Last updated on January 22, 2019
Term of Use
Welcome to BeaverTails®’ website! (“Site”). This website is operated by BeaverTails® Canada Inc. (“we,” “us,” “our,” or “BeaverTails®”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our website or other services offered at https://beavertails.com and https://beavertails.com/fr/ (our “System”).
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site. As a condition of your use of the Site, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for or through the System.
All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.
Links to Other Websites and Connecting through Social Media
The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
You agree to indemnify, defend, and hold harmless BeaverTails®, its affiliates, its officers, directors, franchisees, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, any claim, your violation of these Terms, or your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences.
Warranty and Limitation of Liability
BEAVERTAILS® AND/OR ITS AFFILIATES, FRANCHISEES. OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEAVERTAILS®, ITS AFFILIATES, FRANCHISEES, AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Governing Law, Venue and Jurisdiction
BeaverTails User Generated Content – Terms and Conditions
Thank you for recently visiting a BeaverTails location and enjoying a yummy pastry. BeaverTails are a delicious tradition and we are happy to see the way you’ve used our products in your memorable moments and we want to share your content with our fans. With your permission, sharing your love for BeaverTails is easy! Please review the terms and conditions below. If you agree with the fine print, respond to our request with #yehbeavers
By responding to our request with the hashtag #yehbeavers, you hereby grant BeaverTails Canada Inc, its parent company, affiliates, subsidiaries, its successors, assignees, advertising and promotional agencies, agents, representatives and their employees, directors, officers, suppliers, administrators, franchisees/licensees (collectively “BeaverTails”), unrestricted and irrevocable rights to be used at its discretion, royalty free, perpetually and world wide, to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt, modify or otherwise use and or link to the Content (as defined below) or a portion thereof, without compensation, the voice, video, image, or any social media publication (ie Post, Story, Reel®, etc.) made by you and for which you responded with the hashtag #yehbeavers ( the “Content”) including those bearing your name , voice, image, likeness, and/or any other identifiable representation of yourself (collectively “your Likeness”) in any and all media (now or hereafter know) without limitation to time or territory. The Content may be used without compensation or further notice, at any time and from time to time in any advertising or publicity carried out by BeaverTails or their agents, in any manner of media now known or hereafter devised, unless prohibited by law, including but not limited to, in any video, signs, truck/vehicle wraps, used in its stores, place of business and/or on any food truck, trailer, container.
For greater certainty, you hereby understand and consent that BeaverTails can use (including without limitation, by reproduction, publication, adaptation, translation, modification, exposition, transmission, distribution and online) the Content and your Likeness in connection with any merchandising and service provided by BeaverTails, at its point of sales, website, online contest, social media, print, audio-visual or online advertisements and promotions, events, and any other commercial exploitation worldwide, advertisement or other and that BeaverTails alone retains the proceeds thereof. You hereby irrevocably waive any and all moral rights that you possess or could possess in relation to the Content. You acknowledge that should BeaverTails choose to use the Content in any way, as is or modified, it shall automatically become the sole owner of the property rights (including any copyrights) of said Content as used by BeaverTails. BeaverTails reserves the right to alter, change or modify the Content, in its sole discretion. You hereby waive any right you may have to inspect or approve the finished content or any part or element thereof that incorporates your Likeliness and/or Content.
Representations and Warranties:
By responding to our request with the hashtag #yeahbeavers, you warrant and represent that:
- You are of the legal age of majority in your province of residence and have the full right, power and authority to enter into this agreement and to grant the rights, waiver and release granted herein;
- You are the sole creator/author of the Content and own all rights to use it or, alternatively, have the right to grant us the license and rights described above;
- You have waived any and all moral rights in and to the Content and/or any testimonial or Likeness accompanying same and irrevocably waive any right of approval of the use of said Content, testimonials and/or Likeness and agree that the choice of such use, if any, is at the sole discretion of BeaverTails;
- All Content and any information, facts and/or declarations provided herein are accurate and true;
- The Content does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person, entity or other third party;
- Publication of the Content via various media including Web posting and/or social media, will not infringe on the rights of third parties;
- You have obtained permission from all person whose name, voice, image, likeness and/or other identifiable representation contained in the Content and in the event that the Content contains the image and or likeness of any minor, you have the authority as parent, tutor or guardian of said minor to grant all required consent and hereby grant all required consent to use the Content as more fully stipulated herein;
- In consideration of the opportunity given to you by BeaverTails to appear or have your Content appear in its promotional materials, you acknowledge that you have fully read, understood and agree with the terms and conditions of this licence, waiver and release, and that you have had any questions regarding its effect or the meaning of its terms answered to your satisfaction; and
- You hereby understand and agree that this agreement is binding on you and yours heirs, executors, administrators, assignees and/or any legal representatives.
You irrevocably release, indemnify and hold harmless BeaverTails from any and all claims , demands and damages (actual and consequential) of any kind and nature, known and unknown, including reasonable legal fees, arising out of the use of the Content and Likeness, including, without limitation, any and all claims or demands based on privacy, personality, defamation, copyright, trade-mark or any other cause of action as well as arising out of any breach of your representations and warranties set forth above, your violation of any terms herein, your violation of any laws or rights of third party. This indemnification will survive any termination of these terms and conditions. If properly notified that the Content allegedly infringes on another’s intellectual property rights, BeaverTails will remove the Content. Under no circumstances will BeaverTails be liable in any way for (i) any Content containing any errors or omissions; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to BeaverTails.
You hereby provide this waiver and release to BeaverTails on the basis that no compensation of any kind whatsoever is paid or payable to you for the Content freely and voluntarily. You claim no right to compensation or benefit arising out of the use of the Content, your Likeness and/or testimonial, if any, that you provided, as the case may be.
Except to the extent that the laws of the Canadian province or territory in which you reside require the laws of such jurisdiction to apply to these terms and conditions, the laws of the Province of Quebec, Canada, will govern these terms and conditions, without giving effect to any principles of conflicts of laws. BeaverTails reserves the right to make changes to these terms and conditions at any time.
Except to the extent that the laws of the Canadian province or territory in which you reside prohibit this choice of forum provision, any claim or dispute between you and BeaverTails that arises in whole or in part from the Content shall be decided exclusively by a court of competent jurisdiction located in the City of Montreal, Quebec. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and BeaverTails’ failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
It is the express wish of the parties that these terms and conditions and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente entente ainsi que tous les documents y afférant soient rédigés en anglais.
To contact us, email us at firstname.lastname@example.org.
Effective Date: January 22, 2019
What Information is Collected?
We collect several types of information from and about users on our website, including information by which you may be personally identified. We may collect personal information from you on our System, or through any other digital or personal communication between you and the System. Information collected by us provided by you may include information such as your name, email address, phone number, and physical address.
The information we may collect includes, but may not be limited to:
- Your contact information to register to receive our newsletter and other company related updates, promotions, opportunities, and materials from us, such as your first name, last name, phone number, and email address;
- For potential franchisees, your contact and financial information, such as your first name, last name, email address, current job title, physical address, general financial information, such as liquidity and assets, and other information relevant to your qualifications for a BeaverTails franchise;
- For potential franchisees, your preferences for location, type of franchising opportunity, and details regarding your interest in applying for a BeaverTails franchise;
- Any information you voluntarily provide when sending a message or initiating an inquiry for more information regarding our business;
- Your first name, last name, email, subject, and message to participate in our Rebates Fundraiser and BeaverBites Donation programs and World Food Day and Hunger Awareness Week sponsorships;
- Your contact information and information regarding an event, including location, number of participants, and other event details relevant to booking a BeaverTails truck;
- Your responses to marketing campaigns and surveys we may send to you; and
- Your transaction and order history relating to the use of our products and services.
The information we may collect includes, but may not be limited to:
- Information regarding your browser and other technical specifications required to use our Site;
- Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Site, and for us to credit your account for various online transactions;
- Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites; and
- Your IP address to identify the geographic location of a particular device, measure our website traffic, and to help provide a more personalized experience.
Cookies and Related Technologies
We may also use third-party vendors, such as Google Analytics, Facebook Connect, BugHerd, and Facebook Custom Audience to advertise to our users online. These third-party vendors may display BeaverTails product advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Site or another site affiliated with BeaverTails products or services. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.
You may limit the collection of “cookies” through your browser settings. However, this may disable our ability to provide you with the most relevant products or information regarding the System.
Children Under the Age of 16
Our Site and System are not designed for children, and we do not knowingly collect information from any person under the age of 16.
How is User Information Used and Shared?
We collect information about you in order to provide you with services and products, and also to collect information that is necessary for the System to work properly. We use personal information about our users for a variety of purposes related to our business, including but not limited to:
- As necessary to comply with a legal obligation
- As necessary for our legitimate interests
- As necessary for the performance of a contract
- Allowing you to receive information from us regarding BeaverTails products or services;
- Tracking information about your visits to our Site or use of the System to allow us to provide better service;
- Using certain online preferences in the aggregate across all users to evaluate the System and develop additional products and services to offer;
- Sending or initiating direct marketing programs, such as newsletters or information about new products or services we are offering;
- Processing your franchise inquiry and contacting you regarding franchise opportunities;
- For potential franchisees, information may be shared with affiliates and service providers as part of BeaverTails’ consideration of your franchise inquiry or application, including for criminal and other background checks;
- Sharing information with our franchisees regarding your requests on the Site;
- Contacting you regarding an inquiry on the System that you have initiated;
- Using content from social media platforms where you discuss our products or use a hashtag related to our products;
- Providing information about your usage or preferences to our third-party vendors and providers;
- For any other purpose with your consent; and
We may share information, in the aggregate, regarding your online browsing preferences to evaluate our products or allow the third parties we work with to better serve our users.
We may provide user information to third-party service providers or vendors for purposes of, including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or development of our System, development of online products, services, or customer service, or new product development, or other contracted promotional opportunities provided to our users. We will not share your information with third parties to directly market their products to you. We may share personally identifiable information with franchisees or our local business partners with whom we collaborate or work with to provide specific services to you. All financial information submitted in connection with a franchise inquiry will be kept confidential.
We may share this information with any subsidiaries, franchisees, licensees, suppliers, distributors, affiliates, assigns, successors, or other related entities and their respective owners. We may also share your personal information in connection with law enforcement requests or in response to investigations, subpoenas, court orders, or other legal process to establish or exercise our legal rights or defend against legal claims, including those of our franchisees, or as otherwise required by law.
We may also disclose your information to a third party as part of reorganization or a sale of the assets of BeaverTails, or its subsidiaries or divisions or the sale or transfer of any franchisee location to a new franchisee. Any third party to which BeaverTails transfers or sells the System or related assets will have the right to continue to use the personal and other information that you provide to us.
How is User Information Protected?
We maintain administrative, physical, and technical safeguards for all user information collected in our System.
How Can Users Limit Information Collected?
While we work hard to use and disclose our users’ personal information only for the purposes identified above, you can choose not to provide personal information or limit the personal information obtained by us as follows:
- You may have your contact information removed from our marketing lists to inform users of new or relevant products, services, and special offers by clicking on the unsubscribe link in any communication received from us, or by emailing us at email@example.com;
- You may limit the collection of “cookies” through your browser settings. However, this may disable our ability to provide you with the most relevant products or information regarding the System; and
- You may limit the ability of Google Analytics to track your online activity, as outlined in the “Behavioral Advertising” section.
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting purposes. In some cases we may anonymize your personal information (so that it can no longer be associated with you for research or statistical purposes) in which case we may use this information indefinitely without notice to you.
International Data Processing
BeaverTails is located in Canada and all data related to the System (as defined below) is collected and processed by BeaverTails in Canada. If you are not located in Canada, your personal data will therefore be transferred to, processed, and stored in a country (Canada) outside of the country where you live. By submitting your personal information to us, you are consenting to the processing of your personal information in Canada. To the extent some of our franchisees need to collect and share or permit us to facilitate collection and sharing of personal data to enable our services, it is the responsibility of those franchisees to provide necessary privacy notices and obtain required consents.
If you are not located in Canada, your local privacy laws may give you certain rights to access information held about you and you may have the right to ask us not to process your personal data. If you are a European Data Subject, you may request access, rectification and correction, erasure, and to object to our processing of your information by contacting us at firstname.lastname@example.org. Further, if you are a European Data Subject and we are processing your personal data on the basis of your consent, you may revoke your consent at any time by emailing us at: email@example.com. Such withdrawal does not affect the lawfulness of processing prior to the withdrawal of consent. Further, withdrawal of consent does not affect processing of information based on other lawful bases of processing other than consent.
We encourage you to contact us regarding any complaint at firstname.lastname@example.org. European Union data subjects may file a complaint with a data protection authority regarding our processing of your personal data. For more information, please contact your local data protection authority. Contact information of European supervisory authorities is available here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Your California Privacy Rights
California Civil Code § 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at email@example.com. At this time, our System does not respond to browsers’ Do Not Track signals.
BeaverTails Canada Inc.
3700 St. Patrick St., Suite 106
Montreal, Quebec, H4E 1A2