“Personal Information” is information that is personally identifiable to you, but does not include information to enable an individual to be contacted at a place of business. Personal Information that we may collect includes your name, e-mail address, home mailing address, product preference and product use.
1. Advertisers and Business Partners and Other Third Parties
We will obtain your consent to collect, use or disclose Personal Information (except where, as noted below, we are authorized to do so without consent). Consent can be provided directly or it can be implied where the purpose is reasonably expected or obvious based on other disclosed purposes and the context in which you provide your Personal Information, and you voluntarily provide your Personal Information. It can also be implied for such things as newsletters and other correspondence about new products and offers where you are given a reasonable opportunity to opt out of your Personal Information being used and you do not do so.
We may collect, use or disclose your Personal Information without your knowledge or consent in the following limited circumstances: (a) if an emergency threatens an individual’s life, health or personal safety, (b) when the Personal Information is available from a public source (e.g., a telephone directory),(c) when we require legal advice from a lawyer, (d) for the purposes of collecting a debt, (e) to protect ourselves from fraud, (f) to investigate an anticipated breach of an agreement or a contravention of law, and (g) if otherwise required or permitted by law.
The choice to provide us with Personal Information or to withdraw your consent to our use or disclosure of your 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.
3. Collection of Information
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).
(a) 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 Website, 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, and to administer and improve the Website.
“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 Village Farms obtains from Cookies remains anonymous. No information obtained through Cookies is correlated with information you have provided to us.
4. Use and Disclosure of Information
(a) Use and Disclosure of Personal Information
Your Personal Information will be used and disclosed to fulfill the purposes identified at the time of collection (or for a purpose reasonable related to those purposes) such as: (a) responding to your questions or requests, (b) customizing future interaction and content made available to you, (c) improving Village Farms’ services, (d) conducting transactions, and (e) communicating with you about changes or enhancements to the Village Farms Website or Village Farms’ products and services or to manage our relationship with you, or (f) to meet our legal and regulatory requirements.
If you indicate to Village Farms that you are interested in receiving recipes, other information, newsletters or offers from Village Farms, Village Farms 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.
Village Farms does not sell, rent or trade in Personal Information. Village Farms may share Personal Information with affiliated companies.
Your Personal Information may be transferred to a successor entity of Village Farms or to any entity which purchases substantially all of the assets of Village Farms.
Village Farms 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 Village Farms, 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. Our suppliers may use or store Personal Information outside of Canada. Village Farms’ contracts with its suppliers require that they provide a level of protection for your Personal Information that is comparable to ours and compliant with provincial and federal privacy legislation.
(b) Use and Disclosure of Non-Identifiable Information
Village Farms uses Non-Identifiable Information to assess the effectiveness of the Website’s content and traffic. This allows Village Farms 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 Village Farms 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.
6. Accessing Your Personal Information
You have the right to access, verify and amend your Personal Information collected by Village Farms by contacting us in the manner described below. We will make good faith efforts to provide you with access to your Personal Information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. If a request is refused in full or in part, we will notify you in writing, providing the reasons for refusal and the recourse available to you. We may decline to process, in part or in full, requests that are unreasonably repetitive, require disproportionate technical effort or cost, or would jeopardize the privacy of others.
7. Updating this Policy
8. Comments, Questions and Complaints – Contact Us
Terms and Conditions of Use
The www.villagefarmsfresh.com website (this “Website”) is operated by Village Farms, its subsidiaries, affiliates, successors and assigns (collectively “Village Farms”). This Website is provided to you by Village Farms 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
Village Farms reserves the right to change or modify the terms, conditions, and notices under which this Website may be used by you. Any such change or modification shall 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 be deemed to constitute acceptance by you of such changes and modifications.
Disclaimer of Warranties
The www.villagefarmsfresh.com website and the information and materials therein (the “Content”) are provided on an “as is, where is” basis. Village Farms 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 its Content.
Village Farms 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. This disclaimer 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 Village Farms. You specifically agree that village farms shall not be liable for any defamatory, offensive or illegal conduct of third parties.
Limitation of Liability
In no event shall Village Farms 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 loss) arising out of the use of or inability to use this Website or its content, even if Village Farms has been advised of the possibility of such damages. In any case, the entire liability of Village Farms under any provision of this Agreement shall be limited to $10.00 Canadian.
Links to external websites (the “Linked Websites”) are provided only as a convenience and do not constitute an endorsement by Village Farms 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 Village Farms and the Linked Websites. Village Farms is not in control of any of the Linked Websites and is not responsible for the contents of the Linked Websites, including without limitation any link contained in the Linked Websites or any changes or updates to the Linked Websites.
Except as stated herein, 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 or licensed by Village Farms.
All trademarks and service marks owned by Village Farms and appearing on this Website are registered trademarks, unregistered trademarks or service marks of Village Farms. All custom graphics, icons, logos and other items that appear on this Website are trademarks or service marks of Village Farms and owned by Village Farms. The use of any Village Farms trademark or service marks without obtaining prior written permission from Village Farms 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 Village Farms, 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 Village Farms and shall be returned, deleted or destroyed from your records at Village Farms’ 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, municipal, state, 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.
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.
Information and Content You Submit
If you provide Village Farms with any ideas, suggestions or feedback by e-mail or otherwise (the “Customer Content”), you grant Village Farms a worldwide, 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 Village Farms the right to use the name you submit with Customer Content, if any, in connection with Village Farms’ rights hereunder.
Although Village Farms uses reasonable efforts to update and ensure the accuracy of the Content, Village Farms makes no warranties or representations as to its accuracy. Village Farms assumes no liability or responsibility for any errors or misrepresentations contained in the Content.
You agree to defend, indemnify and hold Village Farms, its related entities and subsidiaries, their respective officers, directors, employees, advisors and agents, and their successors and assigns 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 or its Content.
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.
This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein. Village Farms 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, in its sole discretion.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia 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 British Columbia, for any legal proceeding arising out of or relating to your use of this Website or this Agreement.