Legal and Privacy Policy
Clearwater Website
Terms and Conditions of Use
The www.clearwater.ca website (this “Website”) is operated by the Clearwater Seafoods Limited Partnership, its subsidiaries and affiliates (collectively “Clearwater”). This Website is provided to you by Clearwater solely under the terms and conditions of this agreement (this “Agreement”). Your use of this Website constitutes your agreement to all of the terms and conditions contained in this agreement. If you do not agree with these terms and conditions, you may not use this Website. You may print and keep a copy of this Agreement.
MODIFICATIONS OF TERMS AND CONDITIONS OF USE
Clearwater reserves the right to change or modify the terms, conditions, and notices under which this Website may be used by you. Any change or modification will be made through a notice on this Website, and we ask that you periodically review the terms and conditions contained in this Agreement. Subsequent to the posting of all such notices, any further use of this Website by you shall constitute acceptance by you of such changes and modifications.
LIMITATION OF LIABILITY
THE WEBSITE AND THE INFORMATION AND MATERIALS THEREIN (THE “CONTENT”) ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. CLEARWATER DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE OR ANY OF THE CONTENT.
CLEARWATER DOES NOT WARRANT THAT THIS WEBSITE AND/OR THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THIS WEBSITE AND/OR CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THE EXPRESS WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT.
IN NO EVENT SHALL CLEARWATER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT, EVEN IF CLEARWATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF CLEARWATER UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO $10.00 CANADIAN.
THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, INACCURACIES OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION SUPPLIED BY YOU TO CLEARWATER. YOU SPECIFICALLY ACKNOWLEDGE THAT CLEARWATER SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES.
LINKS
Links to external websites (the “Linked Websites”) are provided for convenience and do not constitute an endorsement by Clearwater of the owners or operators of the Linked Websites, an endorsement of the content, products, advertising or other materials contained in the Linked Websites, or any association between Clearwater and the Linked Websites. Clearwater does not control of any of the Linked Websites and is not responsible for the contents of the Linked Websites.
COPYRIGHTS
Except as stated herein, copyright to all Content, including the design of this Website, text, graphics, logos, images, icons, interfaces, and the selection, assembly and arrangements thereof contained in this Website are the sole property of Clearwater. Permission is granted to electronically copy, display and print hard copy portions of this Website for your personal, non-commercial informational use. Any other use of the Content, including but not limited to, reproduction for purposes other than those noted above, modification, transmission, public display, distribution or republication, without prior written permission of Clearwater, is strictly prohibited.
TRADEMARKS
All Clearwater trademarks and service marks appearing on this Website are registered trademarks, trademarks or service marks of Clearwater. All custom graphics, icons, logos and other items that appear on this Website are trademarks or service marks of Clearwater. The use of any Clearwater trademark or service marks without obtaining prior written permission from Clearwater is strictly prohibited. All other trademarks, product names and company names or logos cited herein are the property of their respective owners and any unauthorized use is strictly prohibited.
USE OF THIS WEBSITE
The Content is owned or licensed by Clearwater, and we authorize you to view, display and download the Content and to print hard copies of the Content solely for your personal, non-commercial use, provided you retain all proprietary notices contained in the Content. Any material you download, or print shall remain the property of Clearwater and shall be returned, deleted or destroyed from your records at Clearwater's request. You may not modify, copy, distribute, link, frame, data-mine, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from this Website.
You may not use this Website for any purpose that is unlawful or prohibited by the terms, conditions and notices contained herein. You may not use this Website in any manner which is contrary to any applicable local, provincial, national, international and foreign laws or regulations governing your use of this Website. You many not use this Website in any manner which could damage, disable, overburden or impair this Website or interfere with any other party’s use and enjoyment of this Website.
SECURITIES INFORMATION
No Solicitation
Nothing on this Website is intended to constitute a solicitation or an offer to buy or sell any security.
Securities Disclosure
Some of the continuous disclosure documents filed by Clearwater with securities regulatory authorities in Canada and/or elsewhere may be listed on this Website as a convenience only. This Website may not be the most current or complete source for these documents because:
a) Current documents may not be posted;
b) Not all documents that have been filed with securities regulatory authorities will be posted on this Website; and
c) When documents are posted to this Website the documents or information contained in them may be lost or corrupted during such posting.
IF YOU ARE GOING TO RELY ON ANY INFORMATION CONTAINED IN ANY DOCUMENT THEN YOU MUST OBTAIN THAT DOCUMENT DIRECTLY FROM THE APPROPRIATE SECURITIES REGULATORY AUTHORITIES. IF YOU NEED THE MOST CURRENT INFORMATION THEN YOU MUST REFER TO DOCUMENTS THAT HAVE BEEN FILED WITH THE SECURITIES REGULATORY AUTHORITIES.
Forward Looking Statements
Some of the documents filed by Clearwater with the securities regulatory authorities may contain forward-looking statements under applicable securities law. The reader is cautioned that the assumptions used in the preparation of these statements involve risks and uncertainties that may cause actual results to differ materially from the forward-looking statements. A full description of these risks and uncertainties may be found in Clearwater’s continuous disclosure documents as filed with the securities regulatory authorities.
Caution
Individual statements appearing in Clearwater’s securities filings are intended to be read in conjunction with and in the context of the complete documents in which they appear, including any documents incorporated therein by reference thereto, rather than as stand-alone statements. Further, these documents are not intended to be read in conjunction ith any other material, including the content of this Website.
Also note that the continuous disclosure documents are only current as of the date on which they are filed with the securities regulatory authority.
CUSTOMER CONTENT
You are prohibited from contributing, posting or transmitting to the website any infringing, unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
If you provide Clearwater with any ideas, suggestions or feedback by e-mail or otherwise (“Customer Content”), you grant Clearwater a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, exploit, delete, reproduce, modify, adapt, publish, translate, create and exploit derivative works from, distribute, and display such Customer Content throughout the world in any manner including in any media, now known or hereafter developed, and you waive any and all property and moral rights in the Customer Content. You also grant Clearwater the right to use the name you submit with Customer Content, if any, in connection with Clearwater's rights hereunder.
CONTENT
Although Clearwater uses reasonable efforts to update and ensure the accuracy of the Content, Clearwater makes no warranties or representations as to its accuracy. Clearwater assumes no liability or responsibility for any errors or misrepresentations contained in the Content.
INDEMNITY
You agree to defend, indemnify and hold Clearwater, its employees, directors and related entities harmless from and against any claim, cause of action or demand and all liabilities, costs and expenses including reasonable attorneys’ fees, related to any violation of this Agreement by you or in connection with your use of this Website or brought as a result of your use of this Website.
SEVERABILITY
If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
ENTIRE AGREEMENT
Unless specifically provided herein, this Agreement, and the privacy policy incorporated herein, constitutes the entire agreement between you and Clearwater with respect to your use of this Website. This Agreement, and the privacy policy incorporated herein, shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Website except as specifically set forth herein.
TERMINATION
This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein. Clearwater reserves the right, in its sole discretion, to terminate your access to this Website and the related services or any portion thereof at any time, without notice.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Nova Scotia, for any legal proceeding arising out of or relating to your use of this Website or this Agreement. Notwithstanding the foregoing, any disputes arising from your use of this Website or under this Agreement shall be resolved by arbitration under the Commercial Arbitration Act (Nova Scotia) by a single arbitrator in Halifax, Nova Scotia, Canada in the English language.
PRIVACY POLICY
At Clearwater, your privacy is important to us. As part of our commitment to protecting your privacy, we have adopted this online privacy policy (“Privacy Policy”) which explains Clearwater's information privacy practices related to the Website. Please read this Privacy Policy carefully and if you have any questions or concerns about your privacy please contact us using the information provided at the end of this Privacy Policy.
Collection of Information
(a) Information We Collect
(i) Personal Information
“Personal Information” is information that is personally identifiable to you. Personal Information that we collect includes your name, e-mail address, mailing address, product preference and product use. We only collect Personal Information that you provide to us, either directly, or when using certain features of our site (such as registering with us, personalizing our services, responding to questionnaires or surveys and entering into contests). Unless you otherwise inform us, by providing Clearwater with your Personal Information you consent to our collection of your Personal Information and our use and disclosure of your Personal Information in accordance with these terms.
(ii) Non Identifiable Information
“Non-Identifiable Information” is information that cannot be associated with or traced back to a specific individual. For example, Non-Identifiable Information may include information about your visit to our site, your Internet Protocol address, operating system, web browser software or the domain from which you accessed the Internet. Non-Identifiable Information is generally collected in an aggregated form. We collect Non-Identifiable Information to diagnose problems with the Website, to determine how visitors use the Website and to administer and improve the Website.
(iii) Cookies
“Cookies” are small computer files transferred to your computer’s hard drive. Cookies provide information such as number of visits, average time spent, page views and other statistical information. You may set your browser to notify you when you receive a cookie or to prevent cookies from being transferred. All information, if any, Clearwater obtains by the use of Cookies remains anonymous. No information obtained through Cookies is correlated with information you have provided us with.
(b) Advertisers and Business Partners
This site may contain links that take you to other websites that may collect Personal Information about you. This Privacy Policy does not extend to the data collection practices of third parties and Clearwater does not assume any responsibility for the privacy practices, policies or actions of third parties. You should read the individual privacy policies of such websites, and make an informed decision whether or not to use these websites based upon their privacy practices and your discretion.
2. Use and Disclosure of Information
(a) Use and Disclosure of Your Personal Information
Your Personal Information shall be retained and used only for such purposes as responding to your requests, customizing future interaction and content, improving Clearwater's services, conducting transactions and communicating with you. In addition, Clearwater may, from time to time, use your Personal Information to contact you about changes or enhancements to the Clearwater site or Clearwater's products and services.
If you indicate to Clearwater that you are interested in receiving information, newsletters or offers from Clearwater, Clearwater will send you email publications and mailings about products and services that we feel may be of interest to you. If at any time you wish to end your subscription to our publications or stop receiving such information, please contact us in the manner described below or follow the directions included with any such communication from Clearwater.
Clearwater does not sell, rent or trade in Personal Information. Clearwater may share information with affiliated companies. Your Personal Information may be transferred to a successor entity of Clearwater or to any entity which purchases substantially all of the assets of Clearwater or a division of Clearwater. Except as described in this Privacy Policy, Clearwater will not disclose your Personal Information to unaffiliated companies unless you have been notified and have consented to such disclosure. Clearwater may disclose your Personal Information when authorized by you or when required or permitted by law.
Clearwater sometimes contracts with outside organizations to perform specialized services such as hosting the Website. Our suppliers may at times receive, process or handle some of your Personal Information. Only the Personal Information necessary to perform the services under the contract is given to the supplier. Under their contracts with Clearwater, our suppliers may use such Personal Information only to carry out the contracted service and must not store or use the Personal Information for any other purpose. Clearwater's contracts with its suppliers require that they provide a level of protection for your Personal Information that is comparable to ours.
Your consent will be obtained before Clearwater uses or discloses your Personal Information for any purpose other than those stated in this Privacy Policy or implied by your providing Personal Information to Clearwater. There may be circumstances where your Personal Information may be required to be disclosed according to law. In such a case, Clearwater may disclose your Personal Information without specific consent in accord with legal requirements. When your Personal Information is no longer required for the purposes stated in this Privacy Policy or other statutory requirements, your Personal Information will be made anonymous or be destroyed unless your further consent is obtained for the retention of your Personal Information for additional purposes not stated in this Privacy Policy.
(b) Use and Disclosure of Non-Identifiable Information
Clearwater uses Non-Identifiable Information to assess the effectiveness of site content and traffic. This allows Clearwater to improve the quality of visits by streamlining your ability to navigate the Website and developing featured programs and content that will be of interest to visitors to the Website. Aggregate Non-Identifiable Information is used to perform statistical analyses of the collective characteristics and behaviour of our visitors, to measure user demographics and interests regarding specific areas of the Clearwater Websites and analyze how and where best to use resources.
Aggregate Non-Identifiable Information may be used to describe our services to third parties such as prospective business partners. Your Personal Information will not be disclosed in any of these circumstances; only Non-Identifiable Information will be disclosed.
3. Security
Clearwater employs commercially reasonable protections to maintain the confidentiality of your Personal Information. Access to Personal Information is restricted to employees who need such information for a legitimate business purpose and such employees are instructed to abide by this Privacy Policy and Clearwater's privacy practices.
4. Accessing Your Personal Information
You have the right to access, verify and amend all your Personal Information collected by Clearwater by contacting us in the manner described below.
5. Opting Out
The choice to provide us with Personal Information is always yours. In certain cases, your decision to withhold information essential to take advantage of certain features may limit the services that we can provide to you.
6. Updating this Policy
This Privacy Policy was produced and posted at www.Clearwater.ca in January, 2003. Clearwater may modify or amend this Privacy Policy from time to time in the manner described in this Agreement.
7. Comments, Questions and Complaints – Contact Us
Any inquiries regarding Clearwater's privacy policy should be made
by one of the following 3 options:
By Mail:
Clearwater Seafoods Limited Partnership
Att: Privacy Officer
757 Bedford Highway
Bedford, NS
B4A 3Z7
By Fax: Att: Privacy Officer (902) 443-8365
By E-mail: privacyinquiries@clearwater.ca
Should you have any comments, questions or complaints with respect to Clearwater or this Agreement, please contact Clearwater at the following address:
Clearwater Seafoods Limited Partnership
757 Bedford Highway
Bedford NS B4A 3Z
Attention: Robert Wight
Fax: (902) 443-7797