POLICY ON PRIVACY OF PERSONAL INFORMATION
XPHORIA Spirits Limited (“XPHORIA”) is a leading manufacturer and marketer of spirits that recognizes the importance of protecting your privacy rights. We are committed to maintaining, in accordance with applicable legislation, the accuracy, security and privacy of your personal information obtained by us by reason of your commercial relationship with XPHORIA as a customer, consumer, supplier, service provider, shareholder or otherwise.
The purpose of this Policy is to inform you about the types of personal information we collect, how we collect it, how it may be used or disclosed, choices you have regarding use and disclosure, how you may correct and have access to your personal information, and how we endeavor to ensure your personal information is dealt with properly.
This Policy is intended to apply to XPHORIA and its subsidiaries, all of which are referred to in this Policy as “XPHORIA”, “we”, “us” and/or “our”. The terms “you” and “your” are intended to mean the individual who has a commercial relationship with us.
What is Personal Information?
Personal Information is a broad term that has been defined by Canadian privacy legislation as information about an identifiable individual. It does not include business contact information, such as your name, title, business address or telephone number, as an employee of an organization. We may collect Personal Information, such as your name, age, sex, marital status, home address and telephone number, and personal e-mail address.
Legal Drinking Age.
You must not provide us with your Personal Information, if you are not of legal drinking age to purchase alcohol beverage products in the jurisdiction in which you reside and, if different, in the jurisdiction from which you are accessing our website. If we become aware that someone under the legal drinking age has provided us with Personal Information, we will make every reasonable effort to remove such Personal Information from our files and any databases.
WE ARE ACCOUNTABLE.
We are responsible for all Personal Information under our control. We have informed our employees about the importance of protecting Personal Information and have communicated to them our policies and procedures for dealing with Personal Information.
Why we collect Personal Information and our limitations on its collection, use, disclosure and retention.
In general, we collect Personal Information to establish or maintain our commercial relationship with you. The information that we ask for depends upon the nature of your relationship with us, be it as a customer, consumer, supplier, service provider, shareholder or otherwise. Purposes for which we collect Personal Information may include:
to market our products, or those of third parties, with whom we have a commercial relationship;
to conduct surveys, research and product evaluations in order to better understand and respond to your requirements and preferences;
to allow you to participate in product promotions, including contests;
to evaluate whether or not we should enter into commercial relationships with suppliers, service providers and other third parties, including analysis of credit standing and credit bureau information;
to administer commercial relationships with customers, suppliers, service providers and other third parties, including contract administration, invoicing, processing of payments and compliance with contractual obligations;
to communicate with you generally or to ensure your satisfaction;
to comply with legal, regulatory or governmental requirements;
to respond to your communications with us; and
to protect against fraud or error.
We will collect Personal Information by fair and lawful means and will identify the purposes for which we obtain Personal Information from you at or before the time the information is collected. We will use or disclose the information only for the purposes for which it was collected or new purposes identified to you and to which you have consented prior to such use or as required or otherwise permitted by applicable law. We will limit the information that we collect from you to that is needed to achieve those purposes. We will retain, use or disclose your Personal Information only for so long as it is required to fulfill the purposes for which it was collected and as required or otherwise permitted by law and, thereafter, it shall be destroyed, erased or made anonymous.
We will obtain your consent to the collection, use or disclosure of your Personal Information subject only to exceptions permitted by law. Consent may be obtained either orally or in writing or by way of electronic agreement. We will obtain your express consent when dealing with sensitive information or where we otherwise deem it appropriate or we may use implied consent when the information is less sensitive.
When consent is required and subject to legal and contractual restrictions, you may refuse your consent or you may withdraw your consent at any time upon reasonable notice by contacting our Chief Privacy Officer at the address set out below. The refusal or withdrawal of your consent may prevent us from providing to you services or information that may be of value or benefit to you or establishing or maintaining a commercial relationship with you.
Accuracy of your Personal Information.
We will use reasonable efforts to keep your Personal Information as accurate, complete and up-to-date as possible, based on your advising us as soon as possible of any change in the information you have provided to us. We will not routinely update your Personal Information, unless necessary for the purposes for which it is collected; however, we encourage you to review and confirm the accuracy of information you have provided to us. We will immediately correct any errors of which we become aware, as required.
Protecting your Personal Information.
We maintain Personal Information in paper and electronic formats. We will endeavour to protect it against loss or theft, as well as unauthorized access, disclosure, copying, use or modification by using safeguards and measures appropriate to the information’s sensitivity, such as:
limiting access to your Personal Information to selected individuals with a need to know the information for the purposes for which it is collected;
using appropriated electronic technological security measures, such as password protection and encryption;
using locked filing cabinets maintained in restricted areas;
ensuring third parties, who need access to your Personal Information, have appropriate safeguards in place; and
distributing this Policy to our employees with instructions to comply with its principles.
WE ARE OPEN ABOUT OUR POLICIES AND PRACTICES.
This Policy and any related information is readily available in electronic form at our website, www.XPHORIASpirits.com, or in paper form upon request submitted to our Chief Privacy Officer at the address set out below.
ACCESS TO YOUR PERSONAL INFORMATION.
Upon our receipt of your written request and within a reasonable time, subject to certain exceptions, we will advise you of the existence, use and disclosure of your Personal Information and give you access to that information. Requests should be submitted to our Chief Privacy Officer at the address set out below.
RESPONDING TO YOUR CONCERNS.
We will respond as soon as reasonably possible to any questions, concerns, inquiries or complaints you may have about the privacy of your Personal Information or our policies and procedures. Please contact our Chief Policy Officer as follows:
XPHORIA Spirits Limited
Chief Privacy Officer
By telephone: 613-739-3609
By email: firstname.lastname@example.org
Our Chief Privacy Officer will advise you of the procedures to follow, if any inquiry or complaint is not dealt with to your satisfaction.
This Policy became effective November 8, 2016.
TERMS AND CONDITIONS
XPHORIA Spirits and/or its agent maintains this Internet Site (the site) for the personal use of those of legal drinking age in their respective country, province, or state of residence. By browsing and using this site you agree to all these terms and conditions, and acknowledge that they are subject to revision from time to time without notice. You must exit this site if you are not of legal drinking age in your country, province, or state of residence, do not accept any or all of these terms and conditions, or are in a country where use of this site is not permitted.
Use of Materials.
You may view and download a single copy of any material on this Site for your non-commercial, personal use, provided you do not remove any copyright and/or other proprietary notice(s) from the materials or alter them in any form.
Copyrights, Trademarks and Other Proprietary Rights.
The contents of this Site, such as trademarks, designs, text, images, audio and video materials, are the trademarks, service marks, copyrights or other intellectual property of XPHORIA Spirits (the Proprietary Rights) unless otherwise noted. The Proprietary Rights are protected by the laws of the Canada, United States of America and of foreign countries, and under international treaties. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Site for any public or commercial purpose without XPHORIA Spirits’ written permission.
Except with respect to the limited right to use set forth above, nothing contained herein or on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Proprietary Rights without the written permission of XPHORIA Spirits.
No Warranties; Limitation of Liability.
This site and its content are provided as is, without warranties of any kind, either express or implied, including but not limited to the implied warranty or merchantability, warranty of non-infringement of third party rights, and/or warranty of fitness for a particular purpose. XPHORIA Spirits and its parents and affiliates do not warrant that the site will operate error-free or that it is free of computer viruses and/or other harmful code, script, or things. By using this site, you agree that if such use results in damage to your computer hardware, peripherals, software, data or other property, XPHORIA Spirits and its parents and affiliates are not responsible for such damage. In no event shall XPHORIA Spirits, its affiliates, suppliers, or any third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this site and its material, whether based on warranty, contract, tort, or any other legal theory, and whether or not XPHORIA Spirits or its affiliates are advised of the possibility of such damages.
Links to Other Sites.
This file contains links to third party Web sites. These links are provided solely for your convenience. XPHORIA Spirits and its parents and affiliates do not endorse the content of such third party sites, have not reviewed such sites or all material linked to or contained within them, and are not responsible for the content of any such material. Your linking to any such site is at your own risk.
You agree to defend, indemnify, and hold harmless XPHORIA Spirits, its parents, affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or alleged to have resulted from your use of this Site, any material on the Site, or your breach of any term or condition of this agreement. If such a claim, suit or proceeding arises, XPHORIA Spirits will promptly notify you and will assist you, at your expense, in defending any such claim, suit or proceeding.
Communications with this Site.
Any communication or material you transmit to the Site by e-mail or otherwise, will be treated as non-confidential and non-proprietary. By posting communications to this Site, you grant XPHORIA Spirits a royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication, in any country of the world, alone or as part of other works, in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You also agree that XFINITI Spirits and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
You agree not to post or transmit any unlawful, libelous, defamatory, obscene, scandalous, pornographic, or profane material, or any material that could constitute a violation of the law, or encourage conduct that would violate any law. XPHORIA Spirits and its parents and affiliates will fully cooperate with any law enforcement authorities or court order requesting or directing XPHORIA Spirits and its affiliates to disclose the identity of or help identify or locate anyone posting any such information or materials.
XPHORIA Spirits and its parents and affiliates do not screen communications in advance and are not responsible for screening or monitoring material posted to the Site by users. If notified, XPHORIA Spirits and/or its affiliates may investigate any allegation that a communication does not conform to these terms and conditions and determine whether to have the communication removed. However, XPHORIA Spirits and/or its affiliates are under no obligation to do so and assume no responsibility or liability arising from the content of any such communication, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such communication.
The web server for this Site collects and saves only the default information customarily logged by the server, which is the name of the domain from which you access the Internet, the date and time you access this Site, the Internet address of the web site from which you linked directly to this Site and, if required for purposes of establishing that the user is of a legal drinking age, the user’s age. This information is used to measure the number of visitors to the different sections of this Site, determine whether users are of legal drinking age, and to help us make this Site more useful to users.
XPHORIA Spirits makes no claims that the content of the Site is appropriate or may be downloaded outside of the Canada. If you access this Site from outside of the Canada, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction. References to a particular product or service do not imply that XPHORIA Spirits and/or its affiliates intend to make such products or services available in such countries. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. By browsing and using this Site, you agree to be bound by and accept the laws and jurisdiction of Canada.