Welcome! DS Services of America, Inc. and its affiliates are a national direct-to-consumer provider of bottled water, office coffee and water filtration services via a full portfolio of great American brands, such as Alhambra^®, Deep Rock^®, Belmont Springs^®, Crystal Springs^®, Hinckley Springs^®, Kentwood Springs^®, Mount Olympus^®, Sparkletts^®, Sparkletts^® Sparkling Water, Sierra Springs^®, Athena^®, Nursery_®, Standard Coffee^®, Javarama^® and Relyant^®. We also produce and distribute bottles of various sizes and shapes through our PolyCycle Solutions_^™ brand. DS Services of America, Inc., its brands and affiliates are collectively referred to in these Terms of Use as “DS Services“, “we“, “us” or “our“. These Terms of Use are important and affect your legal rights, so please read them carefully.

1. Acceptance of Terms of Use

By accessing and using our websites and mobile applications that link to these Terms of Use (collectively, our “Sites”), you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not access our Sites or order, receive or use the products and services made available through the Sites. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms, we will update the “Last Updated” date at the beginning of these Terms of Use. By continuing to access or use the Sites, you confirm your acceptance of the revised Terms of Use. We encourage you to review the Terms of Use frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites.

2. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

3. Eligibility

The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, and (d) have full power and authority to enter into these Terms of Use and in so doing will not violate any other agreement to which you are a party.

4. Registration, Account and Communication Preferences

In order to access and use certain areas or features of the Sites, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account. By creating an account with us, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

5. Online Payments

By accessing, viewing or using our online payment service, you authorize us to establish and maintain your invoices and payment authorizations and process your payments according to your instructions. You also represent and warrant that you are authorized to use the designated payment method. DS Services reserves the right to terminate your access to the online payment service at any time with or without cause or prior notice in our sole discretion. When you send DS Services a payment authorization, you authorize DS Services to charge your transaction account and remit funds on your behalf. DS Services anticipates completing most transactions and posting your payment within two (2) business days of the date you designate. Due to circumstances beyond the control of DS Services, some transactions may take more than two (2) business days to post. Therefore, DS Services should receive payment authorizations at least three (3) business days before the actual payment due date. If you send a payment authorization less than three (3) business days before the payment due date, you may be assessed late charges and penalties by DS Services if your payment does not post prior to the due date. If your financial institution or the holder of the account from which you have designated payment is unable to complete your transaction including, but not limited to, insufficient funds, the transaction may not be completed, and DS Services may charge you for any returned credit/debit card charges. DS Services does not charge you any additional fees for submitting online payments; however, you may incur charges from your financial institution to make these payments.

6. License to Access and Use Our Sites and Content

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein (collectively, “Content”) are the proprietary property of DS Services or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Sites and Content. However, such license is subject to these Terms of Use and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms of Use shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of DS Services or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms of Use, the Sites and Content may include software components provided by DS Services or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

7. Copyrights

The works of authorship contained on the Sites, including, but not limited to, all design, text, graphics, sound recordings, images and logos (collectively “Copyrights”), are owned, except as otherwise expressly stated, by DS Services and are protected by United States and international copyright laws and regulations. In addition, DS Services owns a copyright to the Sites as a collective work or compilation, and in the selection, coordination, enhancement and arrangement of the content of the Sites. Except as otherwise expressly stated herein, the Copyrights may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of DS Services. DS Services does not grant any express or implied rights to you in the Copyrights and enforces its intellectual property rights to the fullest extent of the law. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.

8. Trademarks

“DS Services,” Alhambra^®, Deep Rock^®, Belmont Springs^®, Crystal Springs^®, Hinckley Springs^®, Kentwood Springs^®, Mount Olympus^®, Sparkletts^®, Sierra Springs^®, Athena^®, Nursery_® , Standard Coffee^®, Javarama^®, Relyant^® and PolyCycle Solutions_^™ and any other service names, logos or slogans that may appear on the Sites are trademarks of DS Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing any name, trademark or product or service name of DS Services without our prior written permission. In addition, the look and feel of the Sites, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of DS Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, service names and company names or logos mentioned on the Sites are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by DS Services.

9. Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray DS Services or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DS Services logo or other proprietary graphic of DS Services to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any DS Services trademark, logo or other proprietary information, including the images found on the Sites, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent. Links to non-DS Services websites are provided solely as pointers to information on topics that may be useful to you. DS Services makes no representation or warranty, either expressed or implied, about the content of any non-DS Services website, including but not limited to the accuracy, completeness, reliability or suitability thereof for any particular purpose. Links to non-DS Services websites do not imply that DS Services endorses, or is responsible for, the opinions, ideas, products, information or services offered by the non-DS Services websites.

10. Third Party Content

We may display content, advertisements and promotions from third parties through the Sites (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.

11. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms of Use and will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from such user and DS Services;
• Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
• Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
• Develop any third party applications that interact with User Content or the Sites without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
• Bypass or ignore instructions contained in the robots.txt file that controls all automated access to the Sites; or
• Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Use.

12. Feedback

You can submit questions, comments, suggestions, ideas, original or creative materials or other information about DS Services, the Sites or any of our products or services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of DS Services. DS Services shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13. Site Disruptions

DS Services is not responsible or liable if or when your access to the Site(s) is or becomes delayed, limited, slow or otherwise unavailable due to any reason, including hardware or software failure; overload of system capacities; damage caused by severe weather, earthquakes, hurricanes, natural disasters or other acts of God; wars, insurrections, riots, acts of terrorism; interruption of power or other utility services; strikes or other work stoppages; governmental or regulatory restrictions; court or administrative orders or rulings; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of DS Services. Furthermore, DS Services is not liable for any computer viruses, malicious code or other defect in the Sites or incompatibility among the Sites, files and your browser or other site accessing program.

14. Disclaimer of Warranties

WE ATTEMPT TO DISPLAY OUR PRODUCTS AND SERVICES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND PRODUCT AND SERVICE DESCRIPTIONS, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DS SERVICES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND CONTENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR CONTENT WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER WARRANTY RIGHTS THAT VARY FROM STATE TO STATE. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) at any time without notice. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DS SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR OTHERWISE RELATED TO THESE TERMS OF USE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM DS SERVICES, OR FROM EVENTS BEYOND DS SERVICES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE BLUE APRON PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY OF DS SERVICES FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

16. Modifications to the Sites

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) at any time.

17. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DS SERVICES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

a. Binding Arbitration

You and DS Services each agree to waive our respective rights to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising from or related to these Terms of Use, the Sites or the Content, resolved in a court and by a jury trial. Instead, you and DS Services agree to arbitrate Disputes through binding arbitration as provided in more detail in these Terms of Use. The foregoing waivers shall not apply to any Disputes arising out of or related to a violation of Section 11 or Disputes in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents.

b. No Class Arbitrations, Class Actions or Representative Actions

You and DS Services agree that any Dispute arising out of or related to these Terms of Use, the Sites or the Content is personal to you and DS Services and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and DS Services agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and DS Services agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

c. Federal Arbitration Act

You and DS Services agree that these Terms of Use affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

d. Notice; Informal Dispute Resolution

You and DS Services agree that each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to DS Services shall be sent by certified mail or courier to DS Services of America, Inc., Attn: Legal Department, 2300 Windy Ridge Parkway, Suite 500N, Atlanta, Georgia 30339. Your notice must include (a) your name, postal address, telephone number, account number (if you have one) and an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and DS Services cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or DS Services may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding.

e. Process

EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 11 OR DISPUTES IN WHICH EITHER PARTY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND DS SERVICES AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR DS SERVICES WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND DS SERVICES WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and DS Services agree that (a) any arbitration will occur in Cobb County, Georgia, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Georgia and the United States, respectively, sitting in Cobb County (for state) and Fulton County (for federal), have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

f. Authority of Arbitrator

As limited by the FAA, these Terms of Use and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

g. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms of Use, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

h. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first visit the Sites (and thus accept these Terms of Use) by writing to: DS Services of America, Inc., Attn: Legal Department, 2300 Windy Ridge Parkway, Suite 500N. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.

18. Governing Law and Venue

These Terms of Use and your access to and use of the Sites shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, without regard to conflict of law rules or principles (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration, shall be resolved in the states courts of Cobb County, Georgia or the federal courts of Fulton County, Georgia.

19. Termination of Access

Notwithstanding anything contained in these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites at any time and for any or no reason.

20. Severability

If any term, clause or provision of these Terms of Use is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms of Use.

21. Miscellaneous

These Terms of Use constitute the entire agreement between you and DS Services relating to your access to and use of the Sites. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DS Services. No waiver of any provision of these Terms of Use will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and DS Services’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Last Updated: December 6, 2019

By using this website or any of the products or services available on or through it or from AquaTerra Corporation (“AquaTerra”, “we”, “us”, “our”) or otherwise providing us with your personal information (as defined below), you agree that this Privacy Policy, as from time to time amended, applies.

If you do not agree with the terms of this Privacy Policy, please do not use our website or provide your personal information to us.

1. Your Privacy

AquaTerra respects your privacy. This Privacy Policy describes how we collect, use and disclose personal information. It applies to any personal information that is collected by us, whether it is collected in person, over the telephone, in writing, electronically or via our website. We recognize the importance of obtaining consent where required by law for collection, use and disclosure of personal information. We intend to comply fully with Canada’s Personal Information Protection and Electronic Documents Act, commonly known as PIPEDA, and other applicable privacy laws. If you have any questions about our use of personal information, please contact us as indicated under the “Contact Us” heading at the end of this Privacy Policy.

2. What Constitutes Personal Information?

Personal information is any information about an identifiable individual, but generally does not include certain business contact information about an individual that is collected, used or disclosed solely for the purpose of communicating with that individual in relation to their employment, business or profession, including the name, title, address (postal or email) or business telephone number of an employee of any organization.

3. Collection Of Personal Information

We may collect the following personal information about you:

• Name
• Identity of your employer
• Address (postal or email) and telephone number
• Payment information (banking or credit card information)
• Any personal information collected via electronic means
• What products and/or services you ordered
• Other information you choose to provide or as required or permitted by law

4. Use Of Personal Information

Your personal information may be used by us as permitted or required by law and for the following purposes:

• To provide our products and services to you
• To process invoices and your payment by credit card, debit systems or other billing options
• To contact you for customer follow-up, to seek your input and advise you about products and services of AquaTerra and our affiliated companies, but only your name, address (postal or email) and telephone number will be used for this purpose

5. Sharing Your Personal Information

We do not sell your personal information to third parties. We may share some or all of your personal information as required or permitted by law and to the following persons or entities:

• Affiliated companies and service providers (collectively, “Service Providers“) that work with us to provide our products, services and information to you, and to assist us in maintaining reviewing and enhancing our information technology systems that enable us to do so, but they will be provided with access to personal information only as needed to perform their functions and we shall not authorize them to use your personal information for other purposes
• Mailing services for invoicing and payment processing, but such services shall not be authorized by us to use your personal information other than for such processing
• Collection agencies to collect any debt you may owe to us (this information would be limited to your name, address (postal or email), telephone number and the amount owing)
• Service Providers for the purpose of customer follow-up, to seek your input and advise you about products and services of AquaTerra and our affiliated companies, but for this purpose we shall not share more than your name, address (postal or email) and telephone number
• Another company or business, in the event of a proposed transfer or actual transfer of ownership of all or part of AquaTerra to that other company or business, but for this purpose, we shall not authorize use of your personal information beyond the scope of any such transaction or this Privacy Policy

6. Safeguards For Personal Information

The security of your personal information is important to us, and we use various technical, contractual, administrative and physical security measures to protect personal information that you provide to us. We instruct our employees to comply with privacy laws and with this Privacy Policy. All credit card payment information is encrypted on your account. We use safeguards, including contractual commitments from our Service Providers, to ensure that they are obliged to engage in reasonable security measures to protect your information. We strive to regularly improve the security of personal information that you may provide to us, but please note that there is no method of transmitting or storing data that is 100% secure.

7. Service Providers Outside Canada

The Service Providers with whom we may share your personal information in accordance with this Privacy Policy may be located outside of Canada, including in the United States of America, and may therefore be subject to different laws than those applicable in Canada. While we employ various safeguards to protect your personal information when it is transferred outside of Canada, the laws of other jurisdictions may require the disclosure of your personal information to governmental authorities under circumstances that are different than those that apply in Canada and are contemplated under this Privacy Policy.

8. Cookies

We use “cookies“, which are software devices that are sent to your Internet browser and are stored on your computer’s hard drive. Cookies allow us to remember who visits our site so that you do not need to re-enter a password multiple times, they permit our server to recognize you when you visit our website in the future and allow us to customize our site to you, including in respect of advertising at this site. When you view advertisements at our site, our advertisers may also use cookies to make their advertising effective, and use of the cookies by our advertisers is subject to their own privacy policies and not the AquaTerra Privacy Policy. We also use cookies to collect aggregate information about our users, but no personal information will be shared with recipients of this aggregate information. You can configure your browser to accept or reject cookies, but rejection of cookies may limit your ability to use this site.

9. Links And Other Associated Sites

Our site may contain links to other sites, including sites of affiliated companies. We do not endorse or otherwise accept responsibility for the content or privacy policies of these sites. You should carefully review the privacy statements and other terms of use for such sites. These other sites may collect, use and disclose personal information in a very different manner from this site.

10. How Long Do Week Keep Your Personal Information?

We may retain your personal information as least as long as you remain our customer. If your relationship with us as a customer ends, we may use and disclose your personal information as required and permitted by law to conclude any outstanding matters relating to your relationship with us, to contact you for customer follow-up, and with your consent, to seek your input and advise you about products and services of AquaTerra and our affiliated companies that may interest you. If you do not wish to receive any such further information, please contact us as indicated under the “Contact Us” heading below. We also retain your personal information as necessary to satisfy any potential legal obligations we may have. If we have disclosed your Personal Information to a third party in accordance with this Privacy Policy, we will ensure that it is only retained by that third party for as long as is necessary for that third party to complete the purpose for which we provided it to them.

11. Contact Us

If you wish to file a complaint, make an inquiry regarding or obtain access to your personal information that we may hold, or have questions about our policies and practices with respect to our Service Providers, including access to written information about our policies and practices regarding any collection, use, disclosure or storage of personal information by our Service Providers outside of Canada, please contact us by:

• Clicking on the “Contact Us” link on the online environment you are visiting and indicating in your comments, Attention: Privacy Officer
• E-mailing our Customer Care team at Info@aquaterracorp.ca, Attention: Privacy Officer
• Calling our Customer Care team at 1-877-442-7873
• Writing to us at AquaTerra Corporation, 9021 Boulevard Metropolitan Est, Anjou, QC, H1J 3C4, Attention: Privacy Officer

Please be aware that access may not be provided to certain information that is protected by lawyer-client privilege, constitutes confidential commercial information, was collected in respect of the investigation of a breach of an agreement or of law, or is generated in respect of dispute resolution, or that otherwise may be withheld as permitted or required by law.

12. Changes To This Privacy Policy

We regularly review our Privacy Policy and procedures, and this Privacy Policy may be changed from time to time. Please check back often so you will be aware of any changes to the Privacy Policy.