imperial tobacco canada - Conditions of use and online privacy statement



  

I Conditions of Use

This Website is owned and operated by Imperial Tobacco Canada Limited. Please read these Website Terms and Conditions of Use and Online Privacy Statement (collectively the “Terms”) carefully. By accessing and browsing this Website you agree to be bound by the Terms without limitations or qualifications. If you do not agree to be bound by the Terms, whether in whole or in part, you may not access or use this Website.

In these Terms, the following definitions apply:

The terms “ITCAN”, “we”, “us” and “our” are used to refer to Imperial Tobacco Canada Limited.

The terms "British American Tobacco", “the Group” and “The British American Tobacco Group” are used to refer to British American Tobacco p.l.c. and the group of companies constituting its direct and indirect subsidiaries and affiliates worldwide, including Imperial Tobacco Canada Limited.

Your use of the Website is subject to the following restrictions and limitations:

  1. This Website is provided free of charge, without any warranties or guarantees unless specifically stated. The information contained in this Website is intended for general information purposes only. ITCAN has made reasonable efforts to ensure that the information on this website is correct at the time of inclusion. ITCAN does not, however, guarantee the completeness or accuracy of the information on this Website.
  2. Except as expressly provided for on this website, ITCAN is not responsible for the content of the Website or use of any web pages or any messages sent or received by you.
  3. You agree that all right, title and interest (including all intellectual property rights) in and to the Website and all Content is and shall be owned solely and exclusively by ITCAN and its licensors. In these Terms, “Content” means all information, materials and content on the Website, including, without limitation, all software (in both object and source code forms), files, user interfaces, “look and feel”, images and photographs and illustrations, video clips and animation and functionality and any and all other copyrightable elements, trademarks, trade names and patents.
  4. All Content is protected by copyright laws. ITCAN hereby grants you a limited, personal, revocable, non-transferable and non-exclusive license to access, display and use the Content solely and exclusively for your personal, private and non-commercial use on your own computer. Content may not be otherwise copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of ITCAN. You may not offer for sale or sell or distribute over any medium, any part of the Website or its Content. You may not make any part of the Website or Content available as part of another website, whether by hyperlink framing or ‹meta›tag on the Internet or otherwise unless you have been authorised to do so in writing by ITCAN.
  5. ITCAN reserves the right to take such steps as it deems necessary, including legal action, to restrain any unauthorized use of the Website or Content. All brand, product and company names and logos and trade-marks displayed on the Website or used in connection with the Content are the trade-marks of ITCAN or other applicable third parties. Any use of any of the brands, names, logos or trade-marks appearing on the Website or in connection with the Content without the express written consent of ITCAN or the owner of the mark, as applicable, is strictly prohibited unless such use is exclusively for your personal, private and non-commercial use on your own computer.
  6. You shall not use this Website for any illegal purposes and in particular you agree that you shall not send, use, copy, post or allow any posting which is defamatory or obscene or which is abusive, indecent or in breach of the privacy of any person. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages which may interfere with the operation of this Website or with the enjoyment of this Website by other visitors.
  7. ITCAN reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Website and to restrict or prohibit access to it.
  8. ITCAN does not intentionally collect information about visitors to this Website who are under the age of majority in the jurisdiction in which they reside. If ITCAN becomes aware that anyone other than an adult has provided any information, such information will immediately be deleted from ITCAN’s records.
  9. If you are in breach of these terms ITCAN may at its option, suspend or block your access to this Website and refuse to provide you with any further access to it.
  10. These terms may be amended by ITCAN from time to time at ITCAN’s sole discretion. Please review these terms each time you access this Website.

II Online Privacy Statement

ITCAN respects your privacy and is committed to safeguarding the privacy of our Website visitors. This Online Privacy Statement informs you of our privacy practices, the way your information is collected online and how that information is used.

a) Personal iInformation ITCAN collects

When you visit ITCAN’s Website, we may ask you for information about yourself. We may need to know your name, address, email address and other information to provide you with information or to reply to your queries. ITCAN only collects personal information as is necessary to carry on its activities which include: a) developing and manufacturing high-quality tobacco products; b) learning about and understanding the behaviour of adult smokers (namely through surveys or research); c) providing adult consumers with information about our products and activities as may be permitted by law; and d) offering to adult smokers rewards, benefits and invitations that may be of interest to them, as may be permitted by law.

For example, the information which you may voluntarily provide either directly to ITCAN or to ITCAN via its agents and service providers acting on ITCAN’s behalf, would usually include your name, address, e-mail address, phone number, gender, age, language preference, smoker or non-smoker status and any other information pertaining or relevant to ITCAN conducted or authorized surveys, research or activities, such as your behaviour and preferences as a smoker or as a consumer generally.

For business purposes or to satisfy legal requirements, ITCAN may need to obtain personal information.

Also, personal information may also be required to assess the credit-worthiness of a potential customer or supplier. In such cases, however, ITCAN will seek your consent before conducting any credit checks or searches.

In addition to the information you provide, we may also collect information about you through the use of automatic data collection tools. These tools collect certain standard information about you such as your browser type and language, access times and your Internet Protocol (IP) address. This Website, or other websites related to ITCAN, may also be hosted by third parties on ITCAN’s behalf. In such cases, the protection of personal information that may be collected by such third parties is addressed through agreements in place between ITCAN and its third party supplier.

We may also place a cookie on your computer. “Cookies” are small text files containing a unique identification number that identifies your computer browser, but not you, to our computers each time you visit our Websites. ITCAN may use cookie information to measure the use and functionality of the ITCAN Website and to improve the Content on the Website. Most browsers may be set to prevent your computer from accepting cookies or to disable cookies. If you choose to set your computer to refuse to accept cookies, you may not be able to participate fully in the ITCAN Website or use certain features of the Website. ITCAN may also use web beacons, which are transparent image files and are used to monitor your visit to the ITCAN Website.

b) Sharing this personal information

ITCAN may share personal information in the following ways:

  • From time to time your personal information may be transferred to other Group affiliates worldwide or to third party agents or representatives of the Group for the purposes of system maintenance and to manage the Website.
  • ITCAN may also be required to disclose your personal information to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) help prevent fraud or to enforce or protect the rights and properties of the Group; (iv) protect the personal safety of ITCAN employees and third parties on ITCAN property.
  • Circumstances may arise where, whether for strategic or other business reasons, ITCAN or another member of the Group decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is ITCAN’s practice to seek appropriate protection for information in these types of transactions.
c) How ITCAN uses personal information

ITCAN and other members of the Group, whether acting directly or through their agents or services providers or jointly with their partners, will only collect personal information for the purposes identified in advance and to which the individual concerned will have consented.

ITCAN and other members of the Group, whether acting directly or through their agents or services provides or jointly with their partners, may collect personal information for the following purposes:

  • To conduct surveys or research activities on the preferences, interest and needs of the individuals in order to have a better understanding of them.
  • To manage the Website.
  • To inform the individual about ITCAN and other members of the Group and their products, publications, contests and events.
  • To contact the individuals and send them invitations or mailings regarding ITCAN or other members of he Group and information about their products, publications, contests and events.
  • To comply with the laws and regulations in force and applicable to either ITCAN or other members of the Group.
  • To investigate and/or respond to the individuals’ questions, inquiries and complaints.
  • In connection with business transactions to which ITCAN or other members of the Group may be a party.
d) Access to and accuracy of your information

ITCAN strives to keep your personal information accurately recorded. If you would like copies of that information, or if you would like us to correct any factual inaccuracies in that information, or if you would like that information blocked or deleted from our records, then please contact it at the address/telephone number or e-mail address listed in “Contact Us” below.

e) Keeping your personal information secure

ITCAN takes reasonable technical and organisational security measures to prevent the loss, misuse, alteration or unlawful disclose of information you give us. Any third party, agent or representative of ITCAN who requires access to your information is also required to implement reasonable technical and organisational security measures to protect your information.

To ensure the confidentiality of personal information, ITCAN uses physical means such as locking filing cabinets and restricting access to offices, administrative measures such as security clearances and selective access of employees, agents or service providers and external professionals, and technical or technological measures, such as the use of passwords and encrypted data. The Website is hosted outside of Canada and ITCAN has entered into an agreement with the Website hosting provider to confirm that security measures are in place to protect any personal information on the Website to which that provider may have access.

When ITCAN uses information technologies such as the Internet, it reminds its employees and agents or service provides of the importance of protecting the confidentiality of personal information.

ITCAN has implemented security measures to ensure secure destruction and disposal of personal information.

f) International data transfers

Information that we collect may be transferred across international borders for further processing, storage or use. Any such information transferred could be accessed by regulatory or law enforcement persons in such jurisdictions.

Any third party, agent or representative of ITCAN who imports personal data in the course of providing services to ITCAN is required to keep that information confidential and comply with national data protection laws, or where applicable, be bound by appropriate contractual obligations that protect personal information.

III No warranty

ITCAN makes no representation or warranty regarding the functionality, good working order or condition of this Website, the information, applications, products, and services contained on this Website, its suitability for use, or its use in an uninterrupted or error-free manner.

ALL MATERIAL, APPLICATIONS, PRODUCTS, SERVICES, AND INFORMATION ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. ITCAN AND OTHER MEMBERS OF THE GROUP DISCLAIM ALL WARRANTIES AND CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

These exclusions are in addition to any specific exclusions otherwise provided in these Terms or as may be provided by law.

IV Limitation of liability and indemnification

The entire risk as to the use of the Website and Content is assumed by you. In no event shall ITCAN or other members of the Group or any of the officers, directors, employees, shareholders, partners, agents or licensors of ITCAN or other members of the Group (collectively, “ITCAN” in this section IV) be liable to you for any damages, losses or liabilities of any kind or nature whatsoever, including without limitation, any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind or nature, that are suffered in any connection with your access and use of or inability to access or use the Website and/or any Content and/or your reliance on any Content, and including without limitation, loss of data, any error, omission, inaccuracy or defect in any Content or any error, interruption, defect, any unauthorized interception of data, your registration information or submissions by third parties, delay in operation or transmission, computer virus or line/Internet or system failure relating to the Website, regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, equity, strict liability, by statute or otherwise and regardless of the occurrence of a fundamental breach or failure of the essential purpose of these Terms, even if ITCAN is advised of the possibility of such damages or such damages are foreseeable. Applicable law in some jurisdictions do not permit the exclusion or limitation of liability or incidental or consequential damages, and therefore the foregoing limitations may not apply to you. However, in such circumstances ITCAN’s total liability to you in the aggregate for any and all losses, damages and claims arising in any connection with these Terms and the Website shall not exceed CDN $25.00. You agree that in view of the circumstances of these Terms and the fact that you are accessing the Website and Content free of charge, the limitations upon ITCAN's liability under this these Terms are in all respects fair and reasonable, and that ITCAN would not have offered the Website or Content but for your agreement with the limitations and exclusions provided in these Terms.

You agree to defend, indemnify, and hold harmless ITCAN from and against any and all claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal fees, alleging or resulting, directly or indirectly, from or in any connection with your: (i) breach of these Terms; (ii) access to the Website or use of the Content; (iii) uploading to or other provision of or disclosure to ITCAN of any submissions and/or any other information, idea, suggestion or data and the use of same by ITCAN.

Given that certain jurisdictions prohibit the exclusion or limitation of moral, bodily, incidental or consequential damages, the liability of the ITCAN in those jurisdictions is limited to the extent allowed by law.

V Third party links and materials

This Website includes links to external websites which are subject to their own terms and conditions. ITCAN is not responsible for the content of these external websites. These links are provided solely for convenience to you. No endorsement of any party, products or services is expressed or implied and accordingly ITCAN and its affiliates cannot accept any liability for the accuracy or otherwise of any content or the security of any activity carried out on such other sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked sites. Your use of such sites is at your sole risk.

VI General terms

These terms and conditions and the content of this website are governed by the laws of the Province of Québec whose courts shall have exclusive jurisdiction.

ITCAN may monitor the access to this Website and other activities in relation thereto. ITCAN may intervene, at its sole discretion, to ensure the respect of these Terms, but makes no representation and gives no warranty as to said monitoring. By using and accessing this Website, you consent to said monitoring should ITCAN proceed therewith and to any eventual intervention.

If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction nor shall it affect the legality, validity or enforceability of any other provision of these Terms and conditions in any jurisdiction.

ITCAN may modify, alter or otherwise update the terms applicable to this Website from time to time without notice and you agree to be bound by such terms as are in effect at the time you access this Website.

This Website is controlled and operated by ITCAN and is hosted in Germany. ITCAN makes no representation that the material on the Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations may do so on their own initiative and are responsible for compliance with local laws, if and to the extent said local laws are applicable.

These Terms constitute the entire agreement between ITCAN and you pertaining to your use of this Website, its services and Content and supersede any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you and ITCAN with respect to the subject matter hereof.

VIII Contact us

Any questions or enquiries which you have in relation to this Website or any request for ITCAN’s full Privacy Statement should be made either by using the “Contact Us” facility on this Website or by writing at the address listed below:

Imperial Tobacco Canada
Corporate and Regulatory Affairs Department/Privacy Officer
3711 Saint-Antoine Street
Montréal (Québec) Canada
H4C 3P6

Last Updated: December 2009


Page last updated: 10/05/2010 11:43:57 GMT