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Asahi Beverages Conditions of Purchase

All Goods and/or Services are purchased by Asahi subject to the following conditions which shall prevail over all other terms and conditions, unless a separate agreement in writing has been specifically agreed between the parties and any conditions to the contrary contained herein are expressly excluded.

1 Supply of goods and services

The Supplier must supply the Goods and/or Services to Asahi in accordance with the Agreement.

2 Price for goods and services

2.1 Asahi agrees to pay the Price for the Goods and /or Services.

2 .2 The Price includes:

1. GST, all packaging, transport, customs duty (and any other duties, taxes or levies), insurance, loading, unloading and storage costs, up to the point of delivery; and
2. All amounts payable for the use of any intellectual property; and
3. All charges for supply of the Goods or the performance of the Services.

3 Risk and title in Goods

Risk in the Goods passes to Asahi upon delivery of the Goods.  Title in the Goods passes to Asahi upon delivery or upon payment by Asahi for the Goods, whichever occurs first.  Delivery occurs when Asahi signs a delivery receipt.

4 Conditions as to quality of Goods and Services

4.1 The Supplier warrants that the Goods and Services:

1. comply with all Specifications;
2. do not infringe any right of any third party (including, without limitation, any intellectual property right), or applicable law, statute, regulation, code or rule;
3. are fit for the purpose which the Supplier has been notified Asahi intends to use them or for which they are commonly used;
4. correspond with any description or sample the Supplier has previously provided to Asahi; and
5. comply with all relevant legislation.

4.2 Without limiting clause 4.1, the Supplier warrants that the Goods:

1. are new, genuine and free of encumbrance;
2. are not defective and are of merchantable quality;
3. where the Goods are intended for human consumption (or are an ingredient to be used in the manufacture of goods intended for human consumption):
   1. are fit for human consumption;
   2. comply in all respects with all relevant provisions of all applicable food, health, trade practices, weights and measures and other legislation in Australia;
   3. are not adulterated or contaminated in any way; and
   4. the Goods do not comprise and are not derived from any genetically modified organisms or products, except to the extent agreed by Asahi.

4.3 Without limiting clause 4.1, the Supplier warrants that the Services will:

1. be performed by appropriately qualified and trained personnel;
2. be performed with due care and skill; and
3. comply with all reasonable directives and orders given by Asahi representatives or procedures communicated by Asahi to the Supplier in respect of the supply of the Goods or the performance of the Services.

5 Delivery

5.1 Supplier must pay all delivery charges in connection with the delivery of the Goods including charges for packing, crating, freight and insurance charges, unless the Purchase Order expressly indicates that the Price is inclusive of all delivery charges.

5.2 If the Goods or any item comprising the Goods have not been delivered by the date specified for delivery on the Purchase Order for any reason other than that which is caused by Asahi,  Asahi may:

1. require the Supplier to deliver, at its sole expense, such Goods by the most expeditious means of transportation; or
2. terminate the Agreement without liability and return, at the Supplier’s expense, any items of Goods that may have been delivered and paid for by the Customer. The Supplier must promptly refund to the Customer the amounts paid for the items of Goods returned.

6 Goods and Services which fail to meet standards

Without limiting any other remedy Asahi may have, if the Goods delivered or Services performed do not meet or exceed the standards required in the Agreement, do not meet or exceed the Specifications or are otherwise unacceptable to Asahi upon delivery and in relation to Goods, at any time during their intended useful life (the Non-conforming Goods and Services), Asahi will not be required to pay for those Non-conforming Goods and/or Services.  The Supplier must, at the Supplier’s cost, if Asahi requires the Supplier to do so, promptly remove any Non-conforming Goods from Asahi’s premises.  The Supplier must at Asahi’s election either:

1. promptly replace or repair the Non‑conforming Goods and/or Services with Goods and/or Services which do meet the relevant standards or Specifications and which are acceptable to Asahi; or
2. refund to Asahi all money paid in respect of the Non-conforming Goods and/or Services.

7 Intellectual property

7.1 Nothing in the Agreement affects ownership of any intellectual property rights of the Supplier existing as at the date of the Agreement or subsequently arising in relation to the Goods and Services other than as specified in clauses 7.2 and 7.3.  The Supplier grants to the Customer a non-exclusive, assignable, royalty free, perpetual and irrevocable licence to use the Supplier’s intellectual property.

7.2 If any of the Goods have been specifically designed for or requested by Asahi (the “Custom Works”) all intellectual property in, and relating to, the Custom Works will be Asahi’s property.

7.3 All intellectual property created by or on behalf of the Supplier in the course of providing the Services to Asahi (“Contract Intellectual Property”) will be Asahi’s property.

The Supplier must at its own cost to do all things necessary to give effect to clauses 7.2 and 7.3,

7.4 including signing documents and procuring third party licences and consents necessary to assign all right to the intellectual property rights under clauses 7.2 and 7.3 to Asahi and reserve all Asahi’s intellectual property rights in any agreement which the Supplier enters into with any third party in relation to any Custom Works and/or Contract Intellectual Property.

8 Confidentiality

8.1 The parties must keep all Confidential Information secret and must not use that Confidential Information except as necessary for the purposes of the Agreement.  Each party must store all Confidential Information in a way that minimises the risk of unauthorised access.  In this clause 8, “Confidential Information” with respect to a party (a “Receiving Party”) means:

1. the existence and terms of the Agreement; and
2. any technical, scientific, commercial, financial or other information of or about the other party (the “Discloser”) or any of its products, of which the Receiving Party becomes aware in connection with the Agreement and all information about the Discloser’s business and business processes.

8.2The parties’ obligations under this clause 8 do not apply to any information which:

1. is in the public domain as at the date of the Agreement or which subsequently comes into the public domain (other than because of a breach of any obligation of confidence owned to the Discloser); or
2. the Receiving Party can demonstrate by evidence in writing either:
   1. was in the possession of the Receiving Party’s as at the date of the Agreement; or
   2. subsequently comes into the possession of the Receiving Party through a third party who does not owe any obligation of confidence to the Discloser in respect of that information; or
   3. the Receiving Party is required by law to disclose.

8.3 Where the Supplier is the Receiving Party, the Supplier must promptly return all Confidential Information to Asahi or destroy it if Asahi asks the Supplier to do so.

9 Termination

9.1 Without limiting any other rights or remedies the parties may have, each party may terminate the Agreement effective immediately by giving notice to the other party is the other party breaches a material term of the Agreement or an Insolvency Event occurs.

9.2 Asahi may terminate this Agreement at any other time by providing 2 weeks’ notice in writing to the Supplier. Asahi’s liability is limited to the payment of a fair and reasonable price that will be paid for all agreed work in progress at the time of cancellation and subsequently received by ASsahi (such price to be determined solely by Asahi acting reasonably and in consultation with the Supplier.  Asahi will not be liable for any loss to the Supplier, including consequential loss.

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10 Privacy

10.1 The Supplier agrees that:

1. it will not collect, use, disclose, store, transfer or otherwise handle Personal Information or Health Information that it collects in connection with the Agreement except to the extent that it is reasonably necessary for the performance of its obligations to the Customer or under this Agreement and only in accordance with the relevant privacy laws;
2. in respect of any act or practice engaged in by the Supplier in connection with the performance of its obligations to the Customer or under this Agreement, it will comply with the Australian Privacy Principles or Information Privacy Principles (as applicable); and
3. for the avoidance of doubt, it will not transfer or disclose any Personal Information collected in connection with this Agreement to any recipient outside of the country it was collected in (Australian or New Zealand, as applicable) or allow or permit any person located outside Australia or New Zealand (as applicable) to access or receive any Personal Information collected in connection with this Agreement, without the Customer’s prior written consent.
4. The Supplier must immediately notify the Customer if the Supplier becomes aware of a breach or possible breach of any of its obligations under this clause 10.

11 Terms of payment

11.1 The Supplier must submit an invoice for all Goods and Services provided to Asahi in a form acceptable to Asahi.  The invoice must specify the Purchase Order number to which the invoice relates.  Asahi will not be required to pay any invoice that does not specify a Purchase Order number or specifies an invalid Purchase Order number.   

The Supplier must provide Asahi with a valid tax invoice for any taxable supply it makes to Asahi under the Agreement.  Asahi will not be required to pay the Supplier until the Supplier has provided a valid tax invoice to Asahi.

11.2 Subject to the satisfactory performance of the Agreement by the Supplier, the Customer shall pay the Price two (2) calendar months following the end of the month in which a valid and accurate invoice is received and on the next scheduled payment run.

11.3 All invoices must be emailed to:

This email address is being protected from spambots. You need JavaScript enabled to view it.

All invoice queries should be directed to:

        Phone: 1800 066 330

        Email:  This email address is being protected from spambots. You need JavaScript enabled to view it.

12 Insurance

The Supplier must obtain product liability insurance of not less than A$20 million per event, public liability insurance of not less than A$20 million per event and, if Services are being provided, professional indemnity insurance of not less than A$20 million per event.

13 Indemnity

13.1 Without limiting any of Asahi’s other legal rights, then except to the extent that Asahi has caused or contributed to the loss, damage, claim, action or expense, the Supplier hereby indemnifies Asahi and its related bodies corporate (as defined in the Corporations Act 2001) against any loss, damage, claim, action or expense (including, without limitation, legal expense) which Asahi or any of its related bodies corporate suffer in connection with any of the following:

1. a breach of the Agreement by the Supplier;
2. any warranty given by the Supplier under the Agreement being incorrect or misleading in any way;
3. any product liability claim or product recall relating to the Goods or Services;
4. any infringement or alleged infringement of any intellectual property right relating to the Goods and/or Services;
5. any personal injury, death or property damage;
6. any negligent act or failure to act by the Supplier or any of the Supplier’s employees, agents, officers or contractors; and
7. 1. any act which is not authorised by the Agreement.

13.2 In the event of a claim relating to any actual or alleged infringement of any intellectual property by the Supplier, the Supplier must at the election of the Customer:

1. procure for the Customer the right to continue using the affected Goods and/or Services free from any infringement;
2. modify the Goods and/or Services so that the Customer is no longer infringing any intellectual property without causing a loss of functionality or performance;
3. promptly replace the Goods and/or Services with other goods and/or services free from infringement of any intellectual property rights which have the same or better performance or functionality capabilities than the original Goods and/or Services; or
4. accept the return of the Goods and/or Services at the Supplier’s expense and promptly refund the Customer all monies paid in connection with the affected Goods and/or Services.

14 GST

14.1 Where the Agreement requires either party to pay for, reimburse or contribute to any expense, loss or outgoing (“reimbursable expense”) suffered or incurred by the other party, the amount required to be paid, reimbursed or contributed by the first party will be the sum of:

1. the amount of the reimbursable expense net of input tax credits (if any) to which the other party is entitled in respect of the reimbursable expense (“net amount”); and
2. if the other party's recovery from the first party is a taxable supply, any GST payable in respect of that supply.

15 Miscellaneous

15.1 Asahi may transfer, assign, novate or otherwise encumber or deal with (“dispose of”) the Agreement, or any right or obligation under it to a Related Body Corporate without the consent of the Supplier.  A party must not otherwise dispose of the Agreement or any right or obligation under it or subcontract any of its obligations under the Agreement, without the prior written consent of the other party.  Supplier will not as a result of any sub-contracting arrangement be relieved from the performance of any obligation under the Agreement and will be responsible and liable for all acts and omissions of a sub-contractor

15.2 The Agreement is governed by the laws of Victoria.  The Supplier irrevocably and unconditionally submits to the jurisdiction of the courts of Victoria for determining any dispute.

15.3 The Customer has adopted Corporate Social Responsibility Principles for Asahi Group Suppliers (CSR Principles) which are published on its website at asahi.com.au.  The Supplier acknowledges and agrees that:

1. it has received a copy of the CSR Principles or viewed them on the Customer’s website and has read and understood those; and
2. it will comply with the CSR Principles.

15.4 The Supplier shall:

1. comply with all applicable anti-bribery and anti-corruption legislation including, without limitation, the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth) or similar laws of other countries that are applicable;
2. maintain and enforce its own policies and procedures, including adequate procedures to ensure compliance with all applicable anti-bribery and anti-corruption legislation; and
3. use all reasonable endeavours to ensure that its officers, employees and agents comply with this clause.

Any breach of this clause shall be deemed a material breach under this Agreement.

Agreement means these terms and conditions and the Purchase Order. 

Australian Privacy Principles means the set of Australian privacy principles outlined in the Privacy Act 1998 (Cth).

Consideration, GST, Input tax credit, Supply, Tax Invoice, and Taxable Supply have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999.

Goods and Services means the goods and services specified in the Purchase Order to be supplied by the Supplier to Asahi. 

Insolvency Event means the Supplier ceases to be able to pay its debts as they become due, the Supplier ceases to carry on business, any step is taken by a mortgagee to take possession or dispose of any part of the Supplier’s assets or business, any step is taken to appoint a receiver, manager, liquidator, trustee in bankruptcy or administrator with respect to the Supplier or any analogous event occurs.

Price means the price specified in the Purchase Order. 

Purchase Order means the purchase order provided by Asahi to the Supplier which is subject to these terms and conditions.

Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).

Asahi means Asahi Beverages Pty Ltd (ABN 51 004 243 994)

Specifications means all specifications provided by Asahi to the Supplier in relation to the Goods or Services including those provided prior to the date of the Agreement. 

Supplier means the supplier of the Goods and Services named in the Purchase Order. 

1. The Site is for your personal entertainment, information and communication only. This means that all content provided on the Site is for your non-commercial use, and you may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes without the written permission of Asahi Beverages.
2. You may not send any material to the Site that:
   1. infringes the intellectual property or other rights of another person;
   2. is otherwise unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could be a violation of any law (including encouraging any other person to violate any law). This includes information that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
   3. relates to unlawful conduct;
   4. creates a privacy or security risk to any person, including by soliciting personal information from any person;
   5. solicits money from any person;
   6. is false, misleading or deceptive;
   7. contains financial, legal, medical or other professional advice;
   8. would harm, abuse, harass, stalk, threaten or otherwise offend;
   9. would reflect negatively on us, including our goodwill, name and reputation;
   10. tampers with, hinders the operation of, or makes unauthorised modifications to the Site;
   11. would breach any applicable laws; or
   12. would otherwise result in civil or criminal liability for you, us or any third party.
3. In using the Site, you must not:
   1. violate any applicable laws, or use the Site for any purpose that is unlawful;
   2. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
   3. use any automated system or software to extract data from this Site for commercial purposes;
   4. collect or store data about other users of the Site;
   5. engage in any other conduct that inhibits any other person form using or enjoying the Site;
4. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from:
   1. any claim made by any third party; and
   2. any loss or damage that we may suffer,
   3. arising (directly or otherwise) out of your breach of the restrictions in this clause 2.
5. Occasionally Asahi Beverages will post information to the Site which includes references to third parties which are not associated with or owned by Asahi Beverages. You may not use these parties’ likenesses, names, and/or properties without their express permission (to seek this permission you will need to contact these third parties directly).
6. Any personal information (for example your name, address, telephone number or e-mail address) you submit to the Site will be used by us in accordance with the Privacy Policy. Information which is not personal (including questions, comments or suggestions) will not be covered by the Privacy Policy.

3. Material on the Site

3.1 Ownership of intellectual property on the Site

1. The Site is subject to copyright and other intellectual property rights.
2. Unless otherwise indicated, we own or license from third parties all content on the Site. All content on the Site remains the sole property of the applicable content owner (i.e. Asahi Beverages or the third parties from which we license the content) and is protected under all relevant copyright, trade mark, and other applicable laws. Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.
3. Asahi Beverages takes the protection of intellectual property very seriously.  Please be advised that Asahi Beverages, in their sole discretion, may take all actions to enforce its intellectual property rights to the fullest extent of the law.
4. Except as provided in these terms of use, any use or copying of the Site for any purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. if you wish to seek such consent. We may revoke any consent we provide at any time and may suspend or deny your access or use of the Site without notice for any reason, including if you breach or we reasonably believe you have breached any of these terms of use.

3.2 Material you send to the Site

1. By providing us with any material that you send to the Site, you:
   1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub licence) to use, copy, modify and otherwise exploit the material in any form or on any medium and for any purpose; and
   2. warrant that you have the right to grant such licence.
2. We (or any party we nominate) are entitled to use any or all material which you send to the Site for any purpose without requesting consent from you or providing you with any compensation. Please keep this in mind when you send any data, questions, comments, suggestions, ideas or other information, material or property to the Site.
3. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of material you send to the Site.
4. We may, without notice to you, review, modify or remove any of the material you send to the Site in our absolute discretion including where we believe it violates these terms of use.

1. You must not frame this Site or represent or imply that any part of the Site belongs to anyone other than us.
2. If we notify you that we object to the manner in which you provide links to this Site, you must immediately cease providing such links.

1. The Site is provided by Asahi Beverages. We may review, edit or delete materials that any person sends to the Site, but we are not under an obligation to do this.
2. We may cancel any registration(s) or account(s) on the Site at any time or remove any content you have sent or posted on the Site without giving any notice to you or any other person. We may do this without any liability, and for any reason whatsoever.
3. We may change information on the Site, these Terms of Use and / or the Privacy Policy, at any time without notice. You should regularly review these Terms of Use and the Privacy Policy for any changes. Changes will be effective as soon as they are posted on the Site, and by continuing to use the Site, you agree to any changes. By providing continued access to the Site, we are providing you consideration for agreement to any changes.

1. We try to make the Site and its contents as reliable as possible, but inaccuracies may occur. Because of this, regardless of anything else on the Site or in these Terms of Use, use of this Site is at your own risk.
2. The Site is provided to you on an “as is” basis, and to the fullest extent permitted by law Asahi Beverages disclaims any and all express or implied guarantees, warranties, representations, statements, terms and conditions regarding the Site.
3. In particular, and without limiting paragraph (b), we shall not be responsible or liable for any damages due to:
   1. statements, errors or omissions on the site
   2. content infringing any third party rights
   3. viruses or other harmful components that may be transmitted to your computer
   4. your use of the Site being interrupted or any loss, corruption or interception of data sent to or from our Site which occurs outside of our computer systems
   5. linking to any other site, or
   6. any other matter regarding this Site and your use of it.
4. We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
5. Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
6. We will not be liable for any failure to delay in performing any of our obligations under these terms of use if such delay is caused by circumstances beyond that party’s reasonable control.
7. As a condition of using the Site, you agree to defend, indemnify and hold harmless Asahi Beverages and any other related party of Asahi Beverages from all damages, costs and expenses including reasonable legal fees and costs, arising out of:
   1. your use of, or activities in connection with, the Site
   2. any breach or violation of any of these Terms of Use
   3. any allegation that any material which you send to the Site or create through the Site infringes or otherwise violates the intellectual property, privacy, or other rights of a third party, or gives rise to a claim of libel or defamation, or
   4. any other matter regarding this Site and your use of it.
8. You agree to work in cooperation with us in the defence of any such matter. We reserve our rights to assume the exclusive defence and control of any matter (at your expense) subject to indemnification by you.

1. We control and operate the Site from Victoria, Australia. All matters relating to the Site are governed by the laws of Victoria, Australia, without reference to any conflict or choice of law principles.
2. You agree that any legal proceedings relating to the Site will be held in Victoria, Australia and these proceedings will be determined in accordance with Victorian law.
3. You also agree that the courts of Victoria are an appropriate forum to hear any legal proceeding in relation to the Site.
4. Please note that we do not warrant or imply that the Site or materials on it are appropriate for use outside of Australia. Information contained in the Site concerning products or services is applicable only in Australia.
5. If you are located outside of Australia, you are solely responsible for compliance with any applicable local laws.

1. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
2. These terms of use constitute the entire agreement between us and you in relation to the Site and supersede any other communications or displays between us and you in relation to the Site.
3. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use
4. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
5. The word “including” when used in these terms of use is not a term of limitation.

Mail: Consumer Relations Centre, Private Bag 1, Tullamarine VIC 3043

Telephone Toll Free:
Australia:  1800 244 054
New Zealand: 0800 242 754

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Date of last revision: 9 December 2015

I have read and agree to be bound by these Website terms of use.

Asahi Beverages – Privacy Policy (including Credit Reporting)

Contents

1. Who we are and how this policy applies to you

1. Asahi Holdings (Australia) Pty Ltd (ABN 48 135 315 767) and its subsidiaries (‘Asahi, ‘we’, ‘us’ and ‘our’) form one of the leading beverage company groups in Australia and New Zealand. We are committed to protecting your privacy and the confidentiality of the personal information that we collect from you in the course of running our business.
2. When you interact with us, our website or our services, we may collect, use and share information, including your personal information.
3. Personal information is defined in the Privacy Act 1988 (Cth) and the Privacy Act 2020 (NZ) (‘Privacy Acts’). It includes information that could identify you, for example- your name, personal details or information about your use of our websites and apps.
4. This privacy policy covers all of our products and services and applies to all people who deal with us. This includes commercial customers (who we sell our products to), individual consumers of our products, individuals who participate in a game, promotion, survey or other feature conducted or operated by us, and individuals that use our websites. This also includes our suppliers and entities that enter into sponsorship or other agreements with us.
5. This policy sets out:
   1. how we handle personal information that we collect about you,
   2. the main reasons we may collect your personal information,
   3. the ways we protect your privacy and how you can access your personal information, and
   4. how we comply with our key obligations under the Australian Privacy Principles and the New Zealand Information Privacy Principles.
6. We may change this policy to reflect changes in our products and services or changes in laws. We will display a notice on our website explaining the changes we have made.
7. This policy is part of our Terms of Use. You can read our Terms of Use at https://asahi.com.au/terms-of-use.
8. In addition to this policy, when collecting personal information from Australian individuals we may also issue ‘collection notices’. Collection notices provide individuals with further information on how we intend to collect, use, disclose and retain personal information they provide.
9. Protecting children’s privacy is important to us. We operate our websites and market our products and services in compliance with all applicable Australian and/or New Zealand laws. Our websites, applications and promotions are not targeted at individuals 18 years of age or younger and we do not intentionally collect or store information about any person younger than 18. All visitors to our alcohol branded websites must confirm they are at least 18 before they will be granted access.

2. Personal information we collect

2.1.  What information do we collect?

1. We collect a range of personal information to carry out our functions and activities. We have used examples in this section to describe the information we collect and the reason we collect it, but these examples do not include all personal information that we collect.

Commercial customers: We may collect the following types of information when dealing with you as a representative of a commercial customer:

• Personal and contact details (including email address and phone number)
• Financial information (such as credit card or bank account numbers)
• Information about how you use our products and services
• Your interactions with us, including cookies
• Any visual recordings we make, such as CCTV recordings when you’re at an Asahi site, or recording training or meetings that occur online

Consumers: We may collect the following types of personal information when you use our products or services, including interacting with our website, apps and social media:

• Personal and contact details (including email address, address and phone number)
• Your interactions with our websites, apps and social media profiles (this may include your social media handles, IP address, location data from your device and cookies)
• personal information provided in connection with the game, promotion, survey or other feature you are participating in

Job applicants: We may collect the following types of personal information when you apply for a job with us:

• Personal and contact details (including email address, address and phone number)
• Your employment history
• Your tax file number, if you are appointed to a job with us

2. In Australia, personal information can also be ‘sensitive information’. This includes information or an opinion about an individual’s racial or ethnic origin, political opinions or associations, religious or philosophical beliefs, trade union membership or associations, sexual orientation or practices, criminal record, health or genetic information, some aspects of biometric information. Sensitive information has a higher level of privacy protection than other personal information.
3. We will get your consent to collect sensitive information unless we are required by law to collect it without obtaining your consent.
4. We may use CCTV at our premises that capture images of people and activity or other surveillance devices of a similar nature to help ensure workplace health and safety as well as the security of our staff, visitors and property. Footage that sufficiently identifies individuals is considered personal information and is subject to the Privacy Acts. Any footage that we collect will be used solely for these purposes or as required by applicable law. We will keep this information secure and it will be destroyed or de-identified in no more than 365 days unless we are legally required to retain it for longer.

2.2. Our use of cookies

1. We collect data about your website usage through the use of cookies and other technologies. Cookies are information that the site sends to your browser, which are stored as small files on your hard drive. The use of cookies allows the site to record what specific pages you have visited. Websites can provide services and tailored information by using cookies together with the information provided by you.
2. We may use cookies:
   1. to enhance your experience on our websites,
   2. to customise our websites, products and services to you,
   3. to help us manage advertising and displays ads likely to be of interest to you, and
   4. to statistically analyse, compile and publish information. No personal information will be included in the end result of this process.
3. You can adjust your browser settings to block the use of cookies or to warn that a cookie has been accepted. Most of the services provided on our websites can be accessed even if the browser blocks cookies. There may be some services that only offer limited access, or no access, if cookies are disabled.
4. We use also use cookies developed by our third party service providers for a number of purposes.
5. Our apps and websites may also include links to third-party apps and websites. We take reasonable care when we select the websites that we link to but we aren’t responsible for the content, accuracy or privacy practices of those websites.

2.3. When we collect personal information from third parties

1. Most of the personal information that we collect is provided by you directly when you engage with us or when we request it from you. Sometimes we also collect personal information from third parties, such as information from our related companies, credit reporting agencies, marketing and PR agencies or your representatives. We may also collect personal information by other means such as through our websites, social media sites or other publicly available sources of information.
2. Sometimes we may also ask you to give us personal information about other people, such as your authorised representative. If you provide us with this personal information, we rely on you to tell those people that you are giving their personal information to us and to provide them with a copy of this policy.

2.4.  What happens if you don’t want to provide your personal information?

1. You can choose not to provide us with your personal information. However, if you don’t we may not be able to provide you with our products and services.
2. You also have the option of dealing with us anonymously or with a pseudonym. However, this is usually only possible if you have general enquiries.

3. How we use personal information

We use your personal information when you interact with us, including when you buy our products or services (as a commercial customer or as a consumer). We will also use your personal information to operate our business and to develop new products and services. When you interact with us, we may use your personal information to:

• verify your identify
• facilitate your registration as a website user
• enable you to participate in promotions and other activities
• provide you with products or services that you have requested (for instance, orders made through Asahi Drinks Cart in Australia or Drinks Trolley in New Zealand), and to provide you with any other benefits you may subsequently be entitled to in relation to these products and services
• identify how our products and services are being used, and develop and improve products and services
• provide you with news and information in relation to Asahi Beverages and our products and services
• tell you about other products or services that may be of interest to you
• promote and market to you products, services and special offers made available by us or our related companies, licensees and suppliers, or deliver marketing to you about products and services we think might be relevant to you
• maintain and develop our business systems and infrastructure, including testing and upgrading these systems
• assess your suitability for a job where you have applied for a role, and notify you about similar roles in the future
• comply with our legal obligations, including for the purpose of considering any concerns or complaints you raise with us, or in connection with legal proceedings or rights
• provide or facilitate related purposes to those set out above, where you would reasonably expect us to use or disclose information for that purpose

In addition, for commercial customers, we may use your personal information to:

• provide our products and services
• manage our business and keeping records
• manage and administer a product or service, including for ancillary activities such as charging, billing and collecting debts
• offer you the right products or services and we may ask for your view on how our products and services can be improved
• conduct checks for creditworthiness or fraud

4. How we share personal information

1. As part of operating our business we may share your personal information with:
   1. our related companies, which may involve your personal information being disclosed overseas (including but not limited to Japan)
   2. our professional advisers (such as lawyers and accountants) and service providers (such as marketing and PR agencies)
   3. our service providers and contractors (such as outsourcing contractors, marketing, telemarketing, market researchers, website usage analysts) but only to the extent it is necessary to the services they provide to us
   4. credit providers and credit related service providers
   5. third party service providers that manage some of our business functions, and
   6. government and regulatory authorities and other organisations, or as otherwise required by or authorised under the Privacy Acts.
2. Some of the personal information that we collect may be transferred to, stored or processed by our third party service providers located outside Australia and New Zealand. This includes:
   1. Third party service providers that help us perform business functions in the Philippines and other locations.
   2. Systems and IT providers that may store personal information offshore, including but not limited to the UK and the Netherlands.
3. When we engage external service providers, we take steps to ensure that those external service providers comply with the Australian Privacy Principles and Information Privacy Principles (under the respective Privacy Acts) when they handle personal information about you and that they are authorised only to use personal information that we provide to them for the limited purposes specified in our agreement with them. Where we engage external information technology service providers, we ensure that wherever possible, our data is stored within Australia and New Zealand.
4. We have taken reasonable steps to ensure that your personal information will only be used or disclosed by those providers in a way that is consistent with Australian Privacy Principles and New Zealand Information Privacy Principles privacy laws. By providing your information to us, you agree to disclosure to our overseas service providers in accordance with this policy and you acknowledge that your personal information may not receive the same protections that it would have in Australia or New Zealand.

5.  How we protect personal information

1. We take reasonable steps to ensure the security of your personal information and have put in place reasonable security measures to prevent loss, misuse, or unauthorised access and alterations to personal information under our control. We require employees and service providers to maintain the confidentiality of any personal information we hold.
2. Unfortunately, we cannot and do not guarantee that unauthorised access to your personal information will not occur. It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
3. If we no longer require your personal information, we will take reasonable steps to destroy or alter that information so that it no longer identifies you. Any data destroyed is disposed of in an appropriate manner that protects the privacy of your information.
4. As part of our hiring process, job candidate personal information will be stored for a period of time after we receive your application, so we may notify you about similar future roles. We can de-identify or destroy personal information provided in connection with our hiring process, on request. If you are hired for a position at Asahi, we will retain the information provided during the application and recruitment process as part of your employee record.

6. How you can access and correct your personal information

1. Under the Privacy Acts, you have the right to access and correct your personal information.
2. We take reasonable steps to ensure the personal information we hold, having regard to the purpose for which it is held, is accurate, complete, relevant, up to date and not misleading.
3. We may deliver direct marketing to you about our products and services, or other products and services we think might be relevant to you. You can opt out of the direct marketing communications we send you (including by email) by following the unsubscribe instructions in marketing email, or by emailing us at: This email address is being protected from spambots. You need JavaScript enabled to view it..
4. If you want to access the personal information that we hold about you, please send us a request in writing to the Asahi Privacy Officer at: This email address is being protected from spambots. You need JavaScript enabled to view it.. We don’t usually charge a fee but if we do need to, we will let you know before we proceed. We also need to confirm your identity before we can correct your information.
5. If you ask us for access to your credit information, we won’t charge a fee unless you have already made a request in the previous 12 months. If you have made a request in the previous 12 months, we may request a reasonable charge for providing access.
6. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly. If you think that the personal information we hold about you is inaccurate, or out-of-date, or if you have other queries about accessing and correcting your personal information, please contact us.

7. Credit reporting

7.1. Credit reporting

1. We may provide credit to individuals in connection with our products and services (for example, we may provide commercial credit to individuals, and conduct associated credit checks). This means that we may collect credit related information and credit eligibility information about you (referred to in this policy as ‘Credit Information’). This section of the policy sets out how we manage your Credit Information.

7.2. What Credit Information do we collect?

1. If you apply for credit or already have credit with us, we may collect the following types of Credit Information about you:
   1. identification information,
   2. basic information about your credit account and your credit history (including any missed or late repayments that you have made),
   3. details of any credit provided to you by other credit providers or details about information request we make about you to other credit reporting bodies,
   4. any credit rating or credit assessment score that we have derived or that is provided to us by a credit reporting body, and
   5. details of any credit-related court proceedings or insolvency applications that relate to you.

7.3. How do we collect Credit Information?

1. Please see paragraph 2 of this policy ‘How we collect personal information’.
2. In addition to the information listed at paragraph 2, we obtain Credit Information from credit reporting bodies. 

7.4. How do we use Credit Information?

1. We may use your Credit Information in the following ways:
   1. processing credit-related applications and managing credit that we provide,
   2. determining a credit assessment score for you to help us decide whether or not to provide credit to you,
   3. collecting payments that are owed to us in respect of any credit that we have previously provided to you,
   4. assessing your suitability as guarantor or communicating with a third party who acts as your guarantor,
   5. participating in the credit reporting system and providing information to other credit reporting bodies,
   6. dealing with complaints or regulatory matters relating to credit or credit reporting,
   7. as required or authorised by another law, and
   8. where you otherwise expressly consent to the use of disclosure.
2. New Zealand only: In order to achieve some of these purposes set out in paragraph 7.2, we may disclose information to credit reporting agencies, which both collect and supply such information to us (at any time there is an amount outstanding). Where applicable information is shared with these credit reporting agencies, they are obliged to observe the confidential nature of such information and are prohibited from using any or all of this information other than for the purpose for which it was provided. Such credit reporting agencies are also required to comply with the Credit Reporting Privacy Code. If you ask us to, we will take reasonable steps to request correction of your personal information with a credit reporting agency.
3. In some cases, the people to whom we may disclose your Credit Information may be based outside of Australia or New Zealand – see paragraph 4 (‘How we share personal information’ for more information.

7.5. Access and correction to Credit Information

1. Please refer to paragraph 6 of this policy – ‘How you can access and correct your personal information’.

8. Making a complaint

1. If you want to make a complaint about how we handle your personal information or your Credit Information, please contact the Asahi Privacy Officer via This email address is being protected from spambots. You need JavaScript enabled to view it.. We will deal with all requests for access to personal information or complaints as quickly as possible and will endeavour to get back to you within a reasonable time frame.
2. If you have not received a response in less than 30 days or are not satisfied with our response to your complaint, you may lodge a complaint as follows:
   1. in Australia with the Office of the Australian Information Commissioner (“OAIC”) via their website at http://www.oaic.gov.au/; or
   2. in New Zealand with the Office of the Privacy Commissioner via its website at http://www.privacy.org.nz/.

9. Additional information and how to contact us

1. If you have any questions or comments about this policy or would like to request a copy of this policy in a different format, please contact us using the details below.

Contact: Asahi Privacy Officer

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Telephone:
Australia: 1800 244 054
New Zealand: 0800 242 754

Address: 58 Queens Bridge Street, Southbank VIC 3006

This privacy policy was last updated: 16 December 2022