the Site, we will take the issue seriously and work to address your concerns. If you have any queries about this Privacy Policy, or have a problem or complaint, then you should contact us by sending an e-mail to club@suntory.com.au.

Introduction

This web site and its contents ("Web Site") is owned and operated by Suntory (Aust.) Pty. Ltd. ACN 001 628 780 of 34 Rosebery Avenue, Rosebery, NSW, Australia 2018 ("SUNTORY"). The use of this Site is governed by the following terms and conditions, as amended from time to time (the "Terms and Conditions").

By using this Web Site you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions (including any amendments to them) you should immediately cease using the Web Site.

YOU MAY ONLY ENTER AND USE THE WEB SITE IF YOU ARE AGED 18 YEARS OR OVER OR OTHERWISE OF LEGAL DRINKING AGE IN YOUR RELEVANT JURISDICTION. YOU MUST IMMEDIATELY EXIT THE WEB SITE IF YOU DO NOT MEET THESE REQUIREMENTS.

As the Terms and Conditions may be updated from time to time as the Web Site and its content develops and matures, we encourage you to check this document regularly.

Intellectual Property & Restrictions On Use Of Content

The Web Site is subject to copyright under Australian law and, under international treaties, the laws of many other countries. Unless otherwise indicated, the copyright is owned by SUNTORY, which reserve all rights. Except for the direct purpose of viewing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without SUNTORY's consent.

The Web Site also includes registered and unregistered trade marks, including MIDORI, MIDORI ILLUSION, CLUB SUNTORY, CLUB MIDORI and ULTRA POUR which are owned by SUNTORY Limited, Suntory's parent company. All other trade marks displayed on the Web Site are trademarks of their respective owners. Except to the extent that it is expressly indicated to the contrary, your access to or use of this Web Site does not constitute or create a licence or any other right to use the name, trade dress, trade marks, copyrights or any other intellectual property of SUNTORY or any other party contained on the Web Site.

Software & Other Digital Materials Available For Download

From time to time certain software and related digital materials may be expressly made available by SUNTORY for downloading from the Web Site. Unless those software or materials are expressed to be pursuant to specific conditions (in which case those conditions will apply), we grant to you a personal, non-transferable, and non-exclusive licence to use the relevant software or materials for your own private use, provided that you do not copy, communicate to the public, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them, and provided also that you ensure that all copies of such software and materials retain any copyright or other intellectual property notices. Except as otherwise provided for in the terms of any express licence agreement, SUNTORY, neither its parent company, affiliated companies nor Suntory's affiliates give no warranties (either express or implied) as to the completeness, accuracy or reliability of such software or materials, and they are downloaded and used by you entirely at your own risk.

Competitions & Promotions

Certain parts of the Web Site may contain competitions or promotions from SUNTORY or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, SUNTORY specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you. All competitions and promotions are only open to persons located in Australia who aged 18 years or over, and prizes will not be awarded to people who do not meet this requirement at the time of entry.

Links to Third Party Sites & Third Party Advertisements

SUNTORY assumes no responsibility and accepts no liability for the condition or content of third party web sites that may be linked to or accessed from the web site. Except as SUNTORY may specifically direct otherwise, SUNTORY does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of SUNTORY for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Disclaimer & Limitation Of Liability

The Web Site and its entire contents are provided on an "as is" basis. Neither SUNTORY, its parent company, affiliated companies nor its directors or employees give or make any representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Web Site or its contents. You should be aware that information current to a particular time or date as placed on the Web Site does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Web Site is updated.

SUNTORY and its officers, employees, agents, contractors or agents shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non use of the Web Site (including the downloading of any materials or the purchase or attempted purchase of any products), or your reliance upon information contained upon it (whether arising from SUNTORY's negligence or otherwise). Where any Act of Parliament implies any term, condition, representation or warranty into the contents of this Web Site or your use of or access to the Web Site (including downloading of any materials or the purchase or attempted purchase of products from the Web Site), and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the Act, SUNTORY's liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as SUNTORY may choose.

Indemnity

You agree to indemnify and keep indemnified SUNTORY, its parent and affiliated companies and their officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which Indemnitee may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the Web Site (or any part of it) or your breach of these Terms and Conditions.

Termination

SUNTORY reserves the right to revise the content of, amend links from, or withdraw access to the Web Site at any time without notice. Your membership of the Web Site, your ability to participate in all or certain parts of the Web Site, or your ability to access the Web Site may be terminated at any time without notice, and without any liability to SUNTORY. Any indemnities given by you and limitations on SUNTORY's liability will survive such termination.

Miscellaneous

A right relating to these Terms and Conditions may only be waived by SUNTORY in writing. These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. By using the Web Site you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect. SUNTORY's failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by SUNTORY in writing.

Club Suntory Members

Suntory reserves the right to allocate and terminate memberships in its absolute discretion. Termination will occur in the event of a member opting out of future club communications. Members have the opportunity to opt out of future communication by emailing the words OPT OUT to club@suntory.com.au . Termination may also occur in the event of a career change away from the bartending trade. Termination may also occur in the event of entering false or misleading information on the club application form. Suntory accepts no responsibility for late, lost or misdirected mail or other correspondence. It is the member’s responsibility to ensure that their contact details are correct. Suntory follows all aspects of Responsible Service of Alcohol at all Suntory events and functions. Suntory does not condone members acting irresponsibly while under the influence of alcohol. Club Suntory prizes are not transferable or exchangeable and cannot be taken as cash. Suntory reserves the right to change promotions or competitions without prior notice. All decisions made by Suntory (Aust) are final.