Privacy and Legal Policies

Introduction
Thank you for visiting a website owned and operated by H.J. Heinz Company of Canada LP ("Heinz"). This website was created to be informative, useful, educational and fun. To ensure that your personal information is secure and that you understand that even the friendliest websites have rules to follow, Heinz has compiled everything you should need to feel safe in exploring Heinz's website responsibly in this part of the website. We have organized the information into the following sections: Terms of Use, Privacy Policy, including Children's Privacy Policy, and Security Statement. You can also find our Contact Information below to use if you have a question, comment or concern about Heinz's website and policies.

Terms of Use
These Terms of Use ("Agreement") set out the terms and conditions that apply to your use of this website. BY USING THIS WEBSITE OR DOWNLOADING MATERIALS FROM THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree with any of these terms, do not use this website. Heinz reserves the right to make changes to this Agreement from time to time at its sole discretion without any notice. Your continued use of this website constitutes your acceptance of any such changes so we encourage you to review this part of the website whenever you use our website. Heinz retains the right to deny access to its website to anyone at its sole discretion for any reason, including violation of this Agreement. You agree not to use this website for any unlawful purpose.

Intellectual Property
You acknowledge and agree that all content and material on this website, including without limitation, text and images, is protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights. Except as expressly authorized by Heinz, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.

We permit you to print or download one copy of the materials or content on this website on any single computer for your personal non-commercial use, provided you keep intact all copyright and other proprietary notices (for example, "Copyright © 2011 H.J. Heinz Company of Canada LP. All rights reserved."). This is a license. It does not give you ownership of any of the materials or content you download, and this license is subject to all of the restrictions set out in this Agreement. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Heinz is prohibited.

In addition, this website contains a number of names, logos, trademarks, service marks and other intellectual property rights which are the property of Heinz. You agree not to use or display publicly these marks without the prior written permission of Heinz. Other trademarks appearing on this website are the property of their respective owners. This website is owned by Heinz and any of the images, text, audio or other comments (basically everything you see, read or hear on this website) is copyrighted by Heinz and may only be used in the manner provided in this Agreement.

You may not frame or utilize framing techniques to enclose any trademark, logo or other information on this website without prior express written permission of Heinz. You may not use any metatags or any other hidden text utilizing Heinz's name or trademarks without the prior written permission of Heinz.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to this website for your personal non-commercial use so long as the link does not portray Heinz, its affiliates or their products or services in a false, misleading, derogatory or otherwise objectionable manner. You may not use any Heinz logo or other proprietary graphic or trademark as part of the link without prior written permission of Heinz.

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HEINZ EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY, REPRESENTATION OR IMPLIED CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.

HEINZ DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, AND THERE IS NO IMPLIED CONDITION, THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, COMPLETE, SECURE, ERROR- OR VIRUS-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. HEINZ DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, AND THERE IS NO IMPLIED CONDITION, REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE OR THE QUALITY OF ANY PRODUCTS, SERVICES, WEBSITES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE OR AS A RESULT OF THIS WEBSITE.

Dated Material Disclaimer
The passage of time can render information contained in, or linked to, this website stale. You should consider the dates of issuance of all items and information contained in, or linked to, this website. You agree that Heinz is not responsible or liable for any misimpressions that may result from the reading of dated material. Heinz does not undertake any duty to update, supplement, correct, comment on or modify any information contained on this website or any website to which it is linked.

Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HEINZ, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES ARISING OUT OF YOUR USE OF THIS WEBSITE OR THE INFORMATION IT CONTAINS OR YOUR INABILITY TO USE THIS WEBSITE OR THE INFORMATION IT CONTAINS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED AT LAW OR IN EQUITY, OR WHETHER ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY OR BASIS EVEN IF HEINZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE ABOVE LIMITATIONS ARE VOID OR UNENFORCEABLE UNDER GOVERNING LAW, HEINZ'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification
Upon request by Heinz, you agree to defend, indemnify and hold harmless Heinz and its affiliates and their directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including without limitation, expenses and legal fees, that arise from your use of this website. Heinz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Heinz in asserting any available defenses.

Links to Other Websites
We have provided links to other websites that we thought might be of interest to you. If you access any of these linked websites, you may leave this website. You agree that if you visit any linked website, you do so at your own risk. Heinz makes no warranty or representation, and there is no condition, express, implied or statutory, regarding the content on any linked website.

Links do not imply that Heinz sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, copyrighted work or other intellectual property displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo, copyrighted work or other intellectual property of Heinz. You agree that Heinz is not responsible or liable for the availability of, or content on, other websites or for supplementing, updating or correcting information contained on other websites.

International Use
Heinz controls and operates this website from the company's headquarters in Toronto, Ontario, Canada. As a result, Heinz makes no representation that materials on this website are appropriate or available for use in locations outside Canada. Accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website from outside Canada do so on their own initiative and are responsible for compliance with all applicable local laws. You agree not to use this website in a way that may result in a breach of any applicable local law.

Use of Communications
Any communications or information you transmit to or through this website will be treated in accordance with this Agreement and our Privacy Policy. Our Privacy Policy forms part of this Agreement and applies to the collection, use and disclosure of personal information. In general, any communications or information you transmit to or through this website should not be considered by you to be confidential or proprietary. While we welcome your comments and feedback (through e-mail or regular mail) with respect to this website or any of our products, we are not seeking and do not review any unsolicited ideas, suggestions or materials related to the development, design, manufacture or marketing of our products. We have been in business for over 140 years and have discovered that most ideas have either been thought of already or we currently have employees working on the same or similar ideas.

This policy is intended to avoid confusion about the ownership of new ideas and concepts and to help protect you. By sending us any proposed ideas or other such information, you agree to transfer to Heinz all of your rights and interests in such proposed intellectual property, ideas and information. You further agree that Heinz is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Heinz.

Other Terms and Conditions
These Terms of Use, and the agreement they create, will be interpreted in accordance with and governed by the laws of the province of Ontario and the federal laws of Canada that apply in the province of Ontario. You agree and hereby submit to the sole and exclusive jurisdiction and venue of the courts of the province of Ontario in the city of Toronto with respect to any claims, demands, causes of action or other legal proceedings arising out of or related to these Terms of Use or your use of this website.

If any provision of this Agreement is invalid or unenforceable, that the provision will be deemed not to be in this Agreement and the remaining provisions contained in this Agreement will continue in full force and effect.

This Agreement constitutes the entire agreement between you and Heinz regarding your use of this website. No advice or information, whether oral or written, obtained by you from Heinz will alter the terms of this Agreement. You should check, however, our Privacy Policy for additional terms that form part of this Agreement.

You agree that failure by Heinz to enforce or exercise any provision of this Agreement or exercise any of its rights under this Agreement will not constitute a waiver of that right or provision.

Privacy Policy
Diana® is a member of the Heinz group of companies (collectively referred to in this Privacy Policy as “Heinz”, “we” or “our”). Any information you provide to Heinz may be used by other members of the Heinz group of companies as described in this Privacy Policy.

Heinz is sensitive to the privacy concerns of our customers, including the visitors to our websites, and recognizes that you are concerned about the information you provide us and how we treat that information. We developed a Privacy Policy to address your concerns and explain certain choices you can make about the manner in which your personal information is collected and used at our websites and otherwise. Because many of our visitors are children, we take special care to ensure that our content is appropriate for children and we take special steps to help protect their privacy.

Heinz has developed its Privacy Policy to reflect the policies of the Grocery Manufacturers of America ("GMA") and the Food & Consumer Products of Canada (“FCPC”). Heinz is proud to be a member of the GMA and FCPC, the world's largest associations of food, beverage and consumer product companies. These associations lead efforts to increase productivity, efficiency and growth in the food, beverage and consumer products industry.

GMA/FCPC and its member companies respect the privacy concerns of consumers and implement policies that address those concerns. As a member, we join GMA/FCPC in its support of the following key principles:
1. Consumers have the right to be informed when personally identifiable information is collected and exercise choice over the use of their information.
2. Companies should establish privacy policies that address the collection, use and disclosure of personally identifiable information, implement internal procedures to comply with the policies and maintain the ability to measure and enforce compliance.
3. Policies and practices governing personally identifiable information should be tailored to the nature of the personal data being collected, with the most sensitive personal information being afforded the highest level of protection.
4. A business environment that promotes interactive commerce and the ability to gather information economically while respecting consumers' concerns about privacy will generate the greatest benefit for consumers and allow our industry to compete and flourish.

Information Collected
As a general policy, we have designed our websites and interactions with customers to minimize the amount of personal information collected and request only the information that is required to ensure that visitors and customers can effectively participate in our activities and events. No personal information is collected from visitors to our websites unless you provide it to us voluntarily and knowingly.

At some Heinz websites, you can order products, gift items, enter contests, subscribe to services or otherwise respond to certain offers and opportunities. In order to accomplish this, it may be necessary for you to voluntarily provide some of the following types of personally identifiable information: name, address, e-mail address, telephone number, fax number, credit card information and information about your interest in and use of various products, programs and services.

At certain Heinz websites, you can request that items, products or information be sent directly to other recipients. It may be necessary for you to provide their name, address, e-mail address and telephone number. You may not provide this information to us unless you have the recipients’ consent to do so. By providing this information to us, you represent that you have obtained their consent to do so.

If you order products or gift items, you will be requested to provide credit card information. All personal information received in connection with such orders will be handled in the manner specified in our Security Statement.

We also may collect certain non-personally identifiable information when you visit one of our websites, as part of the standard operation of our server, by using Cookie Technology. This technology does not personally identify you or extract any information from your computer. Rather, Cookie Technology is used to provide an enhanced online experience, to measure and monitor the use of our website and to improve its design and content. The information this technology collects may include: the name of your Internet service provider, the date and time you accessed the website, the Internet address of the website from which you enter our website and where you go after you leave our website. Data that would personally identify you is known only when voluntarily submitted.

How We Use Information
If you voluntarily provide us with any requested personal information, we generally use that personal information for internal purposes only, such as to fulfill your request for our products, items and to provide the services you have requested. In addition, we may use your personal information to communicate directly with you, such as to respond to your inquiries, to inform you when you have won one of our contests, to fulfill a request for an online newsletter or other online subscription service, or, if you have indicated an interest in receiving information from us, to offer you additional information about our other products, programs, services, promotions or offers that we believe may be of interest to you. These communications will include information on how to opt out from receiving further information or services.

Certain of your information may on occasion be combined with our other records to enhance our ability to market those products or services we believe may be of interest to you. We never sell, rent or otherwise share any personal information we obtain with third parties, unless we have notified you at an e-mail address you provided that we intend to do so and we give you the opportunity to decline to have your personal information shared with the third parties. Sometimes we use agents or contractors for processing or fulfillment. Such agents or contractors are required to use your personal information only for purposes of carrying out the services they are performing for Heinz and are bound to safeguard the information transferred to them with measures comparable to the measures we use.

Your personal information may be transferred, disclosed or processed outside of your country. We will ensure that your personal information, no matter where it is located, will only be used and disclosed in accordance with this Privacy Policy.

We may have to disclose personally identifiable information in response to legal requirements under applicable legislation, for example court orders, subpoenas or specific requests from law enforcement agencies.

Only employees, agents and contractors who need your personal information for the purposes set out above will have access to it.

Safeguarding Information
We retain the personal information you provide to us only for as long as it is needed for the purposes set out above. We have put in place appropriate physical, electronic and administrative safeguards to help prevent the unauthorized access, use or disclosure of the personal information we collect. Although we take appropriate measures to safeguard against unauthorized use and disclosure of personal information, we cannot assure you that personally identifiable information that we collect will never be used or disclosed in a manner that is inconsistent with this policy.

Other Websites
Our websites may contain links with other websites whose information and privacy practices are different from ours. Sometimes these websites might conduct contests or promotions that are promoted on our websites. You should consult their privacy policies since these websites are not governed by our policy and may adopt different procedures for handling information.

Children's Privacy Policy
H.J. Heinz Company of Canada LP is especially sensitive to the need to protect the interests of children. This Children's Privacy Policy forms part of our Privacy Policy, which you should also read.

We believe that parents have the ultimate responsibility to supervise their children's online activities to ensure that children have a safe and rewarding experience. We urge parents to discuss the online release of personal information with their children and we urge children to check with their parents before entering information on any website.

Some portions of our websites are directed in whole or in part to children under 13. When a child under 13 enters a contest or sweepstakes, asks to receive an e-mail newsletter, or requests to participate in other activities or receive other services, it may be necessary for us to ask the child to supply personally identifiable information, such as his or her name, address, e-mail address, telephone number, hobbies and information about his or her interest in, and use of, various products, programs and services. We do not request that the child disclose more information than is reasonably necessary to participate in the activity of interest to the child.

In addition, we also may collect certain non-personally identifiable information when a child visits one of our websites, as part of the standard operation of our server, by using Cookie Technology. This technology does not personally identify a child or extract any information from his or her computer. Rather, Cookie Technology is used to provide an enhanced online experience, to measure and monitor the use of our website and to improve its design and content. The information this technology collects may include: the name of the child's Internet service provider, the date and time the child accessed the website, the Internet address of the website from which the child entered our website and where the child went after leaving our website. Data that would personally identify your child is known only when voluntarily submitted.

Whenever we request personally identifiable information from a child, we will also ask for a parent's e-mail address so that we can notify the parent that we have received personal information from the child. We then give the parent the option to consent to or withdraw the entry or request and remove the child's information from the database. If the parent permits the entry or participation, we will not use the personal information for any purpose other than completion of the promotion or participation in the activity and we will contact the parent if the child wins and we need any additional personal information for prize delivery. We do not share a child's information with third parties (other than agents or contractors necessary for fulfillment services) unless we have explicitly said so in the notice to the parent, and described with whom and for what purpose we would share such information. We will delete the child's information and the parent’s information from our database within a reasonable time after the conclusion of these promotions, unless the parent has given us permission to retain the information in our records.

We might permit a child to send us an e-mail. We will respond to such e-mails, but we do not store the names, addresses or e-mails themselves in our databases, nor do we share them with third parties (other than for fulfillment services).

Upon proper identification, any parent can review any personal information we have collected from his or her children, if we are still maintaining the information in our database, by following the procedures outlined in the Access to Information section below.

Heinz does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under the age of majority in the place where you live, you may use this website to purchase Heinz products only with the involvement of a parent or guardian.

Access to Information
Please contact us using the Contact Information below if you have comments or concerns regarding our policies or practices. In addition, you may contact us at that address or e-mail address if you want to do any of the following:

  • access the personally identifiable information this Heinz website has collected about you or your child,
  • correct factual errors in such information or otherwise update it,
  • request to have this information deleted, or
  • request that we no longer use or disclose such information.

Please be sure to include your e-mail address or mailing address, and a telephone number, where we can reach you. We will take reasonable steps to verify your identity before granting you access to the personal information that we collect and maintain about you or your child.

Order Forms
When you request certain Heinz products or services from us, we will request information from you on a registration or order form. Here you must provide contact information (such as name and shipping address) and financial information (such as credit card number and expiration date). This information is used for billing purposes and to fill your order. If we have trouble processing your order, we may use your contact information to get in touch with you.

When our order form asks you to enter sensitive information, such as a credit card number, that information is encrypted using a Secure Sockets Layer ("SSL") encryption software. The Netscape® Navigator and the Microsoft® Internet Explorer browsers have built-in security features to prevent you from unwittingly submitting personal information over non-secure channels. While on a secure web page, such as our order form, the lock icon at the bottom of your browser, such as Netscape® Navigator or Microsoft® Internet Explorer, becomes locked, as opposed to un-locked or open when you are just exploring the Internet. The URL, or Internet address, in the "Address" or "Location" window near the top of your screen also displays "https://" at the beginning, instead of "http://".

Our e-commerce servers also use digital certificates issued by VeriSign®, a leading certificate authority, so you can verify and be confident that you are visiting a Heinz website and not an imposter. If you try submitting information to a website without a digital certificate, your browser such as Netscape® Navigator or Microsoft® Internet Explorer will by default show a warning.

While we use encryption software and digital certificates to protect your sensitive information online, we also take appropriate measures to protect your information off-line. All of your information, not just the sensitive information mentioned above, is restricted to our offices and agents. Only individuals who need the information to perform a specific job (for example, billing clerks or customer service representatives) are granted access to your personally identifiable information. Our employees and agents are periodically notified and/or reminded about the importance we place on privacy and what they can do to ensure that your information is protected. Finally, the servers where we store personally identifiable information are kept in a secure locked environment.

Confirmation of an Online Transaction
Heinz provides you with the opportunity to:

  • confirm the goods or services you intend to purchase at the disclosed price;
  • see all associated costs imposed and collected;
  • see the means of payment you chose;
  • identify and correct or modify the order before final submission; and
  • make an affirmative decision to complete the online purchase prior to consummation of the transaction.

Retention of Information
If you do not consummate a transaction, Heinz will not retain any personally identifiable, transactional or financial information provided by you during the transaction.

Confirmation of the Sale
Heinz will provide you with a confirmation of sale transaction either at the time of the transaction or thereafter via e-mail. This e-mail confirmation will include contact information to allow you to obtain the status of your order until it is fulfilled and will be formatted so you can print it.

Dispute Resolution
If you are not satisfied with a purchase from a Heinz website, and we fail to resolve your dispute to your satisfaction, we offer a money-back guarantee.