Terms and Conditions
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Terms and Conditions

Terms and Conditions

 Last Updated: Aug 08, 2023  PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SITE.  These Terms of Use apply to the Pour Poor Kerry Coffee Company Coffee website located at pourpoorkerrycoffeecompany.com and ppkcoffee.com (the “Site”). The Site is the property of Pour Poor Kerry Coffee LLC. (Pour Poor Kerry Coffee LLC) and is operated by Pour Poor Kerry Coffee Company. The Operators make this Site available to you as a service, and by using the Site, you agree to be bound by these Terms of Use (“Terms”). These Terms, along with the Privacy Statement, set out the legally binding terms of your use of this Site and may be modified by the Operators, their subsidiaries, affiliates or authorized licensees at any time without prior notice, such modifications to be effective as of the date they are posted on the Site. Your continued use of this Site after any modifications are posted constitutes your consent to such modifications. For the purposes of the Terms, the word “you” means the individual accessing the Site, and, if applicable, includes any other legal entity on behalf of which an individual is accessing the Site. Additionally, you agree not to access the Site on behalf of any other legal entity unless you have the authority to bind that legal entity to the Terms.  1. ACCEPTANCE OF TERMS You represent and warrant to the Operators that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not use the Site. This website is not intended for use by children under the age of 13. We do not knowingly collect or solicit any personal information from children under the age of 13. Should we learn that someone under the age of 13 has provided any personal information to or on this website, we will remove that information as soon as possible.  By using the Site, you agree, without limitation or qualification, to be bound by and to comply with the Terms. If you do not agree, without limitation or qualification, to be bound by and to comply with the Terms, stop using the Site.  Please note, before being allowed to access certain features of the Site or participate in certain activities being run via the Site, you may be required to: (i) register with the Site; and (ii) confirm your acceptance of the Terms by placing a clicking the “I AGREE” button that will appear at the end of these Terms in those circumstances. If you disagree with any provision of the Terms, (i) DO NOT click on the “I AGREE” box and (ii) stop using the Site.  Please note, participating in certain activities available through the Site or accessing certain features of the Site may require you to agree to further terms and conditions.  You represent and warrant to the Operators that your use of the Site will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, stop using the Site.  2. SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES When signing up to access certain features of the Site or participate in certain activities run via the Site, you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it true and current.  If you are given a username and/or a password for the purpose of accessing certain features of the Site or participating in certain activities run via the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform the Operators immediately.  The Operators may, at any time, change any username or password assigned by the Operators to you, and the Operators will notify you when they do so.  If the Operators believe that you have breached the Terms, the Operators reserve the right, in their sole discretion, to restrict, suspend or terminate your access to all or any part of the Site and terminate any licenses granted to you pursuant to the Terms without prior notice and without any liability to the Operators.  3. USE OF THE SITES You may use the Site for: (i) your own personal, non-commercial use; and (ii) for participating in rewards or other marketing programs offered by the Operators in which you are enrolling or enrolled.  You will not: (i) seek to gain access to any portions of the Site you are not authorized by the Operators to access; (ii) use the Site to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) use the Site to either directly or indirectly interfere with, disrupt or damage the Site, the server(s) on which it hosted, the networks connected to them or any other user’s access to the Site; or (iv) adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of: (i) the Site; or (ii) any software or technology used in connection with the Site.  4. CONTENT Unless otherwise noted, the design and content featured on this Site, including but not limited to all information, links, emails, postings, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, illustrations, product designs, icons, navigational buttons, images, artwork, so called “look and feel”, or other materials accessible on or via the Site (the “General Content”) is owned by the Operators or one or more of their affiliates, or is licensed to the Operators. This Site, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved. This Site and its General Content are intended solely for your personal, noncommercial use. Any use of the Site or the General Content other than for personal, noncommercial purposes is prohibited. You may not: (i) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the General Content, or the Site as a whole, or any related software; (ii) use any data mining, scraping, robots or similar data gathering or extraction methods; (iii) manipulate, duplicate or otherwise display this Site or the General Content by using framing or similar navigational technology; or (iv) use this Site or the General Content, including any of the features, tools and services on this Site, for any reason other than for its intended purpose.  The Operators will use reasonable efforts to verify the accuracy of any General Content that they post to the Site, but the Operators do not guarantee the accuracy, integrity or quality of the General Content that the Operators post to the Site. Before using or relying on any General Content, you should take reasonable steps to verify its accuracy, completeness or usefulness: you are using it at your own risk.  Provided that any marks, logos or other legends that appear on the screens are not removed from the printed copies of the screens, you may make or retain a single electronic copy of the General Content or any portion thereof and a single printed copy of individual screens appearing as part of the Site: (i) for your personal, non-commercial use or records; or (ii) to maintain a record of your participation in any rewards or other marketing program offered by the Operators. You may not make or retain any other copies of the General Content or use the General Content for any other purpose. If you make or retain an electronic copy or a printed copy of the General Content or any portion thereof, you acknowledge and agree that no right, title or interest in those materials is transferred to you, and you agree not to change or delete any proprietary notices from such materials. You may not modify, publish, display, transmit, adapt or in any way exploit any item of General Content, without the express prior permission of the Operators and, if the item of General Content was not posted to the Site by the Operators, the contributor of that item. Otherwise, all rights in and to any item of General Content are reserved by the Operators or contributor of that item, as the case may be.  You agree not to use any crawler, spider, bot or other program to extract (in whole or in part) any General Content accessible on or via the Site without the Operators’ express permission to do so.  You agree not to link to any page forming part of the Site other than the home page or the log-in page of a Site without the Operators’ prior written approval.  5. SUBMITTING CONTENT By submitting or sending feedback, product suggestions or any other material to the Operators (excluding personal information), you grant the Operators a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and to incorporate it in other works in each case irrespective of the form, media, or technology used. You also warrant that any “moral rights” in the material has been waived and that the Operators, their successors and assigns may rely on those waivers.  6. SCREENING AND MONITORING CONTENT The Operators may, but are not obliged to, review General Content. Even if the Operators do so, the review may not be to your satisfaction. You acknowledge this and the consequence that follows from it: content accessible on or via the Site may include materials that are offensive or otherwise objectionable to you.  The Operators are not obliged, but reserve the right, to monitor some, all, or no areas of the Site from time to time: (i) to verify adherence to the Terms or any other rules, codes of conduct or guidelines posted by the Operators in relation to the Site; or (ii) as required by law.  The Operators reserve the right, in their sole discretion, to reject, refuse to post, remove or block access to any General Content that is available via or on the Site at any time, without notice and without liability.  7. PRIVACY You have read the Privacy Policy and consent to the use of your personal information as described therein. Click here to view a copy of the Privacy Policy.  Subject to the Privacy Policy, the Operators reserve the right to access, use, disclose and destroy all registration data or other data relating to how users and registered users use the Site and General Content.  The Operators reserve the right to communicate with you regarding your use of the Site. You consent to the Operators’ use of any contact information that you provide to them in doing so. The content included in any such communication is deemed to be General Content made available on the Site by the Operators.  8. SECURITY Although the Operators have enacted certain safeguards to protect personal information being transmitted to or from the Site in connection with any purchase or other matter, the Operators do not guarantee the security of any such information transmitted to or from the Site. Before using or relying on any means of transmitting any materials including but not limited to personal information to the Operators, you should take reasonable steps to verify that the manner of transmission provides an adequate degree of protection: you are using it at your own risk.  9. LINKS TO THIRD PARTY WEB SITES The Operators may provide via the Site, or third parties may provide via the Site, links to resources not forming part of the Site. The Operators have no control over such resources. You acknowledge and agree that the Operators are not responsible for the availability of such external resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such resources. You further acknowledge and agree that the Operators will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such resource.  Your correspondence or business dealings with, or participation in promotions of, third parties accessible on or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that the Operators will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any third parties on the Site.  10. WARRANTIES THE SITE INCLUDING ANY GENERAL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE PRECEDING SENTENCE, THE OPERATORS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITE, GENERAL CONTENT OR OTHERWISE ARISING FROM THE TERMS INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING AVAILABILITY, ACCURACY, APPROPRIATENESS, COMPLETENESS, RELIABILITY, TIMELINESS, SECURITY OR USEFULNESS; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Without limiting the preceding paragraph, the Operators do not warrant that the Site or any General Content: (i) will be available at all times; (ii) will operate without errors; (iii) will be accessible regardless of the hardware or software that you wish to employ to access it; (iv) is absolutely secure, notwithstanding the Operators’ use of commercially reasonable efforts to secure it; or (v) is free from viruses or other harmful code, notwithstanding the Operators’ use of commercially reasonable efforts to identify and eliminate such code.  All exclusions of responsibility or liability set out in this agreement are made to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to the Terms does not permit any such exclusion or limitation, the Operators’ total liability to you in connection with any breach of such a warranty will be subject to section 11 entitled “LIMITATION OF LIABILITY”.  11. LIMITATION OF LIABILITY IN NO EVENT WILL THE OPERATORS, THEIR REPRESENTATIVES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE, ANY GENERAL CONTENT OR THE TERMS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOST DATA, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.  IN NO EVENT WILL THE OPERATORS BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.  WITHOUT LIMITING THE GENERALITY OF THE PRECEDING TWO PARAGRAPHS, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF THE OPERATORS (INCLUDING THEIR REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE, ANY GENERAL CONTENT OR THE TERMS, WILL NOT EXCEED $50.00.  The limitations set out in the preceding three paragraphs will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence, gross negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or the Terms.  Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the Terms does not permit any such exclusion or limitation, the Operators’ total liability to you in connection with any incidental, special or consequential damages will be limited by the third paragraph of this section.  To the extent permitted by applicable law, you acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Site, any General Content or the Terms must be filed within one year after such claim or cause of action arises or be permanently barred.  12. INDEMNITY You agree to indemnify the Operators, their representatives and suppliers, and hold them harmless from any and all claims, losses and expenses, including attorney’s fees, arising from or relating to your use or misuse of the Site or any General Content, or from any person’s use of any account or password you maintain in relation to the Site, regardless of whether such use is authorized by you, or from any breach by you of any of the Terms.  13. INTELLECTUAL PROPERTY INFRINGEMENT It is the policy of the Operators to investigate and respond to claims of intellectual property infringement.  If you believe that any materials posted to the Site infringe your copyright in a jurisdiction, to the extent that the applicable law of that jurisdiction has a notice and take-down scheme or a notice and notice scheme, the Operators will act promptly in accordance with such law and scheme upon receipt of any notice alleging infringement that complies with the scheme.  Where such copyright infringement occurs in the United States, such notice to the Operators must comply with the Digital Millennium Copyright Act (the “DMCA”) and must include substantially the following:  Your physical or electronic signature. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. A statement that the information in the written notice is accurate. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA notices is:  Pour Poor Kerry Coffee Company Compliance Officer kerry@pourkerryscoffeecompany.com Please put “Notice of Infringement” in the subject line of all such notifications.  Please note that this procedure is exclusively for notifying the Operators that you believe your copyrighted material has been infringed.  It is the Operators’ policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.  14. TERM AND TERMINATION The Terms will continue in effect for as long as you use the Site, unless specifically terminated earlier by the Operators or you. You may terminate the Terms by instructing the Operators to disable any username or password for the Site assigned to.  Upon the termination of the Terms, you will: (i) stop using the Site; and (ii) destroy any General Content in your possession.  Those sections which by their nature should survive the termination or expiration of the Terms will survive termination or expiration, including but not limited to: the second paragraph of section 3 (SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES), section 4 (CONTENT), section 5 (SUBMITTING CONTENT), section 7 (PRIVACY POLICY), section 10 (LINKS TO THIRD PARTY WEBSITES), section 10(WARRANTIES), section 11 (LIMITATION OF LIABILITY), section 12 (INDEMNITY), section 13 (INTELLECTUAL PROPERTY INFRINGEMENT), this paragraph and the preceding paragraph of section 14 (TERM AND TERMINATION) and section 15 (GENERAL TERMS AND CONDITIONS).  15. GENERAL TERMS AND CONDITIONS The Terms (and each document incorporated by reference in the Terms) constitute the complete and exclusive agreement between you and the Operators with respect to their subject matter, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding your use of the Site and the General Content.  No provision of the Terms will be deemed to be waived by reason of any previous failure to enforce it. No provision of the Terms may be waived except in a writing signed by the party waiving enforcement.  Should any provision of the Terms be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.  The Operators and you are independent contractors and the Terms will not establish any relationship of partnership, joint venture, employment, franchise or agency between the Operators and you. Neither the Operators nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.  The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. You agree to submit to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, the Terms.  The Operators will not be liable for any failure or delay in their performance under the Terms due to any cause beyond their reasonable control.  The Operators may assign the Terms, in whole or in part, at any time with or without notice to you. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under the Terms, either in whole or in part, without the prior written consent of the Operators.  Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to the Operators when registering (as updated by you in accordance with section 3 (SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given by you to the Operators pursuant to the Terms will be in writing and sent to the Operators via the “Contact Us” section of the Site. Notices will be deemed to have been received three business days following your submission using this mechanism.  The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the Terms, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.  16. VIOLATIONS OF THE TERMS Should you violate the Terms or any other rights of the Operators, the Operators reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site.  If you are aware of any violations of the Terms, please report them to Pour Poor Kerry Coffee Company's Compliance Officer at the following email address: roastmaster@pourpoorkerrycoffeecompany.com.  17. CHANGES TO THE TERMS The Operators may change the Terms from time to time and at any time. When the Operators change the Terms, they will: (i) post the updated version of the Terms on the Site together with the date on which they were revised; and (ii) post a notice that the Terms have been updated on the home page for the Site for at least four weeks following any change to the Terms.  As well, the Operators may, but are not obliged to, ask you to actively confirm your consent to the revised Terms. If the Operators do not do so, but you continue to use any Site after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms. If you do not agree with the revised Terms without qualification, stop using the Site and instruct the Operators to disable any password for the Site assigned to you.  The Operators reserve the right, in their sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.

Privacy Policy
Last Updated: March, 2022

1. INTRODUCTION

Pour Poor Kerry Coffee Company LLC., their affiliates and the successors and assigns of each (collectively referred to as the “Operators”) are committed to ensuring that personal data collected by the Operators is protected. The objective of our Privacy Policy is to inform individuals of our commitments and actions for the protection of personal data and the rules we use to govern when we collect, hold, use or disclose personal data.

This Privacy Policy identifies the ways in which the Operators protect the privacy and the confidentiality of personal data within our business. The Privacy Policy also outlines the types of personal data that the Operators may collect, which methods the Operators may use to collect personal data and how that personal data is used.

Please read this Privacy Policy carefully. We may change our Privacy Policy from time to time. We therefore ask you to check it occasionally via the Operators’ web sites, including but not limited to http://wix.com (the “Sites”) to ensure that you are aware of the most recent version that will apply. If a revision meaningfully reduces your rights, we will notify you.

BY SHARING YOUR PERSONAL DATA WITH US IN ANY MANNER, INCLUDING BUT NOT LIMITED TO USING THE SITES, PROVIDING PERSONAL DATA VIA PHONE OR THROUGH WRITTEN COMMUNICATIONS, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE THE SITES OR PROVIDE ANY PERSONAL DATA TO THE OPERATORS.

2. COLLECTION AND CONSENT

The Operators do not knowingly target or collect personal data from children or adults who do not have legal capacity. Before providing any of their personal data to the Operators, individuals under the age of 18 and any other individuals who do not have legal capacity should discuss whether or not to provide the information with their parent or guardian and make that decision together. The Sites are not intended for use by children under the age of 13. We do not knowingly collect or solicit any personal data from children under the age of 13. Should we learn that someone under the age of 13 has provided any personal data to the Operators, we will remove that information as soon as possible.

The Operators collect personal data in a number of ways and for a variety of purposes. This Privacy Policy applies to any manner of collection of personal data by the Operators.

Orders and Product Inquiries

When the Operators take orders for products or receive product inquiries they may collect the following types of personal data: (i) contact information such as name, address, telephone number and e-mail address for the person placing the order or making the inquiry; (ii) for an inquiry, information regarding preferences with respect to the types of products and services that the Operators make available; (iii) for an order, billing, banking and other financial information required to process payment for the order; and (iv) other types of personal data which a reasonable person would consider ancillary to the types of information set out above. This information may be used by the Operators to: (i) fulfill orders for products and services; (ii) process payments for orders; (iii) respond to any concerns regarding an order; and (iv) respond to inquiries.

By placing an order or making a product inquiry, an individual consents to the collection and use of that individual’s personal data by the Operators as described in this Privacy Policy.

Please note that the Operators use a third party for processing online payments, and the third party does not provide the Operators with any information pertaining to any credit card used to make an online purchase.

Rewards and Marketing Programs

When an individual chooses to participate in a rewards program or other marketing program (for example, a contest), the Operators collect the following types of personal data: (i) contact information such as name, address, telephone number and e-mail address; (ii) purchasing history with respect to the Operators’ products; (iii) rewards or prizes earned as a result of having participated in the rewards or other marketing program; and (iv) other types of personal data which a reasonable person would consider ancillary to the types of information set out above. This information may be used by the Operators to: (i) operate the rewards program or other marketing program; (ii) process and fulfill requests for rewards; (iii) respond to any concerns regarding the program; (iv) further develop or create rewards programs or other marketing programs; (v) offer products and promotions; and (vi) for any purpose disclosed at the time when the individual signs up to participate in the program.

By choosing to participate in a rewards program or other marketing program, an individual consents to the collection and use of that individual’s personal data by the Operators as described in this Privacy Policy.

Browsing

The Operators use technology to track the patterns of behavior of visitors to any of the Sites. The Operators’ servers collect the following information about each such visit: (i) the Site visited; (ii) the date and time of the visit; (iii) the pages within the Site that were visited and the time spent on each; (iv) the type of browser being used to access the Site; (v) the operating system of the device being used to access the Site; and (vi) the IP address from which the Site was accessed (from which the Operators may identify the web page from which a visitor was referred to the Site, the domain associated with that page and the person who holds the rights for the IP address, typically an internet service provider).

Some of the Sites use cookies. A cookie is a small text file stored on the device that an individual uses to access the Site(s). The cookie is used to identify the individual whenever he or she returns to the Site(s). The information contained in the cookie is also used to tailor how the individual experiences the Site(s). Please note, by changing the settings of their web browsers, individuals can prevent cookies from being set, but doing this may prevent them from participating in certain activities available via the Site(s) and they may not have access to all of the features of the Site(s). Refer to the browser “help” button on the device for how to do this. The Site(s) currently do not respond to Do Not Track requests.

The Operators may use the information collected from individuals who browse the Site(s) for the following purposes: (i) to better understand how the Site(s) are being used in order to improve upon the Sites(); (ii) to tailor how an individual experiences the Site(s) to the individual; and (iii) to investigate security incidents relating to the Site(s) (for example, to investigate a denial of service attack on the Site(s)).

By visiting one or more of the Sites, an individual consents to the collection and use of that individual’s personal data by the Operators as described in this Privacy Policy.

Interactive Website Activities

The Operators may collect the following types of personal data relating to individuals who choose to participate in other activities offered via the Sites (for example, contests): (i) age and contact information such as name, address, telephone number and e-mail address; (ii) contact information for a parent or guardian if the individual is under 18 years of age; and (iii) for any purpose disclosed at the time when the individual signs up to participate in the web-based activity.

By choosing to participate in interactive activities available via the Site(s), an individual consents to the collection and use of that individual’s personal data by the Operators as described in this Privacy Policy.

Newsletters and Announcements

As well, the Site(s) provide(s) individuals with several opportunities to “opt-in” to receive additional information, newsletters or announcements from the Operators. If an individual does so, the personal data that he or she provides to the Operators may be used to: (i) provide the additional information, newsletters and announcements; and (ii) tailor the types of information, newsletters and announcements provided by the Operators to the individual. Additionally, an individual who has previously opted to receive additional information, newsletters and announcements may subsequently “opt-out” by following the directions for doing so on the Site(s). Note that even if you “opt-out” of receiving newsletters or other marketing communications from the Operators, we may still email you with respect to transactions related to your account, or as otherwise required or permitted by law.

By opting to receive additional information, newsletters or announcements from the Operators, an individual consents to the collection and use of that individual’s personal data by the Operators as described in this Privacy Policy.

Surveys

From time-to-time, the Operators may ask individuals to volunteer their personal data in the form of a survey. Participation in surveys is optional. This information is used by the Operators to: (i) create aggregate information about their customers, visitors to the Sites and others; and (ii) for any purpose disclosed at the time when the individual completes the survey.

By opting to participate in any survey, an individual consents to the collection and use of that individual’s personal data by the Operators as described in this Privacy Policy.

Other

In addition to the purposes discussed above, where and as permitted by applicable law, the Operators may use the personal data collected about individuals (both actively and passively) for secondary marketing purposes and for third party marketing purposes, including re-targeting. This may include extending special offers, promotions or communications to individuals who interact with us. If you do not wish to engage with such offers, promotions, or communications, see “Newsletters and Announcements” above, or follow the directions provided in such communications, to opt-out.

The Operators may also use data analytics tools to collect and analyze data about individuals and their interactions with us. This may include information about your browsing habits (see “Browsing” above), or your other interactions with us. To the extent permitted by applicable law, we may use the data and analytics to improve the offers, services and Sites that we offer to you. If you have questions or concerns about our data analytics practices, or wish to opt-out of such activity, you may do so by contacting the Mother Parkers Privacy Officer at the contact information below. See also “Aggregation” below.

From time-to-time, the Operators may make other requests for individuals to volunteer their personal data. When the Operators create such an opportunity, they will disclose the purposes for which the personal data is being collected and seek an express consent to use the personal data collected for such purposes.

3. AGGREGATION

The Operators may use the personal data that they collect to create aggregated and depersonalized data sets. A data set is aggregated and depersonalized when none of the individuals whose personal data makes up the data set can be identified from the data set. The Operators may use such data without the consent of such individuals.

4. WHEN WE DISCLOSE INFORMATION

We may share information as discussed below, but we won’t sell it to advertisers or third parties.

Any company operated by the Operators may share personal data in its possession with: (i) its employees who need to use that information in connection with one or more of the purposes for which that personal data was collected; and (ii) any other company operated by the Operators who needs to use that information in connection with one or more of the purposes for which that personal data was collected. Please note that the Operators’ employees are located in the United States.

From time to time, the Operators may engage service providers to provide certain limited services such as shipping products, hosting the Sites or online hosting of other of our business processes, or processing financial or other transactions. This may involve the hosting of data, including personal data, on servers operated by those service providers, and in some cases those servers may be located in, or data en route to or from those servers may transit through, other jurisdictions, including the United States. (In such cases, we continue to protect that information with appropriate safeguards, but it may be subject to the legal jurisdiction of those countries and governmental authorities in those jurisdictions). The Operators will only provide those service providers with the personal data they need to deliver the service for which they were retained. The Operators will also require those companies, through contractual means, to safeguard such information, maintain its confidentiality and not to use that information for any purpose other than providing the services for which they were retained. 

The Operators may access and/or disclose any personal data which they have collected if required or permitted to do so by law (for example, in order to comply with a legal requirement including but not limited to one imposed by a warrant, subpoena, court order or like instrument served on the Operators or in urgent circumstances to protect the life, health or security of any person).

Where an individual submits a credit application, we will collect certain trade and bank references, and may confirm such references, and may collect additional information and/or disclose certain information to banks and/or credit agencies as necessary to complete the credit application process.

The Operators may also disclose an individual’s personal data to any successor, or to a purchaser upon any sale of any of their businesses or substantially all of the assets used in any such businesses.

The Sites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. When you leave our Sites, we encourage you to read the privacy policies of every website you visit. Please remember that their use of your personal data will be governed by their privacy policies and terms.

Before disclosing personal data relating to an individual to a third party other than as set out in this Privacy Policy, the Operators will obtain the individual’s consent to the disclosure.

5. HOW WE PROTECT PRIVACY ONLINE

Recognizing that personal privacy is important, the Operators employ physical, organizational and technical security measures to protect personal data. Please contact Mother Parkers Privacy Officer by e-mail, courier or regular mail at the address set out in Section 12 of this Privacy Policy for further information about the safeguards employed.

Even though the Operators use a variety of safeguards to protect information provided to them, it should be noted that no transmission of personal data can be guaranteed to be completely secure. Consequently, the Operators, their affiliates, related companies, third party service providers and their respective officers, directors, employees and agents do not represent, warrant or guarantee that personal data provided in this manner will be completely secure.

6. RETENTION AND DESTRUCTION

Except as otherwise permitted or required by applicable law or regulation, the Operators keep personal data only for as long as the personal data is required for the purposes for which it was collected, including for purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances, the Operators may anonymize an individual’s personal data so that it can no longer be associated with the individual and reserve the rights to use such anonymized data for any legitimate business purposes without further notice or consent.

When any personal data is no longer required by the Operators for the purposes for which it was collected, the Operators destroy the personal data in a manner which takes into account the sensitivity of that information.

7. CHANGES TO THE PRIVACY POLICY

The Operators reserve the right, at their discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. When the Operators make any change to this Privacy Policy, an updated copy will be posted to each applicable Site and the date that this Privacy Policy was last updated will appear at the top of the copy of it posted on the applicable Site.

8. PRIVACY OFFICER

The Operators understand that there may be questions and concerns about our organizations’ Privacy Policy and procedures or changes to our Privacy Policy. In order to provide detailed information and respond to our customers’, partners’ or employees’ expectations, we have designated a member of our executive team to act as a Privacy Officer. That person’s contact information is set out below.

9. YOUR RIGHTS

Accessing Account Information. We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to roastmaster@pourpoorkerrycoffeecompany.com

A Record of Data Transfer. The Operators will provide the right to request and receive, once a year and free of charge, information about third parties to whom we have disclosed certain types of personal data (if any) about you for our direct marketing purposes in the prior calendar year, and a description of the categories of personal data shared. To make such a request, please send an email to roastmaster@pourpoorkerrycoffeecompany.com and please include the phrase “Personal Information Privacy Request” in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal data to third parties for their direct marketing purposes.

California Online Privacy Protection Act. As required by the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code, this Privacy Statement identifies the categories of personally identifiable information (as that term is defined above and in the California Act) that we collect through our Sites about individual consumers who use or visit our Sites and the categories of third-party persons or entities with whom such personally identifiable information may be shared. See more about the California Act at http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

California Consumer Privacy Act of 2018 (CCPA). You have the right to request, twice a year and free of charge, certain information about parties to whom we have disclosed or sold your personal data in the prior calendar year and a description of the categories of personal data shared. Additionally, upon request, twice a year and free of charge, we shall provide to you any information relating to your personal data and our processing of your personal data in a concise, transparent, intelligible, and easily accessible form using clear and plain language. The information shall be provided in writing or by other means within 45 days of a written request. To make such a request, please send an email to roastmaster@pourpoorkerrycoffeecompany.com and please include the phrase “Personal Information Privacy Request” in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. You can also ask us to erase your personal data stored on our platform. If we receive a request to erase your data, we will ask you if you want your personal data to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose personal data we have erased so you may be contacted again by us, should we come into possession of your personal data at a later date. The Operators have collected, will collect and have disclosed the personal data described in the categories above during the last year for business purposes; however, we do not sell your personal data. If you exercise your rights under the CCPA, the Operators will not discriminate against you.

10. INQUIRIES, REQUESTS FOR ACCESS AND SUBMITTING CORRECTIONS

The Operators welcome comments regarding this Privacy Policy. If there are questions about this Privacy Policy, concerns that the Operators have not adhered to this Privacy Policy, or if an individual would like access or to request an amendment to that individual’s personal data being held by the Operators, please contact Pour Poor Kerry Coffee Company's Privacy Officer by e-mail at the following addresses:

Email:roastmaster@pourpoorkerrycoffeecompany.com