Privacy Policy

SINGAPORE

THE MACALLAN

PRIVACY POLICY

Last Updated: 19 January 2023

This Privacy Policy applies in Singapore. If you are based within another jurisdiction, please see the relevant website to locate the correct Privacy Policy.

WHO WE ARE

The Macallan is owned by The Macallan Distillers Limited, a private limited company (registered in Scotland No. 024068), and our registered office is at The Macallan Distillery, Craigellachie, Banffshire, AB38 9RX.  Processing of personal data relating to The Macallan as described in this Privacy Policy is also undertaken by other group companies of the Edrington Group Limited (The Macallan's parent company) – details of these companies can be found here.

In this Privacy Policy The Macallan Distillers Limited and the relevant Edrington group companies are referred to as The Macallan, we, us or our.

The Macallan is the data controller in relation to the processing of your personal data described in this Privacy Policy. We have a Data Protection Officer who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your rights in relation to your personal data, please contact us at the details set out below.

This Privacy Policy is in a layered format so you can click through to the specific areas set out below.

OVERVIEW

The Macallan is committed to protecting and respecting the privacy of its consumers’ personal data and complying the obligations under data protection laws applicable to the processing set out in this Privacy Policy ("Data Protection Laws").  Looking after the personal data that we collect on our consumers is a priority for us and we want you to be confident that your information is in safe hands.  We’ve developed this Privacy Policy to let you know:

• What types of personal data we collect;
• How we collect personal data;
• The purposes we collect personal data for, including how we use it to make our products better and to offer better services and experiences to our consumers; 
• The circumstances in which we may share it with other organisations that support our operations, including the types of organisations involved;
• Where we store your personal data, including our security measures;
• How long we keep personal data for; and
• The rights and choices you have with regards to your personal data, including how you can request, review and correct your personal data.  

It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your personal data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

WHAT TYPES OF PERSONAL DATA DO WE COLLECT ABOUT OUR CONSUMERS?

• Your identification, including your name, age/date of birth (including for age verification and due diligence purposes);
• Your contact details: postal addresses including billing and delivery addresses, contact numbers and email addresses;
• Details about payments to and from you and other details of purchases, orders made by you, including your purchase history and ballots you have submitted for the purchase of The Macallan's products. This also includes tracking purchases that you have made on the resale market;
• When you make a purchase or place an order with us, your financial information, including credit card details and bank or customer account information;
• Details of any event or experience bookings you have made, including details or preferences you have provided or we may have collected from you in connection with your attendance at any events or experiences we have arranged with you (such as any accessibility or dietary requirements or other interests related to the event or experience);
• If we are required to carry out due diligence, details of any criminal convictions or sanctions, illegal activity, adverse media or whether you are a politically exposed person, which is publicly available;
• Your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the website (Technical Data);
• Information about how you use our website, products and services (Usage Data); 
• Your correspondence and communications with The Macallan, including your enquiries about and orders for our products, as well as information that assists us in identifying the most suitable products for you;
• Personal data, which you have maybe shared via a public platform (such as on The Macallan’s Facebook or Instagram feed);
• Your preferences in receiving marketing from us and our third parties and your communication preferences;
• Information which may be collected or generated by our customer engagement personnel and/or representatives, or when you participate in an online experience, such as:
  • preferences regarding our products and offerings including any "wish list" items regarding preferred The Macallan products and experiences and how you share your experiences and passion for The Macallan with others;
  • lifestyle preferences and interests such as preferred travel destinations, preferred restaurants / cuisines and whisky and drink preferences / collection;
  • social indicators such as your profession and connections;
  • engagement data such as when you open or click on our emails, how long you have been a consumer of The Macallan, and how you interact with our personnel /representatives;
  • communication channel preferences (e.g. social media handles and app-based messaging) such as LinkedIn, Facebook, Twitter, WeChat and WhatsApp;
• Information about any experiences, gifts, special invitations or benefits made available to you;
• Your feedback and survey responses; and
• Online browsing activities on The Macallan website.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data 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 data which will be used in accordance with this privacy policy.

Other than the data listed above, we do not collect any  information about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and any other biometric data). Nor do we collect any information about criminal records.

Where we need to collect personal data by in order for us to perform a contract we have or will enter into with you, and if you fail to provide that personal 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 purchase or experience you have booked or registered with us but we will notify you if this is the case at the time.

HOW DO WE COLLECT YOUR PERSONAL DATA?

We collect your personal data by different methods, including:

• Direct interactions: This includes personal data you provide when:
  • You subscribe to receive our newsletter;
  • You create an account on our website or participate in one of our online experiences;
  • You make an online purchase or place an order online for a Macallan product or merchandise;
  • You enter a ballot or competition or register for any event related to The Macallan or one of The Macallan’s products;
  • When you attend one of our events, visit one of our sites (e.g. our distillery) or you avail of one of our experiences (e.g. whisky tastings, dinning and food, and other bespoke or exclusive experiences);
  • When you interact with one of our Private Client Relationship Managers (PCRMs), brand ambassadors or other representatives;
  • When you communicate with us through email, telephone, text messaging, or other app-based or social media direct messaging; 
  • When you provide your information to us at one of our boutiques or retail outlets such as at airports; and 
  • When you contact us, for whatever reason, through any medium, including emails and phone calls.
• Automated technologies or interactions: As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We may also gather statistical information on emails sent to you (e.g. opens, clicks, delivery rates, unsubscribes and forwards). This helps us to assess and improve email performance and our engagement with you. We collect this personal data by using cookies, pixels and other similar technologies. Please see our Cookies Policy for further details.
• Third party sources of information: We may obtain information about you from following third party sources:
  • Where you interact with a third party acting on our behalf (e.g. a representative of one of our distributors, joint venture partners or airport boutique operators);
  • Our professional advisors (e.g. lawyers, accountants and bankers); and
  • Publicly available sources (e.g. how you share your experiences and passion for The Macallan with other on social media).
• Technical Data: We also collect Technical Data from the following third parties:

• Analytics providers (such as Google based outside Singapore);
• Advertising networks; 
• Search information providers; and
• Due diligence screening providers.

HOW DO WE USE YOUR PERSONAL DATA?

The Macallan (and trusted partners and service providers acting on our behalf) use your personal data:

• to provide you with information, products or services that you request from us, or which we feel may interest you via email, SMS and/or through any other means of communication. This includes verifying your orders, processing orders and payments for our products and services, and facilitating the use of our website. We will only do so after you have given your consent to be contacted by us, or where we are permitted to contact you in accordance with data protection law (such as where you have not opted-out of receiving such information from us at the time of making a purchase from us);  
• We may send you personalised communications based on your preferences, and engagement with The Macallan’s products, services or experiences;
• To verify your identity and your age when you place an order or book an experience with us;
• Where you make a purchase above a certain value, carry out due diligence checks using our third-party due diligence system;
• For crime and fraud prevention, detection and related purposes;
• To enable The Macallan to manage any customer service interactions with you, including responding to your customer service requests and feedback, taking other actions to address your enquiries or posting your comments or feedback on any social media maintained by us;
• To improve or enhance the customer experiences (including our security measures) to ensure that our web content is presented in the most efficient way for you and your devices;
• To allow you to participate in interactive features on our website, when you choose to do so; and  
• Where we have a legal right or duty to use or disclose your information (for example in relation to an investigation by a public authority or in a legal dispute) in accordance with applicable laws.  

We may also combine your personal data collected through various sources, including information collected through our website and services, and develop a profile that will be used for the purposes above.

UNDERSTANDING OUR CONSUMERS BETTER

The Macallan will also use the personal data that we receive or collect about certain of our consumers to understand our customer profile better and to engage with our consumers more effectively.

This will involve using this personal data to consider our consumers’ preferences, characteristics, interests and activities, purchase habits and engagement with The Macallan brand and products. In identifying this information we will use it to better understand the habits, preferences and profiles of our most valued consumers and to identify categories of valued consumers that we can better engage with and better tailor their experience of The Macallan product and brand.

Based on this better understanding of our most valued consumers, The Macallan will determine how we can improve the products, services and experiences it makes available to its consumers, how we can improve our interactions and engagement with consumers, and to assess eligibility of our most valued consumers for special invitations, experiences, and other benefits. 

This processing may continue so long as you have a relationship with The Macallan. This means that the way in which we provide products and services to you, interact and engage with you, or provide any special invitations, experiences and benefits to you, may change over the course of our relationship with you. 

You can ask us at any time to stop sending you marketing communications, or using your personal data for marketing purposes (including profiling) at any time. Please see the section below entitled "What are your rights?" for further details.

WHAT IS OUR LEGAL REASON FOR HOLDING YOUR PERSONAL DATA?

Data Protection Laws require us to state our legal reason for processing your personal data.   

Where we have requested your consent we will rely on your consent to send you marketing communications about The Macallan. To the extent permitted by applicable laws, we may also send you marketing communications about The Macallan where you have requested information from us or made a purchase and you have not opted out of receiving such communications.

You can withdraw your consent to, or opt-out of, receiving these communications at any time by using the unsubscribe button included in the communications we send you, by contacting The Macallan representative that you provided your consent to, or by contacting us at  [email protected]. Where you opt out of receiving marketing communications, this will not remove any personal data provided to us as a result of a purchase that you have made, which will be retained in accordance with the Section below titled “How Long Do We Keep Your Personal Data”.

The Macallan also collects and uses your personal data because it is necessary for:

• the pursuit of our legitimate interests (as set out below);
• the purposes of complying with our duties and exercising our rights under a contract for the sale of goods or services to a consumer; or
• complying with our legal and regulatory obligations.

OUR LEGITIMATE INTERESTS

Processing of consumer personal data is necessary the purposes of our business, including:

• selling and supplying goods and services to our consumers;
• protecting consumers, employees and other individuals and maintaining their safety, health and welfare;
• promoting, marketing and advertising our products, services, events, experiences and brand partnerships;
• understanding our consumers’ behaviour, activities, preferences, and needs, including through the use of profiling;
• improving existing products and developing new products;
• providing experiences, special invitations and other benefits to our most-valued consumers;
• handling consumer contacts, queries, complaints, or disputes;
• administrative purposes, e.g. accounting, risk management and record keeping, business research, data, planning and statistical analysis, and staff training; and
• preventing, investigating and detecting crime, fraud, or anti-social behaviour and prosecuting offenders.  

If you wish to object to any of the above processing, please contact us our Data Protection Officer at [email protected].

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use please see our Cookies Policy.

CHANGE OF PURPOSE

We will only use your personal data 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 require any further information on how the processing for the new purpose is compatible with the original purpose, please contact us using the details below.

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

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by applicable laws.

WHAT ARE YOUR RIGHTS?

You have a number of rights under the Personal Data Protection Act 2012 of Singapore (PDPA) in relation to the way we process your personal data, namely:

• to access your data (commonly known as a "data subject access request") - this enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it, subject to such exceptions as set out in the PDPA;
• to have your data rectified if it is inaccurate or incomplete - this enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us; and
• to withdraw your consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of these rights, please contact our Data Protection Officer at [email protected]m.    

WHO DO WE SHARE YOUR PERSONAL DATA WITH? 

To effectively fulfil our obligations to you, and to provide you with marketing and certain experiences, special invitations and benefits, we use a number of trusted and reliable third parties to carry out functions which involve the processing of your personal data. These include:

• vendors who will process your personal data on our behalf and under our written instructions to carry out their services during the course of our business, such as IT service providers, financial institutions, customer relationship management vendors marketing service providers, and other cloud-based solutions providers that are used by The Macallan in the conduct of its business. We contract with such vendors to ensure that they only process your personal data under our instructions and ensure the security and confidentiality of your personal data by implementing the appropriate technical and organisational measures for such processing;
• vendors that process your personal data in order to assist us to better understand our consumers and how we can improve our consumer engagement, such as HubSpot, Wunderman Thompson, and Salted Stone;
• when you order products or services from our online shop, we will share your details with our fulfilment partners (currently Mail Marketing UK Limited and Thirstie), who will process your orders as set out in our Terms and Conditions;
• where you make a purchase above a certain value, we will share your name and date of birth with our due diligence service provider to carry out due diligence checks;
• when you contact us, and interactions with you are handled by The Macallan’s third party technical services partner, Customer Experience People;
• marketing service providers that administer services on our behalf, such as sending communications to our consumers, administering any promotions or ballots which we run; and
• translation service providers that administer services on our behalf, such as translating communications received and sent in different languages;
• other agencies and fulfilment partners to administer events, competitions. experiences, brand programmes and other special invitations and benefits.
• where you have given your specified consent, we will share your personal details with our airport boutique operations – presently WDFG UK Limited (DUFRY), Maritime & Mercantile International LLC (Le Clos), Ever Rich DFS Corporation, and UETA, Inc – to allow you to receive marketing communications from them;
• our professional advisors (e.g. lawyers, accountants and bankers);
• other entities in The Macallan group of companies; and
• The Macallan's third party distributors, joint venture partners, or airport boutique operators engaged by us.

We may provide information to others (such as governmental or law enforcement agencies) in the good faith belief that such action is necessary to: (i) enforce or apply our Terms and Conditions; (ii) comply with any legal claims raised against The Macallan; (iii) protect the rights, property or safety of The Macallan; (iv) protect the rights, property or safety of the public; or (v) comply with our obligations under the PDPA or any applicable laws.

In accordance with applicable law, if The Macallan becomes involved in a merger, acquisition, change in control, bankruptcy, reorganisation, liquidation or other transaction involving the sale of some or all of our business or assets, user information, including personal data collected from you through your use of our website, could be included in the transferred business or assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on our website. 

WHERE WE STORE YOUR PERSONAL DATA

We may transfer your personal data outside Singapore. This is primarily to allow us to:

• receive consultancy, marketing and IT services (e.g. cloud storage services, database development and management services, email/webmail services and customer relationship management services) from vendors located outside of Singapore, such as in the United Kingdom and/or EEA the United States, South Africa and Australia; and
• provide special invitations, products, services, experiences and other benefits to you, from other The Macallan group companies, or selected third party distributors, joint venture partners, or airport boutique operators.

Where your personal data is transferred outside of Singapore, we will ensure your personal data is afforded an adequate level of data protections (as required under the PDPA), including by transferring the data only to a recipient who is bound by legally enforceable obligations ensuring that the personal data transferred is protected to a standard that is comparable to that which it would receive under the PDPA.

Please contact Data Protection Officer at [email protected] if you would like further information on the specific mechanism used by us when transferring your personal data out of Singapore.

HOW LONG DO WE KEEP YOUR PERSONAL DATA? 

We will not retain your personal data for longer than necessary for the purposes set out in this Privacy Policy, including for the purposes of maintaining our relationship with you as well as satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you. 

Different retention periods will apply to different types of data. To determine the appropriate retention period for personal data, we consider any ongoing relationship we have with you, the likelihood you may want to make a further purchase from us in the future, the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. 

When we no longer need to use your personal data, we will remove it from our systems and records, and or take steps to anonymise it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations we are subject to).

WHEN YOU COMMUNICATE WITH US THROUGH PHONE CALL OR LIVE CHAT ON OUR WEBSITE

We may also use your personal data collected by recording phone calls and retaining a transcript of our live chats with you through our website (including where these are handled by The Macallan’s third party service providers) for the following purposes:

1. Account management;
2. Prevention, detection, investigation and prosecution of fraud;
3. Complaint handling and resolution;
4. Measuring the quality of the call;
5. Internal training on call handling.

We have a legitimate interest in retaining calls and live chats in order to offer our consumers an optimal consumer experience and to protect our business. If you object to the call recording, you may choose to end the call when you are informed that calls may be recorded.  If you use our live chat function to get in touch with us, you will be informed that we will keep a record of the discussion at the start of the chat and you will be able to end the chat at any time.  You will have the option to contact us through alternative means. All calls and live chat records will be retained for a period of one year.

HOW DO WE PROTECT YOUR PERSONAL DATA?

The Macallan is committed to keeping your personal data safe and secure.  To prevent unauthorised access, maintain data accuracy and ensure the correct usage of personal data, we monitor and adjust our physical, electronic and managerial procedures to safeguard and secure the personal data we collect online.

THIRD PARTY WEBSITES AND APPS

Our website and services may contain links to other websites or apps operated by third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these third party websites and apps. We have no control over, and are not responsible for, the actions and privacy policies of third parties and other websites and apps.

QUESTIONS

If you have any questions or concerns about the way in which your Personal Data is processed, please contact Data Protection Officer at [email protected].   

CHANGES

The Macallan may update this Privacy Policy from time to time as our privacy practices change, or as required by applicable legal or regulatory requirements. Where it is practicable, we will notify you of any significant changes. However, the last update date is given below and The Macallan encourages you to review this Privacy Policy periodically so you remain informed of how we collect, use, disclose and/or retain your personal data.