COMPLAINTS AND APPEAL POLICY
The Spirit Of Wine Australia Pty Ltd (ACN 650927085) ("TSOW") aims to provide a consistently excellent level of service to students.Whilst every care is taken to ensure high-quality standards. There may be occasions where we fall short.
Where we use the words "we", "us", "our(s)", and "TSOW", we are referring to The Spirit of Wine Australia Pty Ltd (ACN 650927085).
1 Policy aim and purpose
1.1 TSOW is committed to providing individuals directly affected by our services with the opportunity to provide feedback on whether or not standards have been met.
2 Definition of a complaint
2.1 A complaint is an expression of dissatisfaction about the standard of service, actions, or lack of action by TSOW, a member of its staff or a representative affecting TSOW’s students/candidates.
2.2 Dissatisfaction may be associated with the way an individual perceives to have been treated by TSOW, its member of staff or representative, which may or may not be justified or associated with professional misconduct.
3 Equality of access and treatment
3.1 The act of filing a complaint will in no way prejudice the complainant. Complainants will be guaranteed confidentiality unless they waive that right but should be aware that while TSOW will not divulge their name, the circumstances of the complaint could potentially make them identifiable to other parties involved in the investigation.
4 Who can make a complaint?
4.1 Complaints can be made by a candidate who has been adversely affected or someone acting on behalf of the candidate (referred to as third parties).
4.2 A Third-party submitting a complaint on behalf of the candidate may only do so with written permission to represent the candidate and their interests. This must be presented to and accepted by TSOW.
4.3 Candidates wishing to raise dissatisfaction about services provided by TSOW must address their concerns directly with TSOW.
5 Anonymous complaints
5.1 Receiving a complaint from an unidentified source potentially limits TSOW’s power to effectively investigate that complaint. However, if an anonymous complaint is received, TSOW will consider if there is enough information in the complaint to enable further investigation. The decision on whether to pursue the complaint rests with TSOW.
6 How to make a complaint – Informal process
6.1 The informal approach aims to resolve the concern quickly, keep matters low key and enable mediation between the complainant and the individual to whom the complaint has been directed.
6.2 Therefore, the complainant should contact TSOW for an informal discussion, in response to which TSOW will aim to resolve the concern by providing an explanation, apology or another desirable outcome.Contact via email Aruni@thespiritofwine.com.au: Mobile:-+61439907612
6.3 The formal complaints procedure should be followed if a concern cannot be satisfactorily resolved informally. It might be necessary to provide further information to ensure the complaint is fully understood and thoroughly investigated and allow for a comprehensive response to be provided.
7 Formal process
Stage 1
7.1 Formal complaints are submitted in writing and marked for the attention of Ms Aruna Vaswani via email to Aruni@thespritofwine.com.au. Mobile – +61439907612 (the director of TSOW). When submitting a complaint, the complainant must provide the following:
a) Name, address, and contact information.
b) Full details of the complaint, i.e., the cause of dissatisfaction with operations, actions, or behaviour.
c) All supporting information, i.e., relevant documentation, dates, locations, and any witnesses.
d) Details of any previous attempts to resolve the identified dissatisfaction.
e) What action or response do they seek to resolve the dissatisfaction.
7.2 TSOW will log the complaint and acknowledge the complaint in writing within five working days of receipt. Complaints will be investigated. The complainant or any other named parties may be contacted for further information as required.
7.3 A response, including an explanation and resolution, will be provided within 20 working days by TSOW. Exceptionally (e.g., in incredibly complex or serious complaints), it may be necessary to extend the duration of the investigation. In that case, the complainant will be notified and given a revised timescale.
Stage 2
7.4 Following Stage 1, if a complaint remains unresolved, the complainant should notify Aruna Vaswani, the director of TSOW, in writing that they wish to pursue the complaint to the next stage. Acknowledgement of further investigation will be provided to the complainant in writing within five working days. TSOW will log the further complaint.
7.5 Aruna Vaswani, the director of TSOW, will conduct a further investigation into the cause of dissatisfaction, after which TSOW will communicate directly with the complainant and provide an explanation and resolution. This will be communicated to the complainant within 30 working days. The duration of further investigation will depend on the nature and severity of the complaint and the complexity of the response required. In some cases, the investigation may take longer, and, in such instances, the complainant will be notified of the revised timescale.
8 Appeals
8.1 If the complainant remains dissatisfied with the response provided by Aruna Vaswani, the director of TSOW, they may submit an appeal to Governance at governance@wsetglobal.com.
CONFLICT OF INTEREST POLICY
1 Where we use the words "we", "us", "our(s)", and "TSOW", we are referring to The Spirit of Wine Australia Pty Ltd (ACN 650927085).
2. TSOW has a conflict of interest ('Conflicts of Interest') policy as detailed below:
2.1. A Conflict of Interest exists where an individual has interests or loyalties that could adversely influence their objectivity,or loyalty to TSOW when conducting activities associated with WSET's qualifications.
2.2 Examples of Conflicts of Interest include:
a) The undertaking of any assessment of candidates by an individual who has a personal interest in the result of theassessment for any or all individuals concerned; or
b) The undertaking of any moderation of assessment of candidates by an individual who has a personal interest in theresult of the assessment for any or all individuals concerned; or
c) The tutoring of candidates by an individual involved in the assessment process.
d) The undertaking of a WSET qualification by any individual employed by TSOW;
e) The invigilation of a WSET assessment by any individual involved in the delivery of training leading to theassessment;
f) The coaching of candidates by any individual involved in the assessment of candidate scripts or the authoring of exam questions;
g) The employment by TSOW's individuals engaged in the delivery of tutoring or the role of Internal Assessor in another APP;
h) The investigation of a non-compliance incident by someone who is unable to act impartially.
2.3 Where WSET identifies a Conflict of Interest rather than the individual(s) concerned, the Head of Quality Assurance ("HQA") will take steps to mitigate the effect of the Conflict of Interest and may apply sanctions to an APP in accordance with the Malpractice and Maladministration Policy of WSET.
2.4 Please visit Governance at governance@wsetglobal.com for any other enquiries.
DIVERSITY AND EQUALITY POLICY
1 Where we use the words "we", "us", "our(s)", and "TSOW", we are referring to The Spirit of Wine Australia Pty Ltd (ACN 650927085).
2 TSOW complies with WSET's commitment to Diversity and Equality.
3 TSOW is committed to upholding the principles of diversity and equality in all areas of its work, seeking to ensure that all candidates and other stakeholders are treated fairly and equally at all times.
4 This policy applies to all TSOW's staff and to any individual acting on behalf of TSOW.
5 TSOW assures equality of opportunity for all its candidates by:
5.1 Promoting open access to TSOW's tutoring (having regard to the legal minimum age for the retail purchase of alcohol and assessment competence standards);
5.2 Ensuring that the format and content of all specifications, tutoring and other TSOW materials do not discriminate unlawfully against anyone on the grounds of disability, age, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation (having regard to the legal minimum age for the retail purchase of alcohol and assessment competence standards);
5.3 Allowing students/candidates with special educational needs, disabilities, or temporary injuries access to WSET's assessments without changing the demands of the assessments in line with our Reasonable Adjustment and Special Consideration policies;
5.4 Ensuring that this policy is taken into account during the development of new qualifications and other TSOW projects;
5.5 Collating and monitoring data on candidate's age, gender, ethnicity, and access arrangements, which are reportable in a non-attributable format;
5.6 Working with relevant organisations as appropriate to develop measures to identify and prevent inequality of opportunity; and
5.7 Review this policy regularly to ensure it continues to meet legislative and organisational requirements and is fit for purpose.
6 Candidates who believe they may have been unfairly discriminated against by TSOW should raise their concerns first with TSOW.
7 Reviewing this policy regularly to ensure it continues to meet legislative and organisational requirements and is fit for its purpose.
For any questions or queries, please feel free to contact wset@thespiritofwines.com.au
Please visit Governance at governance@wsetglobal.com for any other enquiries.
Please visit https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/australias-anti-discrimination-law
A quick guide to Australian discrimination laws | Australian Human Rights Commission
REASONABLE ADJUSTMENTS POLICY
1 Where we use the words "we", "us", "our(s)", and "TSOW", we are referring to The Spirit of Wine Australia Pty Ltd (ACN 650927085).
2 TSOW seeks to assess all candidates in a way that puts them at no disadvantage or advantage over other candidates.
3 TSOW adheres to all equality laws as applicable from time to time.
4 TSOW ensures that all candidates are given access to a fair assessment.
5 The objective of reasonable adjustment is to reduce the effect of a disability or difficulty that places the candidate at a substantial disadvantage in the assessment situation, vis-à-vis/in relation to candidates who are not disabled.
6 The disability may be permanent or temporary and may be caused by:
6.1 an illness or injury; or
6.2 some other event outside of the candidate’s control; or
6.3 which has had, or is reasonably likely to have had, a material effect on that candidate’s ability to take an assessment or demonstrate their level of attainment in an assessment.
7 Reasonable adjustments may involve:
7.1 Changing standard tutoring arrangements, for example, allowing candidates extra time to complete the tutoring activity;
7.2 supervised rest breaks;
7.3 Adapting assessment materials, such as providing materials in large text format;
7.4 adjustments made to an assessment for a qualification so as to enable a candidate to demonstrate their knowledge, skills and understanding to the levels of attainment required by the specification for that qualification;
7.6 Re-organising the tutoring room, such as removal of visual stimuli for an autistic candidate;
7.7 allow candidates to present their answers or evidence in any format as long as it enables them to demonstrate that they have met the assessment criteria; for example, answers or evidence do not have to be in written format unless specifically required by the assessment criteria; and
7.8 allow candidates to use any mechanical, electronic or other aids in order to demonstrate achievement as long as the aids:
a) are generally commercially available;
b) reflect the candidate’s normal way of working;
c) enable the candidate to meet the specified criteria;
d) do not give the candidate an unfair advantage.
7.9 Reasonable adjustments will be approved and put in place before the assessment activity takes place. The use of a reasonable adjustment will not be considered during the assessment of a candidate’s work.
7.10 TSOW is only required by law to do what is reasonable. What is reasonable will depend on the individual circumstances, cost implications and the practicality and effectiveness of the adjustment. Other factors, such as the need to maintain competence standards and health and safety, will also be considered.
7.11 The adjustment that is appropriate for a particular assessment will depend upon the following:
a) specific assessment requirements of the qualification;
b) type of assessment;
c) particular needs and circumstances of the individual candidate.
8 TSOW will adopt a flexible approach in identifying alternative ways of achieving the assessment requirements.
9 The outcome produced by the candidate must at all times:
9.1 meet the requirements of the specifications regardless of the process or method used;
9.2 be assessable; and
9.3 be able to be moderated or verified.
10 In the case of long-term illness of an individual candidate or when a permanent health condition/disability means a candidate’s completion of assessment takes additional time, it may be possible to permit an extension to the deadline for submitting work for certification.
11 TSOW will under no circumstances compromise on the health and safety of a candidate for the purpose of assessment.
12 In a practical activity, if there is a concern that the effects of a person’s disability or difficulty may have health and safety implications for themselves and for others, a suitably qualified person from TSOW will carry out a risk assessment related to the candidate’s particular circumstances.
13 The risk assessment will identify the risks associated with the particular activity but should also take account of any reasonable adjustments put in place for the candidate, which may remove or reduce the risk.
14 The risk assessment may reveal that it is not possible for the candidate to fulfil all the assessment requirements, in which case TSOW will contact WSET Awards to discuss individual cases. The decision of WSET will be final under these circumstances.
15 Candidates will only be eligible for reasonable adjustments if their disability or difficulty places them at a substantial disadvantage in the assessment situation.
16 Candidates will be eligible for reasonable adjustments if their performance during an assessment is likely to be substantially affected by a particular impairment.
17 Any adjustment to the assessment will be based on what the candidate needs to access the assessment. For example, candidates with the following needs may be eligible for adjustments to assessments:
17.1 Communication and interaction needs, in which event the candidate may be allowed the use of a word processor, scribe or English interpreter and extra time.
17.2 Cognition and learning needs in which event the candidate may be allowed extra time and assistance with reading and writing.
17.3 Sensory and physical needs in which event the candidate may be allowed the use of an interpreter, practical assistant, reader and scribe and use of extra time to complete assessments.
17.4 Behavioural, emotional and social needs in which event the candidate may be allowed the use of supervised rest breaks and separate accommodation, and if required, the use of a prompter.
18 Adjustments to assessments will be based on the individual need of the candidate and will:
18.1 not invalidate the assessment requirements of the qualification;
18.2 not give the candidate an unfair advantage;
18.3 reflect the candidate’s normal way of working.
19 Applying for a reasonable adjustment.
19.1 The candidate who believes that it will require an adjustment will need to apply to TSOW with complete details of their disability and other applicable circumstances before TSOW accepts the candidate. The acceptance of such a candidate is at the discretion of TSOW.
19.2 Any application for an adjustment to assessment must be supported by valid, sufficient, and reliable evidence.
19.3 An application for a reasonable adjustment must be made to wset@thespiritofwine.com.au at least six (6) weeks prior to the examination date .
19.4 TSOW reserves the right to call for further supporting evidence if the disabilities are not obvious, which may include but are not limited to written evidence produced by independent, authoritative, external specialists. This could take the form of medical, psychological or professional reports or assessments. These reports should state the person’s name, title, and professional credentials who carried out the assessments and wrote the report. The report should set out the nature of the difficulty and the extent to which the candidate is affected by the difficulty, including the effects of any medication that the candidate may be taking.
19.5 In cases where it might be expected that there could be changes in the way the candidate is affected by the difficulty, there will have to be evidence of assessments and consultations carried out within the preceding two years by an independent expert
19.6 TSOW will identify at the time of enrolment any special needs of the candidate.
19.7 TSOW will keep records of all reasonable adjustment applications.
19.8 Candidates and their advisors should be aware that it is not appropriate to make requests for reasonable adjustments where the candidate’s particular difficulty directly affects performance in the attributes that are the focus of the assessment.
19.9 TSOW will not remove or alter the physical features of its training area to comply with the duty to make reasonable adjustments for disabled candidates. Similarly, TSOW does not need to provide auxiliary aids for personal purposes unconnected with the education and services provided by TSOW.
19.10 If you are not happy with TSOW’s decision about the reasonableness of the adjustment, you may lodge a complaint using TSOW’s Complaints Procedure – please contact raj@thespiritofwine.com.au
19.11
Please visit Governance at governance@wsetglobal.com for any other enquiries.
SPECIAL CONSIDERATION POLICY
1 Where we use the words "we", "us", "our(s)", and "TSOW", we are referring to The Spirit of Wine Australia Pty Ltd (ACN 650927085).
2 Special consideration is an action taken after an assessment to allow candidates who have been disadvantaged by temporary illness, injury, indisposition, or adverse circumstances at the time of the assessment to demonstrate attainment.
3 Special consideration will not give an unfair advantage over candidates for whom special consideration is not being applied or alter the assessment demands of the qualification as detailed in the applicable Specification.
4 A candidate may be eligible for special consideration if:
4.2 Alternative assessment arrangements which were agreed upon in advance of the assessment proved inappropriate or inadequate.
4.3 There is a sufficient link between the part of the assessment to which special consideration is applied and other parts of the qualification that have been achieved to infer that the candidate could have performed more successfully in the assessment.
4.4 There is no alternative assessment opportunity available within the next six months.
4.5 A candidate will not be eligible for special consideration if:
a) no evidence is supplied to TSOW that the candidate has been affected at the time of the assessment by a particular condition;
b) any part of the assessment is missed due to personal arrangements, including holidays or unauthorised absence;
c) insufficient evidence is available from achievement in comparable assessment components / there is no sufficient link between the part of the assessment to which special consideration is applied and other parts of the qualification that have been achieved to infer that the candidate could have performed more successfully in the assessment;
d) an alternative assessment is available within the next six months, or preparation for a component is affected by difficulties during the course, e.g. disturbances through building work, lack of proper facilities, changes in or shortages of staff, industrial disputes;
e) The application of special consideration would mislead the user of the certificate as to the candidate's attainment.
f) WSET Awards cannot reliably quantify the effect on the final assessment.
4.6 Special consideration may result in a small post-assessment adjustment to the candidate's mark. The size of the adjustment will depend on the circumstances during the assessment and will reflect the difficulty faced by the candidate, but it will always be a minor adjustment so as not to jeopardise the integrity of the assessment.
5 Applying for special consideration
5.1 The candidate must submit a Special Consideration Application Form to TSOW, via email wset@thespiritofwine.com.au who will forward the same to the Exams Manager of WSET within seven working days of the assessment date for which special consideration is being sought. Eligibility will only be considered if accompanied by supporting independent documentation to be provided by the candidate.
5.2 An application for special consideration should be submitted as soon as possible after the assessment and not later than 4-5 working days after the examination.
5.3 If the application for special consideration is successful, the candidate's performance will be reviewed based on available evidence. It should be noted that a successful application of special consideration will not necessarily result in a change to a candidate's result
5.4 In cases of severe disruption during the exam, the Exams Officer will submit a detailed report of the circumstances and candidates affected to WSET. This will be returned with the completed exam papers.
5.5 TSOW will keep records of all applications for special consideration.
6
Please visit Governance at governance@wsetglobal.com for any other enquiries.
MALPRACTICE AND MALADMINISTRATION POLICY
1 Where we use the words "we", "us", "our(s)", and "TSOW", we are referring to The Spirit of Wine Australia Pty Ltd (ACN 650927085).
2 This policy aims to protect the interests of the candidates and safeguard the integrity of WSET's qualifications by ensuring compliance with WSET's Policies and Procedures. It provides a framework for identifying, reporting, and managing any potential malpractice or maladministration and for applying sanctions.
3 Non-compliance with TSOW's Policies and Procedures generally falls into one of two categories:
3.1 Maladministration, where non-compliance is accidental rather than intentional; and
3.2 Malpractice is where non-compliance is intentional or the result of negligence.
4 The boundaries between maladministration and malpractice are not clear-cut. Some incidents may fall into either category depending on the broader context. Some maladministration incidents may become malpractice, e.g., through failure to implement corrective measures, repetition of the incident, or subsequent attempts at non-disclosure or misrepresentation. A malpractice incident may be deemed maladministration if there are extenuating circumstances. TSOW will determine whether a situation is a maladministration or malpractice following an investigation.
5 Malpractice or maladministration may include:
5.1 Submission of false or inaccurate information to gain admission;
5.2 Cheating, including the use of unauthorised devices or materials;
5.3 Disruptive behaviour in an exam;
5.4 Plagiarism of any nature by students;
5.5 Impersonation (including forgery of signatures);
5.6 Any action likely to lead to an adverse effect;
6 TSOW is responsible for implementing quality management and reporting systems to ensure WSET Policies and Procedures compliance.
7 Notifications should be sent to raj@thespiritofwine.com.au
8
Please visit Governance at governance@wsetglobal.com for any other enquiries.
PRIVACY POLICY
Where we use the words "we", "us", "our(s)", and "TSOW", we are referring to The Spirit of Wine Australia Pty Ltd (ACN 650927085).
We are committed to protecting your privacy.
At all times, TSOW aims to respect any personal information you share with TSOW or that TSOW receives from others and keep it safe.
This document sets out our data processing practices and your rights and options regarding how TSOW uses and collects your personal information.
If you have any queries, please contact the Company's data protection contact by emailing wset@thespiritofwines.com.a
1 Who we are and how to contact us
1.1 We are The Spirit of Wine Australia Pty Ltd, (ACN) is 650 927 085.
1.2 Our registered address is C/o Maroo Advisory Pty Ltd, 62 Farmer Street, North Perth, WA 6006.
1.3 Our Principal Place of Business is 48 Aruma Way, City Beach, WA 6015.
1.4 Our Postal Address is 48 Aruma Way, City Beach, WA 6015.
1.5 If you have any questions about how we use your personal information or how we comply with our responsibilities, please contact us as follows:
a) Email: wset@thespiritofwines.com.au
b) Call: +61 439 907 612
c) Postal Address: 48 Aruma Way, City Beach, WA 6015.
2 How we collect your personal information
2.1 We collect your personal information in several different ways, depending on how you engage with us. We have set out these methods below.
3 When you directly provide it to us
3.1 For example, when you subscribe to our newsletter, respond to our survey, or register with us for a WSET hosted course or event.
4 From your register with us for an exam
4.1 When you are registered with us for an exam with WSET, we will collect some of your personal information to identify and manage your qualifications and results and provide the same to WSET.
5 When our systems collect information or personal information indirectly
5.1 For example, whenever you use our website. The most common type of information collected is in the form of cookies (cookies are small text files sent by your computer each time you visit our website) and can also include personal information transferred by the device you are using to access our website or mobile application. The manufacturer of your device or TSOW will have the details about what information your device shares.
6 What personal information we collect
6.1 The type of information we collect depends upon your engagement with us. We may collect the following information about you:
a) Your name, date of birth, gender and contact details (this could include your postal address, telephone number andemail address);
b) Purchases and orders made by you or on your behalf;
c) Your payment card details (which are encrypted) when you purchase any products or services (should you pay for one of our products or services over the telephone or using one of our payment forms, your card details will not beretained and will be securely destroyed);
d) When you set up an account with us, your login credentials;
e) Your marketing preferences;
f) Your correspondence with us;
g) In certain situations, information relating to health which may be required to support applications for reasonable adjustment and/or special consideration in the context of exams for WSET qualifications;
h) Your ethnicity and/or racial origin and such other information as may be required by our regulator in connection withthe delivery of WSET qualifications.
7 Why we collect your personal information
7.1 We use your personal information for several different reasons, which we set out below.
a) To provide you with the relevant tutorials and services.
b) To register you as a candidate with WSET and enable you to sit exams for WSET qualifications.
c) To administer and assist in conducting your exam, including making arrangements for reasonable adjustments and/or special considerations.
d) To communicate with WSET and issue your exam results and qualification certificate as appropriate.
e) To provide you with post-results services such as enquiries against results and appeals and solicit feedback from you on WSET qualifications.
f) To process your registration for any WSET-hosted courses or events.
g) To send you information regarding the course or event you are registered in (or which you have registered interest in).
h) To process sales of products or services you have purchased either from us.
i) To manage any account(s) for providing our online services, including but not restricted to our online classroom (if commenced in the future) where you have registered with us so that you can access relevant course materials.
j) To fulfil our services and communicate with you about them.
k) To verify your identity.
l) To research to better understand your requirements on the relevant products and services.
m) To personalise, report on, and improve the services and products we provide to you and provide you with a best-in-class customer service experience.
n) To send you marketing communications, including information about our services, upcoming events and links to our blogs.
o) To investigate any potential maladministration, malpractice or other non-compliance in connection with the delivery of WSET qualifications.
8 Lawful processing
8.1 We are required to rely on one or more lawful grounds to collect and use the personal information we have outlined above. We consider the grounds listed below to be relevant:
9 Legitimate interests
9.1 Where applicable, the law allows us to collect and use personal information for our or another person’s legitimate interests. The use of your personal information is fair, balanced and does not unduly impact your rights.
9.2 We rely on this ground to process your personal information when we believe it is more practical or appropriate than asking for your consent. Where you provide information on the online classroom (if commenced in the future), we will rely on the legitimate interest ground to communicate with you in most instances.
10 Consent
10.1 Where we ask for your consent for our use of your personal information for a specific purpose, for example, we will ask for your consent to send you marketing materials via email. You always have the right to withdraw your consent.
11 Contract
11.1 Where it is necessary to use your personal information to fulfil a contract with you or to take steps at your request prior to entering into one, for example, when you sign up for our online services (if commenced in the future), you are asked to agree to our terms and conditions. This creates a contract between you and us. It may be necessary to use your information to update you about access to our services or other such administrative matters.
12 Legal obligation
12.1 The processing of your personal information is necessary for us to comply with a legal obligation to which we are subject. For example, we may need to report matters from time to time to our regulators, including but not limited to any government department or law enforcement agency to whom we are obliged to provide information.
13 Special Categories of personal information
13.1 Data protection law recognises specific categories of personal information as sensitive, requiring more protection. These categories of data include information about health, ethnicity, and political opinions.
13.2 We may collect and/or use special categories of data in connection with the provision of our services, for example, in order to make adjustments for any disabilities or dietary requirements you may have. We will only process these special categories of data if there is a valid reason for doing so and where the data protection laws allow us to do so.
14 Marketing communications – Opt-in and Opt-out
14.1 TSOW will not send you any marketing information unless you have requested to receive email/text/social media message updates from us. However, if you have made a purchase from us in the past or contacted us in relation to one of our qualifications, in that case, we may contact you in the future about similar items or qualifications. We will always provide you with an opportunity to opt out of any further communication, as discussed more below.
14.2 For legal entities, such as companies, limited liability partnerships, and other incorporated organisations, TSOW operates an’ opt-out’ policy in compliance with the relevant data protection laws. We will continue to contact such businesses with news and information about our goods and services until we are informed that this communication is no longer required.
14.3 If you wish to be removed from our direct marketing list and do not wish to receive any further information from us (opt-out), in that case, you can inform us of this by clicking on the link at the bottom of each email communication you receive from us, or by our Contact Us page. Once this information is received, we will remove you from our direct marketing database.
15 Sharing your personal information with third parties
15.1 To provide you with products and services, we, on occasion, share some of your personal information with certain approved third parties. These include WSET, examiners, suppliers, our accountant (for example, our IT services provider) and regulatory bodies (for example, ASIC and other relevant government departments).
15.2 We reserve the right to disclose your personal information to third parties:
a) in the event that we buy or sell any business or assets, in which case we may disclose your personal information to the prospective buyer or seller of such business or assets;
b) if substantially all of our assets are acquired by a third party, personal information held by us may be one of the transferred assets;
with our professional advisors, e.g. lawyers, where necessary to protect our interests;
c) if we are under any legal or regulatory obligation to do so; and
d) in connection with any legal proceedings or prospective legal proceedings in order to establish, exercise or defend our legal rights.
16 How do we keep your personal information secure?
16.1 We will only ever share data specific to its intended use.
16.2 Specific details of what data we have shared are available to you on request.
17 International Data Transfers
17.1 While we are based in Australia, our reach is international, with candidates and course providers worldwide. We may also have our back office in locations other than Australia. This means that it is possible that the personal information we collect from you will be transferred to and stored in a location outside Australia.
17.2 Please note that certain countries outside of Australia have a lower protection standard for personal information, including lower security protections. Where your personal information is transferred, stored, and/or otherwise processed outside Australia in a country that does not offer an equivalent standard of protection to Australia, we will take all reasonable steps necessary to ensure that the recipient implements appropriate safeguards designed to protect your personal information. For instance, we may use cloud providers to store personal information who have servers in Australia. If you have any questions about transferring your personal information, please contact us using the details above.
18 Data retention – how long do we hold your personal information
18.1 We will not hold your personal information for longer than is necessary for the purposes described in this privacy policy. If, however, you have completed one of our tutorials, we will retain your information for a period of three (3) years in order to comply with our regulatory obligations.
18.2 For full details about our retention policy, please contact wset@thespiritofwines.com.au
19 Your rights
19.1 You have several rights under data protection law; these are summarised below.
20 The right to be informed
20.1 You have the right to total transparency on how we are using your personal information; we will endeavour to make this clear by ensuring that this document is regularly reviewed and updated, but if you have any concerns or questions, please send them to our data protection contact at wset@thespiritofwines.com.au
21 Your right of access
21.1 You have the right to know what information we hold about you and how it is processed. If you wish to access your personal information, contact wset@thespiritofwines.com.au. If we are satisfied that you have a right to see this personal information and we are able to confirm your identity, in that case, we will, except in very limited circumstances, provide you with this personal information.
22 The right to rectification
22.1 If you think that the information we hold about you is inaccurate or incomplete, or if your contact details change, please ask us to amend/update it by contacting wset@thespiritofwines.com.au
23 The right to erasure
23.1 You reserve the right to ask us to delete your personal information; however, this is not an absolute right. We can refuse to erase personal information, which we need to keep in order to comply with legal obligations. For example, we are required by certain government departments to keep personal information for up to 7 years for tax reporting purposes and in relation to investigations by law enforcement agencies.
23.2 When you ask us to delete your personal information, we may clarify whether you no longer wish to hear from us again. If this is the case, we may retain limited information about you to make sure you are removed from all future marketing lists.
24 The right to transfer your personal information (known as data portability)
24.1 You have the right to move, copy or transfer your personal information from one organisation to another. If you wish to transfer your personal information, we would be happy to help. If you ask for a data transfer, we will give you a copy of your personal information in a structured, commonly used and machine-readable. We can provide personal information to you directly. When making a transfer request, it would be helpful if you could identify exactly what personal information you wish us to transfer. We will comply with your request within one month or within two months if the request is complex or you have several requests.
25 The right to object
25.1 If you would like us to stop processing your personal information:
a) for marketing purposes; or
b) based on legitimate interests; or
c) for research purposes, simply let us know by contacting wset@thespiritofwines.com.au
If you would like to exercise any of the above rights, or if you have any questions or complaints, please contact wset@thespiritofwines.com.au
26 Privacy Policy Update
26.1 We may update this privacy policy from time to time to take account of any new business activity or to reflect any changes in law or best practices in relation to data protection
26.2 A copy of our latest privacy policy will always be available on our website.
27 Privacy Policy of WSET
27.1 Note that WSET, the Course Principal (“WSET”), also has its own privacy policy.
27.2 We encourage you to review WSET’s privacy policy, as well. The same can be accessed at via@dpc@wsetglobl.com and https://www.wsetglobal.com/privacy-and-cookie-policy
TERMS AND CONDITIONS
Where we use the words "we", "us", "our(s)", and "TSOW", we are referring to The Spirit of Wine Australia Pty Ltd (ACN 650927085).
1 AGE
1.1 The candidate must be over 18 years of age at the time of the application, which is the minimum legal age in Australia for consuming and purchasing alcoholic beverages.
1.2 If required, the candidate will provide a photo Identity to prove their age.
2 PAYMENT OF FEES
2.1 Full payment of the fee must be made at the time of booking.
2.2 TSOW will only confirm a seat once payment is received in full by TSOW and TSOW sends an email to confirm the reservation of the seat.
2.3 The booking form will only be accepted as a valid form with a signed candidate's declaration of having read and agreed to the terms and conditions.
3 CANCELLATION
3.1 TSOW reserves the right to cancel the course or change the course date for any reason, including not having received the minimum required number of candidates for the course, in which case the TSOW will refund the Course fees in full.
3.2 If a candidate with a confirmed seat cancels and cannot attend, a minimum of 14 working days' notice must be given prior to the commencement date of the course, failing which the candidate will not be entitled to any refund of the fee paid.
3.3 However if the candidate has got ill (proof of such needs to be provided), notice of cancellation of seat has to be given within 3 days of knowledge of the above situation. In such a situation, a candidate will be entitled to a change of date of course .
3.4 In the event a candidate cancels its confirmed seat within 14 working days' notice of the commencement date of the course, TSOW shall be entitled to charge an administrative fee of AUD 150.00 along with the entire cost of the study materials supplied (if any). TSOW shall refund the balance of the course fee paid to the candidate within 14 working days of the receipt of the cancellation.
3.5 Any candidate who has attended any teaching sessions or sessions and subsequently cancels his seat will be liable for full payment of the course fee and the study materials supplied (if any).
4 TRANSFER OF BOOKING
4.1 Transfers of a confirmed booking either to another course or candidate can be made up to 14 working days prior to the commencement date of the course.
4.2 An administration fee of $80.00 will be levied along with the cost of any study materials where applicable.
4.3 All transfer requests must be made in writing or via email to wset@thespiritofwine.com.au
4.4 All transfers are subject to the availability of space in alternate course/s and are at the discretion of TSOW
4.5 No transfer request can be arranged within 14 days prior to the commencement date of the course's first session.
5 EXAM/S
5.1 A candidate must present a photographic ID at all exams and will be refused entry to the exam if not produced
5.2 Photographic ID may be a valid Passport, Driver's Licence or National Identity Card.
5.3 Copies of photographic ID will not be accepted.
5.4 An administration fee of $80.00 will be levied to consider any request for alteration of the examination date.
5.5 A request for a change of exam date must be made in writing or via email to wset@thespiritofwine.com.au and must be received 21 working days prior to the original exam date.
5.6 Failure to attend a booked exam or exams will result in Resit Examination Fees.
5.7 Resit examination fees are not included in the cost of the booked course.
6 QUERY
6.1 For any query or clarification, please feel free to contact wset@thespiritofwines.com.au