Terms & Conditions
Private Policy ( Effective Dec 12, 2019)
1.1 Your access and use of the websites (the “Websites”) of Edge Value Solutions (EVS Pro), which includes EVS Pro’s affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarize yourself with any changes.
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of EVS Pro or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of EVS.
3.2 EVS neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy. EVS invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.
4.2 Any other information or material communicated to EVS through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of EVS and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, EVS is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that EVS’s use will not violate any third party’s rights. EVS is under no obligation to use the information provided.
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 EVS DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.4 Any advise or information, be it oral or written, obtained from EVS or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.
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6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER EVS, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY EVS), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. EVS assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 EVS reserves the right to interrupt or discontinue any or all of the functionality of its Websites. EVS accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of EVS or any third party.
The content of our Websites may contain inaccuracies or errors. EVS reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
Our Websites may contain information on EVS’ worldwide products and services, not all of which are available in every location. A reference to a EVS product or service on the Websites does not imply that such product or service is or will be available at your location.
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by EVS. EVS shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of EVS.
10.1 The present Terms of Use embody the entire agreement concluded between EVS and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by EVS and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.
10.2 The fact that EVS tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and EVS.
10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.
Please read this privacy notice (“ Notice”) carefully to understand our policies and practices regarding your Personal Data and how we will treat it. By using a EVS website you are giving us your Personal Data, you agree to this Notice.
This Notice explains how your Personal Data are collected, used, and disclosed by EVS entities as listed in the controllers & contact section (Section 11) (“ EVS ”, “ We”, Us”). It also tells you how you can access and update your Personal Data and make certain choices about how your Personal Data are used.
This Notice covers both our online and offline data collection activities, including Personal Data that We collect through our various channels such as websites, apps, third party social networks, and events.
If you fail to provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), We may not be able to provide you with our goods and/or services. This Notice can change from time to time (see Section 10).
This Notice provides important information in the following areas:
This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:
We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook (“ Websites”).
E-mail, text and other electronic messages . Electronic communications between you and EVS.
Offline registration forms . Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
Recycling . Our third-party recycling providers (“ Recyclers”), if you opt in to our Recycling Pilot Project (see below).
Data from other sources . Third party social networks (e.g. such as Facebook, Google) or market researches (if feedback not provided on an anonymous basis).
Depending on how you interact with EVS (online, offline, over the phone, etc.), We collect various types of information from you, as described below.
Personal contact information . This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number
Demographic information & interests . Any information that describes your demographic or behavioural characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. postcode/zip code), favourite products, hobbies and interests, and household or lifestyle information.
Technical information about computer/mobile device . Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a EVS website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.
Websites/communication usage information . As you navigate through and interact with our Websites or newsletters, We use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking. You have the right to object to the use of such technologies, for further details please see Section 3.
Market research & consumer feedback. This includes information that you voluntarily share with Us about your experience of using our products and services.
Consumer-generated content. This refers to any content that you create and then share with Us on third party social networks or by uploading it to one of our Websites or apps, including the use of third party social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, We collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
Third party social network information . This refers to any information that you share publicly on a third party social network or information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with Us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share. We receive your third party social network profile information (or parts of it) every time you download or interact with a EVS web application on a third party social network such as Facebook, every time you use a social networking feature that is integrated within a EVS site (such as Facebook Connect) or every time you interact with Us through a third party social network. To learn more about how your information from a third party social network is obtained by EVS, or to opt-out of sharing such social network information, please visit the website of the relevant third party social network.
Recycling Information. If you choose to participate in our Recycling Analytics Pilot Project (the “ Recycling Pilot Project”) we will collect information about your recycling habits including how many Nespresso pods you recycle and how frequently. We collect this information from our Recyclers. We will combine this information with your transaction information in order to determine how many of your purchased Nespresso pods are being recycled and to identify trends (for example, whether individuals in certain areas are more or less likely to recycle). You can contact us to opt out of this Recycling Pilot Project at any time.
Cookies/Similar Technologies . Please see our Cookie Notice to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.
Log Files . We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.
Web Beacons . Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons will include information such as IP Address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We will use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalization.
The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.
What We use your Personal Data for
Customer service . We use your Personal Data for customer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint, general question, etc.).
Contests, marketing and other promotions . With your consent (where required), We use your Personal Data to provide you with information about goods or services (e.g. marketing communications or campaigns or promotions). This can be done via means such as email, ads, SMS, phone calls and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions are run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose (or withdraw your consent in certain countries) to the processing of your Personal Data for this purposes. For detailed information on how to modify your preferences about marketing communication, please see Sections 8 and 9 below. For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion.
Third party social networks: We use your Personal Data when you interact with third party social networking features, such as “Like” functions to serve you with advertisements and engage with you on third party social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks.
Personalization (offline and online) . With your consent (where required), We use your Personal Data (i) to analyze your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalize your experience on our Websites and apps; (iv) to ensure that content from our Websites/apps is optimized for you and for your computer or device; (v) to provide you with targeted advertising and content, and (vi) to allow you to participate in interactive features, when you choose to do so. The use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose. For detailed information on how to opt-out please refer to Section 8 below.
Recycling Pilot Project. We use the Personal Data of participants in our Recycling Pilot Project, to administer the Recycling Pilot Project, better understand participants’ recycling habits and behaviours, and to identify trends (for example, identify geographic areas where recycling is common). Our objective in collecting this information is to better understand participants’ recycling habits so that we can identify and implement ways to encourage and increase recycling behaviour. We may also use this information to provide you with recycling reminders, offer incentives, rewards or other benefits, or provide you with personalized reports.
Other general purposes (e.g. internal or market research, analytic, security) . In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal or market research and measuring the effectiveness of advertising campaigns. We also use your Personal Data to ensure our security.
Legal reasons or merger/acquisition . In the event that EVS or its assets are acquired by, or merged with, another company including through bankruptcy, we will share your Personal Data with any of our legal successors. We will also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.
In addition to the EVS Pro entities or ad-hoc in-country partners (in charge of EVS operations) mentioned in the data controllers & contact section (see Section 11), We share you Personal Data with the following types of third party organization:
Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, Recyclers, payment processing, fraud detection and identity verification, website operation, data hosting, market research companies, support services, promotions, website development, data analysis, CRC, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they’ve been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure. Where required by applicable law, you can obtain a list of the providers processing your Personal Data (see Section 11 to contact Us).
Credit reporting agencies/debt collectors . To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.
Third party companies using Personal Data for their own marketing purposes . Except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes. Their identity will be disclosed at the time your consent is sought.
Third party recipients using Personal Data for legal reasons or due to merger/acquisition . We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger (see Section 4 for details)
In accordance with applicable laws, We will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 4 above) or to comply with applicable legal requirements.
Personal data used to provide you with a personalized experience (see Section 4 above for details) will be kept for a duration permitted by applicable laws
We use a variety of reasonable measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as third party social networks.
People who can access your Personal Data . Your Personal Data will be processed by our authorized staff or agents, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of customer care matters will have access to your customer record).
Measures taken in operating environments . We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorized access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal Data, We cannot guarantee the security of the data during transmission through our Websites/apps.
Transfer of your Personal Data . The storage as well as the processing of your Personal Data as described above require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence. Where permitted by law, by accepting the terms of this Notice, you agree to such transferring, transmission, storing and/or processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.
Access to Personal Data . Where provided by law, you, your successors, representatives and/or proxies have the right to access, review and request a physical or electronic copy of information held about you. You also have the right to request information on the source of your Personal Data.
These rights can be exercised by writing to us at EVS Canada, 339 Railway Street, Vancouver, BC, V6A1A4, Canada, attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.
Additional rights (e.g. modification, deletion of Personal Data ) . Where provided by law, you, your successors, representatives and/or proxies can (i) request deletion, the portability, correction or revision of your Personal Data; (ii) oppose the data processing; (iii) limit the use and disclosure of your Personal Data; and (iv) revoke consent to any of our data processing activities.
Please note that, in certain circumstances, We will not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.
We hope that We can satisfy queries you may have about the way we process your Personal Data. However, if you have unresolved concerns you also have the right to complain to competent data protection authorities.
We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:
Cookies/Similar Technologies. You manage your consent via (i) our consent management solution or (ii) your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used. Please see Section 3 above.
Advertising, marketing and promotions . If you wish to have your Personal Data used by EVS to promote its products or services, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To opt-out of marketing communications sent by any medium, including third party social networks, you can opt-out at any time by logging into the Websites/apps or third party social networks and adjusting your user preferences in your account profile by unchecking the relevant boxes. Please note that, even if you opt-out from receiving marketing communications, you will still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important non marketing related announcements.
Recycling Pilot Project. If you registered for our Recycling Pilot Project, you may opt-out at any time by contacting us as described below.
If We change the way We handle your Personal Data, We will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.
To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact Us at: EVS Canada, 339 Railway Street, Vancouver, BC, Canada, V6A1A4, or call our number at 1-888-577-8513.
We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).
© 2019 EVS Canada. All rights reserved.