- Agreement to terms: By using our services, including any website, software, social media site, or application controlled by HEINEKEN, (the “Services”), you acknowledge and agree to the following terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions are applicable to all instances of the Services, unless explicitly stated otherwise on any particular instance
- No entry for under-aged persons: You must be 21 years of age or older to use these Services
- Intellectual Property Belongs to HEINEKEN: The HEINEKEN name, logos and trademarks belong to HEINEKEN BROUWERIJEN B.V. or HEINEKEN USA INCORPORATED (collectively hereinafter referred to as “HEINEKEN”): By using these Services, you acknowledge and agree that any name, logo, trademark or service mark contained in these Services is owned or licensed by HEINEKEN and may not be used by you without HEINEKEN’S prior written approval. HEINEKEN will enforce its intellectual property rights to the full extent of the law. Audio, graphics, charts, text, video, information, or images of places or people contained on these Services are either the property of HEINEKEN or used in these Services with permission. Your use of any of these materials is prohibited unless specifically provided for on these Services. Any unauthorized use of these materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights
- Copyrights belong to HEINEKEN: HEINEKEN is the copyright owner of these Services and no portion of these Services including, without limitation, the text, images, audio or video, may be used in any manner, or for any purpose, without HEINEKEN’S express prior written permission, except as otherwise explicitly stated herein. Any modification, re-posting or use of the material in these Services for any other purpose violates HEINEKEN’S legal rights
- Unlawful behavior: You are prohibited from posting in these Services, or otherwise transmitting to or from these Services, any pornographic, obscene, profane, defamatory, libelous, threatening, harassing, inappropriate, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol or otherwise violate any law or regulation. Notwithstanding that HEINEKEN or other parties are involved in creating, producing or delivering these Services and may, from time to time, monitor or review transmissions, postings or discussions, HEINEKEN and all parties involved in creating, producing or delivering these Services assume no responsibility or liability which may arise from the content thereof including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation
- No warranty on content, information or materials: Although the specifications, features, illustrations, text, images, audio, video, content and other information and materials contained in the Services are based upon up-to-date information, and while HEINEKEN makes all reasonable efforts to ensure that all content, information and materials in these Services are correct, accuracy cannot be guaranteed and HEINEKEN makes no warranties or representations of any kind as to its accuracy
- Entry at your own risk; disclaimer: ANY USE AND/OR BROWSING OF THESE SERVICES IS PERFORMED AT YOUR OWN RISK. THESE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THESE SERVICES) IS PROVIDED TO YOU “AS IS” WITHOUT FURTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITH REGARD TO THE CONTENTS OF THESE SERVICES, HEINEKEN EXPLICITLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (A) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THESE SERVICES; OR (B) THAT THE SERVER OR MEANS THAT YOU USE TO ACCESS THE SERVER THAT MAKES THESE SERVICES AVAILABLE IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THESE SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO HEINEKEN’S NEGLIGENCE, WILL HEINEKEN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DELIVERING THESE SERVICES, BE LIABLE FOR: (A) ANY LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS); OR (B) ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OF ANY OTHER KIND OR NATURE; WHETHER ARISING OUT OF OR THROUGH YOUR ACCESS TO, THE USE OF OR BROWSING OF THESE SERVICES, OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO, AUDIO OR ANY OTHER MATERIALS FROM THESE SERVICES INCLUDING, WITHOUT LIMITATION, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, FAILURE OR MALFUNCTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE OR SOFTWARE PROGRAMS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, OR OTHERWISE, EVEN IF HEINEKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. HEINEKEN FURTHER ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES. IN NO EVENT SHALL HEINEKEN USA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICES
- Hyperlinks: Although these Services may be linked to other sites on the internet, HEINEKEN provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. HEINEKEN disclaims any and all warranties, express or implied, as to the accuracy, legality, reliability, accessibility or validity of any content, information or other materials contained on any other site. By entering these Services, you acknowledge and agree that HEINEKEN has not reviewed all sites linked to these Services and is not responsible for the content of any off-Services pages or any other site linked to these Services. Your linking to or viewing of any off-Services pages or other sites is at your own risk. You must obtain HEINEKEN’Ss prior written permission to link these Services to your website. HEINEKEN will only authorize links to sites when 71.6% of the actual audience of such site is 21 years or age or older
- Respect for Intellectual Property: HEINEKEN respects the intellectual property rights of others. It is our policy not to permit materials known by HEINEKEN to infringe another party’s copyright to remain on any portion of the Services. If you believe any materials on any of the Services infringe a copyright, you should provide HEINEKEN with written notice that at a minimum contains: a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) identification of the copyrighted work claims to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; c) identification of the material claimed to be infringing or to be the subject of infringing activity that that is to be removed or access to which is to be disabled and information reasonably sufficient to permit HEINEKEN to locate the material; d) information reasonably sufficient to permit HEINEKEN to contact you, such as an address, telephone number and, if available, an electronic mail address; e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Applicable law: By entering these Services, you acknowledge and agree that these Services are construed in accordance with and governed by the laws of the State of New York, USA. If you use these Services from another location, you are responsible for compliance with any and all applicable local laws. HEINEKEN makes no representation that the content contained within these Services is appropriate for countries outside the United States. Any and all information contained in these Services including, without limitation, information regarding products and services, applies only to those products and services offered in the United States. You agree that any litigation between you and HEINEKEN arising from or pertaining to the use of these Services, any advertising associated with these Services, or any link accessible from or providing access to these Services or otherwise shall be governed by New York law and that exclusive jurisdiction resides in the courts of the State of New York, USA
No Class Action and Dispute Resolution: Any dispute with HEINEKEN, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Services at the terms designated, and that your assent is an indispensable consideration to this Agreement
You also acknowledge and understand that, with respect to any dispute with HEINEKEN, our officers, directors, employees, agents, parents, subsidiaries or affiliates, arising out of or relating to your use of these Services or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
What Information Does HEINEKEN Gather?
HEINEKEN collects personally identifiable information such as your e-mail address, name, age, postal address and/or telephone number, email address, password, and comments (if applicable), as well as anonymous demographic information that is not unique to you, such as your ZIP code, age, gender, preferences, coupon use, HEINEKEN promotion participation or content viewing, and interests. This personal and non-personal information may be combined. If you do not want this information collected by HEINEKEN, please do not submit this information to HEINEKEN or agree to the collection of this information. We may also combine any information collected about you with publicly or commercially available information, including personal and non-personal information. We may collect information from any platform you use to access our Services and that information is dependent on the privacy settings and your permissions on that platform. Like many Services, we also use “cookies”, which are alphanumeric identifiers that are transferred to your computer’s hard drive through your web browser to enable our systems to recognize user preferences and to improve your future visits to the Services. You can set your web browser or other platform to notify you when you are receiving a cookie and choose to reject it. However, rejecting cookies may affect the performance of this website and prevent you from accessing certain HEINEKEN information.
Technical Information Gathering
HEINEKEN may collect information about the Services that you use and how you use them, like when you visit different parts of our site or applications and what selections you make on the Services. We may also automatically collect certain technical information such as:
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile information if you use a mobile device to access the site).
When you use our Services or view content provided by us, we may automatically collect and store certain information in server logs. This information may include:
- details of how you used our Service, such as your navigation paths and search queries
- mobile related information if you access our website using your mobile device
- internet protocol address
- device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL
- cookies that may uniquely identify your browser, mobile device, or your account
- Browser type, operating system, and other technical information
HEINEKEN, or our advertising networks or vendors use cookie, tag, beacon, and other similar technology to serve you relevant advertisements and alert you to HEINEKEN content, even on other sites and services (“Interest Based Advertising”). This technology can also be used to collect and analyze aggregated information about our users. The National Advertising Initiative and the Digital Advertising Alliance have more information and opt-out sites maintained here: http://www.networkadvertising.org/choices/ and here http://www.aboutads.info/choices.
How Does HEINEKEN Use the Collected Information?
The information provided by visitors through Services registrations, on-line surveys, use analytics, publicly or commercially collected, or otherwise may be stored, analyzed and used to improve or market our products and services, process your transactions, respond to your requests, gain aggregate information on what parts of the Services people visit and use as well as to customize future access to the Services (as applicable) and inform you of products, services and special promotions that may be of interest to you. The information collected will be used for business purposes only. We may also track the Internet addresses of our visitors and analyze this data for trends and statistics.
You may also “opt-in/opt out” of certain uses of your personal information such as email communications. You may also review or request changes to your personal information in certain of our Services by following the instructions in the Services.
If you have any questions regarding your personal information or the management of your personal information, please contact us at email@example.com.
Do Not Track Signals
Some web browsers have settings that include “do not track signals.” Our services are not currently engineered to respond to those signals from browsers.
Does HEINEKEN Share the Information it Receives?
Information about our visitors is an important part of our business and we do not sell it to others. Your personal information may be shared with other HEINEKEN business locations throughout the world and as described below.
HEINEKEN may share personally identifiable information, including information that you provide on the Services, with third parties as described below.
Sponsorships and Co-branded Activities
From time to time we may enter into a relationship with another company that is not owned by or affiliated with HEINEKEN to provide additional features on Services. These special relationships may include business partners, sponsors and co-branded sites (referred to here as "co-branded pages"). Any information, including personally identifiable information that you provide on one of these co-branded pages, may be shared with these third party partners. By participating in activities or providing your information on these co-branded pages, you also consent to our providing your personally identifiable information to those third parties. Since these third parties will use your information in accordance with their own privacy practices, you should check their websites for information regarding their privacy policies.
We may use service providers to help us enhance our marketing abilities and operate our business, including these Services. Sharing information with these parties includes combining personal and non-personal information as set forth herein. It may also include administering activities on our behalf, such as sending emails, transaction fulfillment and sweepstakes administration. For instance, if you participate in a sweepstakes, game or other program resulting in a prize or award, we will share personally identifiable information about you with our games and merchandise fulfillment and management agencies. If you enter into a transaction on our Services, we may share your information with transaction providers to fulfill your requests. We may also combine information in our database about you with other information available from third parties to optimize our ability to communicate with you and similar consumers.
HEINEKEN may share information with other companies employed by it to perform functions on our behalf such as analyzing data and providing marketing/fulfillment assistance, including information from our Interest Based Advertising. These companies have access to information needed to perform their obligations, but may not use it for any other purpose and are required to maintain the confidentiality of such information.
If HEINEKEN becomes involved in a merger, acquisition, bankruptcy, or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of our Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Services.
Other than as set forth herein, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share such information.
HEINEKEN works to protect the security of your information during storage and transmission by using industry standard security software. We cannot, however, guarantee complete security of your information.
Special Notice to California Residents
Under California Civil Code section 1798.83, California residents have the right to request and receive from HEINEKEN, once a year, free of charge, information about the personal information we have disclosed (if any) to third parties for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to firstname.lastname@example.org including the phrase California Privacy Request in the subject line, and provide HEINEKEN with your name, postal address and email address.
If you have questions about this policy, please contact us: email@example.com.
Copyright © HEINEKEN 2015. All rights reserved. All copyright and other intellectual property rights in all text, images, video, sound, software and other materials in these Services are owned by HEINEKEN International and affiliated companies or are included with permission of the relevant owner.
This policy was last updated July 15, 2015.