Legal Information


Terms of Use

Welcome to this website of [HATCH] (hereinafter referred to as the "Site"). [HATCH], and all of its divisions, affiliates, and subsidiaries from time to time, may also be referred to herein as "we", "us" or "our" or as "[Hatch]". This Site comprises various web pages and is owned and operated by us. Parts of this Site may also be operated by our designated agencies or representatives.

PLEASE READ THESE TERMS OF USE ("Terms of Use") CAREFULLY BEFORE USING THIS INTERNET SITE

Use of this Site, including but not limited to browsing, participating in promotions, and purchasing products and/or merchandise from our online shop, are all subject to the legal Terms of Use outlined herein. By using this Site in any manner whatsoever, you signify your agreement to these Terms of Use and to the Product Terms of Use (the details of which are provided with any purchase of [Hatch] products). If you do not agree to these Terms of Use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time without prior notice to you. Therefore, we urge you to read them carefully each time you use this Site. Your continued use of this Site following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

1. LIMITATION OF LIABILITY

By visiting this Site, you acknowledge that technical processing and transmission of the Site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Site or utilized by you, for any human or technical error of any kind, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Site or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL [Hatch], ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED BOTTLERS/PACKAGERS/SUPPLIERS, PROMOTION AGENCIES AND ITS/THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS (TOGETHER “HATCH “AND ITS “RELATED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SITE OR PRODUCTS OFFERED AND/OR PURCHASED THROUGH ITOR ANY MERCHANDISE, SERVICES OR OTHER REWARDS OFFERED THROUGH THE SITE, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY VISITING THE SITE YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM AGAINST [HATCH] OR ANY OF ITS RELATED PARTIES.

[Hatch], its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered on any partner website. TO THE FULLEST EXTENT ALLOWABLE BY LAW, [Hatch] AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some provinces do not allow limitations on implied warranties, so the above limitation may not apply to you. You agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Site.

2. Errors, Inaccuracies or Omissions

We make every effort to ensure that the content on this Site is complete and current. However, we do not guarantee that the information contained on this Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. We reserve the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you.

3. Trade-Marks and Copyrights

All of the names, titles, logos, and designs on this Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of [Hatch], its parent, affiliates, or its licensed bottlers or suppliers. All other names, titles, logos and designs appearing on this Site are the property of their respective owners.

This Site may contain copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Material") and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. We own the copyright in the Material original to us and in our selection, coordination, arrangement and enhancement of the Material.

No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights by downloading any Material. The use of any Material on any other web site is prohibited.

4. Privacy

The use of this Site is subject to the [Hatch's] Web Privacy Policy, which forms a part of these Terms of Use.

5. Links to Other Internet Sites are Not Endorsement

This Site may contain links to other Internet sites which are provided to you for your convenience. All such other Internet sites are wholly independent from this Site and from us and we have no control or power over such other Internet Sites including their content. WE MAKE NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE OTHER INTERNET SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH OTHER INTERNET SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOUR USE OF SUCH OTHER INTERNET SITES IS SUBJECT TO THE TERMS OF USE GOVERNING SUCH INTERNET SITES.

6. Entire Agreement

These Website Terms of Use, together with our Product Terms of Use and our Privacy Policy constitute the entire agreement between us and you regarding the subject matter of this Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written between us and you with respect to such subject matter.

7. Severability

These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

8. Governing Law

This Site is intended for users who reside within Canada. We make no representation that materials on this Site are appropriate or available of for use in any particular location. Those who choose to visit and use this Site do so on their own initiative and are responsible for compliance with local laws. The Terms of Use as well as the use of this Site, including any order or purchase made through this Site, shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

9. MOBILE TERMS AND CONDITIONS

Any participant who elects to opt-in by text messaging will be automatically subscribed to receive periodical text message updates from [Hatch].

Participants may exit the program at any time by sending the word STOP to the specific mobile short code associated with the program/brand. Participants in need of assistance must send the keyword HELP to the specific mobile short code associated with the program/brand.

The text-messaging service is provided without charge, outside of the standard text messaging and data rates for text messages sent and received from a participant's handset according to the terms and conditions in their wireless calling plan (only Message and Data Rates May Apply). The text-messaging service may be subject to fees and charges imposed by a participant's wireless service provider under their mobile plan; beyond the control of [Hatch]. Text messaging and wireless service are not available in all areas. Not all handsets may be supported.


Privacy Policy

[HATCH], its subsidiaries, and its affiliated and related companies ("[Hatch]", "we", "us" or "our") recognize that our customers, community members, online visitors and other persons with whom we may interact ("you" or "your") are concerned about their personal information. We have developed a Privacy Policy ("Policy") that outlines how we collect, use, disclose and protect your personal information. Personal information is information about an identifiable individual, as more particularly described under applicable privacy legislation. This Policy applies to our collection, use and disclosure of personal information in Canada. This Policy does not apply to information about our employees or to information that is not personal information.

Our websites are controlled and operated by or on behalf of [Hatch] in Canada. The sites are hosted in [Canada], however this is not intended to subject [Hatch] to the laws or jurisdiction of any state, country or territory other than that of Canada.

We encourage you to read this Policy before using any of our websites. Your use of a [Hatch] website signifies that you agree with all terms of this Policy, so please do not use our websites if you disagree with any part of this Policy.

Information We Collect

[Hatch] and its agents and representatives collect personal information in a number of circumstances in the course of its business of developing and marketing its beverage products including soft drinks, water, fruit juices, fruit drinks and hot and cold brewed beverages. Personal information we collect includes:

*name, postal address, e-mail address, shipping address, mobile or telephone number, fax number, and other contact information;

*mobile carrier and model; *opt-in and opt-out to receive marketing materials;

*security key from image;

*screen name, password and user id for membership programs such as iCoke;

*credit card information required to complete transactions;

*your comments, requests and other inquiries;

*such other information we may collect with your consent or as permitted or required by law.

We generally do not require individuals to provide any personal information in order to obtain access to any of our websites. However, from time to time, and in order to participate in some of the special programs that we may offer on the [Hatch] websites, such as contests, sweepstakes and other promotions, or to register in a membership program, you will have to provide personal information.

What We Do With the Personal Information We Collect

We generally use the personal information we collect from you for the following purposes:

*administering games, contests, sweepstakes, and other promotional activities, including contacting potential winners and delivering promotional awards;

*administering membership or other programs ;

*providing "contact us" and comment features and responding to a comment, request or inquiry you have sent to us;

*providing the products or services you request including branded or unbranded merchandise offered for purchase online or offline;

*to offer you the opportunity to purchase branded or other merchandise online or offline;

*unless you "opt-out" or do not exercise an "opt-in" where available, to offer you email/fax/postal mail/telephone updates and announcements concerning our products and special promotions and to send you information and other materials relating to [Hatch] and/or [Hatch]'s affiliates' products, services or promotions;

*to offer promotions using SMS (short message service) and/or MMS (multimedia message service) for mobile phones; *to offer community functions such as chat rooms, instant messaging clients, forums, blogs, message boards, social networks and/or news groups. Please remember that any information you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these forums. [Hatch] cannot prevent such information from being used in a matter that may violate this Privacy Policy, the law or your personal privacy and safety and is not responsible for the results of such postings;

*to manage, administer, collect or otherwise enforce accounts;

*providing warranties for products or services, if applicable;

*following up with you to determine satisfaction with our products and services and conducting market research;

*maintaining business records for reasonable periods, and generally managing and administering our business including defending and bringing legal actions;

*meeting legal, regulatory, insurance, security and processing requirements;

*for such other purposes to which you may consent from time to time; and,

*for such other uses authorized, required or permitted by law.

Disclosure of your Personal Information

[Hatch] discloses personal information in the following circumstances:

Strategic Partners: From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with [Hatch]. We may share your name, email address and zip code with such third-party strategic partners; however, we will provide you with the opportunity to either opt into or opt out of such sharing when you set up an account and when you log in after we add a new strategic partner. As these third parties will use your personal information in accordance with their own privacy practices, you should check their websites for information regarding their privacy practices.

Affiliates: If you consent, [Hatch] may also disclose personal information to our parents, affiliates, or their authorized agents (including those located outside of Canada) so that they may provide you with information or offers relating to products or services that may be of interest to you, for internal audit, management, billing or administrative purposes, including defending and bringing legal actions.

In addition, we may provide affiliates or unaffiliated third parties with aggregate information about visitors to our sites. For example we might disclose the median ages of visitors to our websites, or the numbers of visitors to our websites that come from different geographic areas. Such aggregate information will not include personal information of any individuals such as individual visitors to our websites.

Service Providers: [Hatch] may transfer personal information to outside agents or service providers (including to our affiliates acting in this capacity) ("service providers") that perform services on our behalf, helping us operate our business and this Site. For example, mailing, call center, marketing, information technology and/or data hosting or processing services or similar services for the purposes described in this Policy, may collect, use, disclose, store or process personal information on our behalf for the purposes described above and in this Policy. These service providers may be located outside of Canada (including in the United States) and your personal information may be collected, used, disclosed, stored and processed in the United States or elsewhere outside of Canada for the purposes described in this Policy. We take reasonable, contractual, and other measures to protect your personal information while processed or handled by these service providers. These measures are subject to legal requirements in Canada, the United States and other foreign countries applicable to these service providers, for example, lawful requirements to disclose personal information to government authorities in those countries. Other U.S. or Canadian sites or, from time to time, certain activities on U.S. or Canadian sites might be governed by different privacy practices from those set forth in this policy. We encourage you to check the privacy practices of each Canadian or U.S. site that you visit. This Privacy Statement does not govern the collection of information by third parties.

Business Transactions: Personal information may be used by [Hatch] and disclosed to parties connected with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of [Hatch] or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. These purposes may include, as examples:

*permitting those parties to determine whether to proceed or continue with the transaction

*fulfilling reporting, inspection or audit requirements or obligations to those parties

Assignees or successors of [Hatch] or our business or assets may use and disclose your personal information for similar purposes as those described in this Policy. We may also share your personal information in the event of a transfer of ownership, assets or a bankruptcy of [Hatch], or if necessary to protect the interests or safety of [Hatch] or other visitors to this site.

Legal, Regulatory, and Other Disclosures: [Hatch] may disclose your personal information as necessary to meet legal, regulatory, industry self-regulatory, insurance, audit, and security requirements, and otherwise with your consent or as permitted or required by law including compliance with warrants, subpoenas or other legal processes (including as required by applicable Canadian and foreign laws applicable [Hatch] or our agents and service providers, and including lawful requirements to disclose personal information to government authorities in those countries).

Forums: [Hatch] may make available services on its websites (for example, message boards, forums, comment functionality and chat functionality, among other services) to which you are able to post information and materials. Please note that any information you disclose through these services becomes public information, and may be available to visitors to the Site and to the general public. In addition, when you choose to make a posting on these services, certain information (for example, your screen name and your location); will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose personal information, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.

Your Consent

Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (for example, by checking a box on a registration form that describes the intended uses and disclosures of personal information) or implied (for example, when you provide your telephone number so that we may respond to your inquiry). You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an "opt out" option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this Policy, if applicable, or otherwise at the time of collection.

You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services. Note also that where we have provided or are providing goods or services to you, your consent will be valid for so long as necessary to fulfil the purposes described in this Privacy Policy or otherwise at the time of collection, and you may not be permitted to withdraw consent to certain necessary uses and disclosures (for example, but not limited to, maintaining reasonable business and transaction records, and disclosure to Canadian and foreign government entities as required to comply with laws).

[Hatch] collects, uses and discloses your personal information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.

Personal Information of Minor Children

Important Note to Parents

In communicating (including with minor children), [Hatch] is especially mindful of the need to protect personal privacy.

We do not knowingly collect personal information from kids under 13 years of age. Where appropriate, [Hatch] will specifically instruct children not to submit personal information to our websites.

Parents should be aware that information that is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited email or other contacts. We encourage all parents to instruct their children on the safe and responsible use of the Internet.

Important Note to Children

Before providing your name, address, e-mail address, or any other personal information to us, be sure to ask your parents if it is ok.

Other Information We Collect Online

When you access and interact with one of our websites, we may collect certain information often referred to as "click stream data." Such data may include the type of Internet browser and operating system you are using, the pages and information you accessed on our site, the total time spent on our site, and the domain name of the website from which you linked to our site. Also, where you have previously identified yourself in the registration process as affiliated with a particular business or organization, we may record the fact that a representative of your business or organization visited the site, along with other click stream data concerning that visit. We may associate click stream data with your personally identifiable information while you are actively logged onto our sites, in order to tailor our website to better match your interests and preferences. We will not obtain any click stream data when you are outside our sites, except the domain name of the website from which you linked to our site.

Cookies

When you view one of our websites, we may store certain information on your computer. This information may be in the form of a small text file called a "cookie" and can help us improve your experience with our websites in many ways. This information stored on your computer's hard drive does not contain any personal information, but enables us to communicate more meaningfully with you. For example, cookies allow us to tailor a website to better match your interests and preferences. Notably, our websites use cookies to help understand which parts of our websites are most popular, where our visitors are going and how much time they spend there. Cookies are read only by the server that placed them, and are unable to execute any code or virus.

Also, in the event that we use specific programs with our website that require a user ID and password, you will be given the opportunity to request that we save your user ID and password so that you will not have to re-enter that information the next time you access the website. This function is accomplished by the placement of a cookie. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. Please be aware, however, that some features and programs of our websites may be unavailable to you if cookies are erased or blocked.

Some uses of cookies in connection with our websites may be under the control of unaffiliated entities that the Company retains for the management of certain programs and fulfilment of specific visitor/customer requests. The Company requires these entities to confine their use of cookies to the uses permitted by this Policy. If applicable, we may use a temporary session cookie to enable you to use a shopping basket (where provided). These temporary cookies are deleted when you exit your browser. Another type of cookie can be stored on your computer by your browser. When you log in, this type of cookie tells us whether you've visited us before or are a new visitor. We may use the cookie to help us identify site features, in which you have the greatest interest, so that we can provide more of what you may want.

Links

The [Hatch] websites may contain links to the websites of third parties. While we try to only link to websites that share our high standards of decency, fairness and integrity, [Hatch] has no control over and takes no responsibility for the content, policies or actions of linked websites. The use of linked websites is subject to the terms and conditions and privacy policies of such websites. Personal information practices on any linked websites are entirely separate from [Hatch] and are not covered by this Policy. Other websites, which may contain material not suitable for children, may also link to the [Hatch] websites without [Hatch]'s knowledge or consent. [Hatch] has no responsibility for the content, policies or actions of these websites.

Security

[Hatch] takes reasonable steps to protect the personal information it collects against loss or theft, as well as unauthorized access, use, copying, modification or disclosure. Personal information is protected using physical, electronic or procedural security measures that are appropriate to the sensitivity of the information in our control. Our security measures are periodically reviewed. You should keep in mind, however, that no network including the Internet is 100% secure and any information disclosed online can potentially be intercepted and used by parties other than the intended recipient. Accordingly, [Hatch] cannot be responsible for loss, corruption or unauthorized acquisition of personal information provided to its websites, or for any damages resulting from such loss, corruption or unauthorized acquisition.

Authorized employees, agents and mandataries of [Hatch] who require access to your personal information in order to fulfil their job requirements will have access to your personal information.

Access to and Correction of Personal Information

[Hatch] may establish and maintain a file of your personal information for the purposes described above, which will be accessible through [Hatch's] Privacy Manager, at [INSERT HATCH ADDRESS]. If you wish to request access or correction of your personal information in our custody or control, you may write to the Privacy Manager at the above address. Your right to access or correct your personal information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections. In some circumstances, we may not be able to provide access to your personal information, for example if it contains the personal information of other persons, if it constitutes confidential commercial information, or if it is protected by solicitor-client privilege. If we deny your request for access to, or refuse a request to correct, your personal information, we will advise you of the reasons for this refusal.

If you wish to make inquiries, including how you can obtain written information and answers to questions about the collection, use, disclosure or storage of personal information and about our policies and practices with respect to service providers outside Canada, or if you have complaints or have other concerns about our personal information practices, you may write to the Privacy Manager at [INSERT HATCH ADDREESS]; send us an e-mail to [INSERT HATCH SUPPORT EMAIL ADDRESS] or Telephone us at [INSERT HATCH TELEPHONE NUMBER].

Privacy Policy Changes

Any summaries of this Privacy Policy generated by third party software of otherwise are not binding on [Hatch], shall not be relied upon in substitute for this Policy, and neither supersede nor modify this Policy.

If we intend to use or disclose personal information for purposes materially different than those described in this Policy, we will make reasonable efforts to notify affected individuals, if necessary, including by revising this Policy. If you are concerned about how your personal information is used, you should contact us using the "Contact Us" option on our websites or visit one of our websites to obtain a current copy of this policy. We urge you to request and review this Policy frequently to obtain the current version, since your continued use of this site following any changes to this Policy will be deemed to constitute your acceptance of such change.