PRIVACY POLICY –  http://www.aryztafoodservice.ca/privacy-policy/

Effective Date: January 1, 2020

Privacy policy

ARYZTA Ltd. (“ARYZTA Foodservice Canada”, “we”, “us” or “our”) is committed to ensuring that your privacy is protected. This privacy policy sets out how ARYZTA Foodservice Canada collects, uses, discloses and protects personal information in connection with this website (the “Site”).

This policy is effective as of the Effective Date written above. ARYZTA Foodservice Canada may change this policy from time to time and any revised policy will be posted on this page. You should check this page from time to time to obtain the current version and to ensure that you are happy with any changes. Your continued use of this Site following any changes constitutes your acceptance of such changes.

What we collect:

You may visit our Site without providing any personal information. However, in order to use certain features of our Site, such as a contact us feature or online survey, or to register for our communications, you may need to provide personal information.  The personal information we collect includes:

  • your name, job title and business or personal contact information such as a telephone number, email address and mailing address
  • information about your preferences and interests, including the types of products and services you are interested in and your preferred language and method of communication
  • information collected in connection with providing customer service and running customer surveys and/or offers offered via our Site
  • other information with your consent or as permitted or required by law

 

How we use cookies:

A cookie is a small data file that is placed on your device or computer. We use cookies and similar tracking tools to help us analyze web traffic and let us know when you visit a particular site. Cookies allow web applications to tailor operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log files to identify which pages are being used. Log files may collect your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. This information helps us analyze data about web page traffic and improve our Site in order to tailor it to customer needs. We also use this information for statistical analysis purposes.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.

What we do with our information we gather:

We use the information we collect to provide the information or service you have requested and to otherwise manage and administer our business. In particular, we use this information:

  • to provide you with information you request, to respond to your inquiries or concerns, and to maintain business records for reasonable periods
  • to improve our products and services and our Site
  • to customize the Site according to your interests
  • if you consent, to periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided
  • if you consent, to periodically contact you by phone, fax or mail for market research purposes to meet legal, regulatory, insurance, security and processing requirements
  • otherwise with consent or as permitted or required by law

 

When we may share your personal information:

If you consent, we may share your contact information with our affiliates and other third parties so that they may send you information and special offers about products and services that maybe of interest to you.

Service Providers. ARYZTA Foodservice Canada may transfer personal information to outside agents or service providers (including affiliates of ARYZTA Foodservice Canada acting in this capacity) that perform services on our behalf, for example mailing, marketing, information technology and/or data hosting or similar services, or otherwise to collect, use, disclose, store or process personal information on our behalf for the purposes described in this policy. Some of these service providers may be located in the United States, and your personal information may be collected, used, disclosed, stored and processed in the United States for the purposes described in this policy. Reasonable contractual or other measures we may take to protect your personal information while processed or handled by these service providers are subject to legal requirements in Canada and the United States applicable to our service providers, for example lawful requirements to disclose personal information to government authorities in those countries.

Business Transactions. Personal information may be used by ARYZTA Foodservice Canada and disclosed to parties connected with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of ARYZTA Foodservice Canada or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. Assignees or successors of ARYZTA Foodservice Canada or our business or assets may use and disclose your personal information for similar purposes as those described in this policy.

Legal, Regulatory, etc. ARYZTA Foodservice Canada may disclose your personal information as necessary to meet legal, regulatory, insurance, audit, and security requirements, and as otherwise with your consent or as permitted or required by law.

 

Consent:

ARYZTA Foodservice Canada 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.

Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express or implied. 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. 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 services or features.

 

Marketing Communication:

You may choose to restrict the use of your personal information for direct marketing purposes in the following ways:

  • when you are asked to fill in a form on the Site, you may be given the option to opt-in to receive marketing communications from us or to have your personal information shared with third parties so that they can send you marketing communications about their products and services. If you do not want your personal information to be used or disclosed for direct marketing purposes, do not opt-in
  • if you have previously agreed to us using and disclosing your personal information for direct marketing purposes, you may change your mind at any time by contacting us as described below

 

Security

We take reasonable steps to protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Please note that no security measures can offer absolute security and it is possible that an unauthorized person could gain access to your personal information.  Authorized employees, agents and mandataries of ARYZTA Foodservice Canada who require access to your personal information in order to fulfil their job requirements will have access to your personal information.

 

Links to other websites:

Our Site may contain links to other websites of interest. However, once you have used these links to leave our Site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy policy. You should exercise caution and look at the privacy policy applicable to the website in question.

 

Access, Correction and Contacting Us

ARYZTA Foodservice Canada may establish and maintain a file of your personal information for the purposes described above, which will be accessible at 5875 Explorer Drive, Mississauga, ON, L4W 0E1, Canada. If you wish to request access or correction of your personal information in our custody or control, you may write to the above address, attention Privacy Officer. 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. If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may write to us as described above, e-mail us at [email protected] or telephone us at 1 800 263-6422.

 

TERMS AND CONDITIIONS –

Please read these Terms and Conditions carefully before using this website (“Site”) and print a copy for your records. This Site is provided to you by ARYZTA Ltd. (“ARYZTA Foodservice Canada”). Your access to and use of this Site is subject to these Terms and Conditions. By accessing and using this Site you (“you”) agree to be bound by these Terms and Conditions whether or not you have read them. If you do not agree to these Terms and Conditions, do not access or use this Site. ARYZTA Foodservice Canada may at its sole discretion modify these Terms and Conditions at any time and such modifications will be effective immediately upon being posted on this Site. Please check these Terms and Conditions periodically for any modifications. If you do not agree to any modifications of these Terms and Conditions, you must immediately stop using this Site. Your continued use of this Site following posting of the modifications will indicate your acceptance of these modified Terms and Conditions.

 

  1. Availability – The services and functionalities provided on this Site are provided for your convenience only and may be modified or removed at any time, or they may be unavailable from time to time.

 

  1. Reliance on information – This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at ARYZTA Foodservice Canada’ sole discretion

 

  1. Changes to the site – Changes may be made at any time to the information, names, text, images, pictures, logos, trade-marks, functionalities, products and services and any other material displayed on, offered through or contained on this Site.

 

  1. Privacy policy – ARYZTA Foodservice Canada’s personal information practices on this Site are governed by ARYZTA Foodservice Canada’s privacy policy (below). Please review this privacy policy and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.

 

  1. Links – This Site may contain links or references to third party websites. These links are provided for your convenience only. Your use of third party websites is subject to the terms and conditions of use and the privacy policies of such websites. You may not create a link to this Site without the prior written consent of ARYZTA Foodservice Canada.

 

  1. Your obligations – (a) Your use of this Site will be in compliance with all applicable laws and regulations. You will not:
    (i) use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information;(v) send harassing and/or threatening messages to others; (vi) transmit any viruses or other disabling mechanisms; (vii) use this Site for any illegal purpose, in violation of any applicable laws or regulations;(viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of this Site; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding this Site or the Internet with useless traffic.

(b) You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy; (ii) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personal information not belonging to you, including without limitation any personal information belonging to minors.
(c) ARYZTA Foodservice Canada makes no representation or warranties that materials in this Site are appropriate or available for use outside of Canada. If you are accessing this Site from outside of Canada, you are doing soon your own initiative and are responsible for compliance with applicable laws, if and to the extent applicable. The products referred to on this Site may not be available outside of Canada.

 

  1. Your materials – Messages submitted to this Site by electronic mail or otherwise, including without limitation any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and non-proprietary, subject to the terms of our privacy policy in respect of any personal information. By submitting a message to this Site, you acknowledge that any information disclosed by you therein (i) is not confidential and may be read, intercepted or used by others; (ii) creates no confidential, fiduciary, contractually implied or other relationship between you and ARYZTA Foodservice Canada other than pursuant to these Terms and Conditions and privacy policy; and (iii) is subject to the grant of rights regarding Your Materials described below.

To the extent that you submit information, materials, ideas, opinions, concepts, know-how, techniques, creative ideas or any content (collectively “Your Material”) through this Site, you understand and agree that ARYZTA Foodservice Canada assumes no responsibility for reviewing unsolicited ideas for its business (like product or advertising ideas) and will not incur any liability as a result of any similarities between your ideas and/or Your Materials and future ARYZTA Foodservice Canada products or programs. This means that ARYZTA Foodservice Canada has no obligation to treat Your Materials, including without limitation your idea submissions, confidentially.  You hereby grant to ARYZTA Foodservice Canada a worldwide, irrevocable, royalty-free, perpetual license to use, produce, reproduce, create derivative works from, modify, adapt, publish, translate, display, distribute, broadcast, communicate to the public by telecommunication or circulate Your Materials and to sub-license any such rights. You hereby waive all moral rights that you may have in Your Materials. You represent and warrant that you are the author of Your Materials and that they do not infringe the intellectual property or other proprietary rights of any third party

 

  1. Intellectual property – The materials displayed on or contained within this Site including, without limitation, all software, design, text, photographs, illustrations, games, audio clips, video clips, tools, artwork and other graphic materials, and names, logos, trade-marks and service marks and any other content (collectively the “ARYZTA Foodservice Canada Materials”), are the property of ARYZTA Foodservice Canada and/or its licensors and are protected by copyright, trade-mark and other intellectual property rights and laws. ARYZTA Foodservice Canada’s name, design and related marks are trade-marks of ARYZTA Foodservice Canada. All rights reserved.

ARYZTA Foodservice Canada hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the ARYZTA Foodservice Canada Materials for non-commercial and personal use only, provided that you maintain all copyright and other notices contained in such ARYZTA Foodservice Canada Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any ARYZTA Foodservice Canada Materials to any third party (including, without limitation, the display and distribution of ARYZTA Foodservice Canada Materials via a third party website) without the express prior written consent of ARYZTA Foodservice Canada. Unless expressly permitted herein, any use of ARYZTA Foodservice Canada Materials is only permitted with the express written permission of ARYZTA Foodservice Canada and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the ARYZTA Foodservice Canada Materials.

 

  1. Disclaimer of Warranties – THIS SITE, ITS CONTENTS, THE ARYZTA Foodservice Canada MATERIALS, AND ANY PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDEDON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. ARYZTA Foodservice Canada MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND,WHETHER EXPRESS, LEGAL OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, THE ARYZTA Foodservice Canada MATERIALS OR SUCH LINKS, PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, PRODUCTS, FUNCTIONALITIES OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, ARYZTA Foodservice Canada DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

 

  1. Limitation of Liability – IN NO EVENT SHALL ARYZTA Foodservice Canada AND ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY ARYZTA Foodservice Canada MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY LINKS, PRODUCTS, FUNCTIONALITIES OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, OR INABILITY TO USE THIS SITE WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE AND EVEN IF ARYZTA Foodservice Canada HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE AND YOUR MATERIALS. ARYZTA Foodservice Canada SHALL NOT BE RESPONSIBLE FOR YOUR MATERIALS OR THE MATERIALS OF ANY OTHER USERS SUBMITTED THROUGH THIS SITE.
  2. Indemnification – You agree to indemnify and hold harmless ARYZTA Foodservice Canada and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions; (b) your use of this Site including without limitation transmission or placement of information or material by you on this Site; and (c) any claim or allegation that Your Materials infringe the intellectual property or other proprietary rights of any third party.

 

  1. Termination – ARYZTA Foodservice Canada may at any time and at its sole discretion terminate your right to use this Site.

 

  1. Governing Law – These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, with the exception of agreements with residents of Quebec in which case these Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the province of Quebec, and in each case the laws of Canada applicable therein. The parties irrevocably attornto the jurisdiction of the courts of the Province of Ontario except for residents of Quebec, to the courts in the District of Montreal, Province of Quebec.

 

  1. General – These Terms and Conditions constitute the entire agreement between you and ARYZTA Foodservice Canada with respect to your use of this Site and supercedeall previous agreements, understandings and representations relating thereto. No Failure by ARYZTA Foodservice Canada or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English.

 

C’est la volonté expresse des parties que la présente convention ainsi que tousles documents y afférents soient rédigés en anglais. Sections 7, 8, 9, 10, 11, 13 and 14 shall survive the termination of your right to use this Site.

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