PLEASE CAREFULLY READ THIS AGREEMENT BEFORE ACCESSING OR USING THIS CO-OP ONLINE SHOPPING WEBSITE VIA WWW.BUILD.CRS (“SITE”). BY ACCESSING AND USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY OTHER TERMS OF USE, POLICIES OR DOCUMENTS REFERRED TO HEREIN. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
Introduction
The following terms and conditions (“Terms and Conditions”) constitute a legal agreement between you and Federated Co-operatives Limited (“FCL”). Your access and use of this Site constitutes your acceptance of and agreement to comply with the following Terms and Conditions which FCL may change from time to time without notice. If you are accessing this Site on behalf of an organization you are accepting this Agreement for that organization and are representing that you have the authority to bind that organization to this Agreement. If the Terms and Conditions of this Agreement are updated or amended, FCL will publish the amended version on this Site. It is your responsibility to revisit the location of the Terms and Conditions on the Site periodically check for such updates as they will be binding on you. The last revision date for these Terms and Conditions is July 31, 2020.
For clarity, these Terms and Conditions relate to your access and use of this Site only, and do not replace or modify any other agreement that you may have with FCL or an FCL member retail co-operative (each a “Retail Co-op”).
1. Site and Use
This Site and all of its Content is provided for your use by FCL and FCL grants to you a limited, revocable, personal, non sub-licensable, non-transferable, non-exclusive right to access and use the Site in accordance with these Terms and Conditions and all applicable local, provincial, and federal laws, rules and regulations.
You agree not to use this Site for any purpose except for purposes related to online shopping services and not for resale or to provide services to any third parties. You acknowledge that you are solely responsible for any and all activities and transactions that occur through your access and use of the Site.
You may download, copy and print selected portions of the Content and other downloadable material on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on this Site or in the Content. “Content”, unless otherwise noted, refers to all images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written or other materials that are part of this Site. Any other use of Content not expressly authorized herein is strictly prohibited.
FCL reserves the right to terminate your access to this Site for any reason, including where FCL believes that your conduct violates applicable laws, is contrary to these Terms and Conditions, disrupts FCL’s or its Retail Co-op’s normal business activities or is harmful to the interests of FCL or its Retail Co-ops .
2. Sale of Products and Services
The sale of products and services on this Site may be subject to additional terms that will be made available to you when you place your order. All prices listed are in Canadian dollars and all charges will be processed in Canadian dollars.
Note that the price of some the products and services displayed online are based on the Retail Co-op location you selected and prices may vary by Retail Co-op. Products listed on this Site may not be available at all times for purchase at a participating Retail Co-op location. FCL, and each of its Retail Co-ops, reserve the right to correct, at any time, any pricing errors. While this Site is updated regularly, prices, selection and availability may vary by Retail Co-op location and are subject to change without notice. FCL, and each of its Retail Co-ops reserve the right to refuse service, limit purchase and purchase quantities for any reason, and cancel orders at its sole discretion. You agree to pay the price for products and services selected as shown in the shopping cart. Visit or call your local Retail Co-op for current information on pricing and availability.
FCL and/or its Retail Co-ops may provide information and resources on this Site for your general information only, which may include, without limitation, product suggestions and substitutions. Because various aspects of products and information can change at any time, it remains your sole responsibility to always read and follow the labels and instructions that accompany any products or services you use or purchase from a Retail Co-op or using the Site. You should carefully read all information provided by the manufacturer of the product, including the product packaging and labels before using the product. FCL and Retail Co-ops, assume no responsibility for any injury, damage or other consequence caused by or otherwise related (directly or indirectly) to any action or inaction you take based on the product suggestions/substitutions, or any other information and resources available on this Site.
The Retail Co-op location at which your order is placed will use commercially reasonable efforts to prepare your order within the time chosen by you. However, the Retail Co-op is not responsible for delays beyond its control.
3. Third Party Materials
This Site may display, include or make available additional content, which includes, but is not limited to, data, websites, information, or materials from third parties (“Third Party Materials”). Further, “Third Party Product Information” which includes product descriptions, representation, warranties, guarantees, performance claims and other product or service information may also be provided on this Site. By using this Site, you acknowledge and agree that FCL and its Retail Co-ops are not responsible for the accuracy, completeness, validity, copyright compliance, legality, decency, quality or any aspect of the Third Party Materials or Third Party Product Information. You acknowledge that your use of or reliance on any Third Party Materials or Third Party Product Information is at your own risk. No endorsement of or affiliation with any third party materials, products or services is expressed or implied by any information, material or content referred to, included on, or linked from or to this Site. Third Party Materials and Third Party Product Information is provided solely as a convenience to you.
4. No Warranty
You use this Site at your own risk. Information provided on the Site is provided “as-is”. FCL does not guarantee the quality, accuracy, completeness or timeliness of the information provided. If you find that a product that you purchased is not as described, your sole remedy is to return the product to the Retail Co-op location from which the product was ordered in accordance with that Retail Co-op’s return policy.
FCL assumes no obligation to update the Site. Information contained on the Site may be deemed offensive, may contain errors and may be changed without notice. Access to this Site is provided on an “as is” basis. You should not assume that the Site will be error-free or that the Site will operate without interruption. FCL is not responsible for any content or information that you may find undesirable or objectionable.
FCL disclaims all express, implied, or statutory warranties, representations and conditions of any kind with respect to the Site, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, accuracy, quiet enjoyment, or warranties arising from a course of dealing, usage or trade practice.
Further, FCL and its Retail Co-ops disclaim all warranties, representations and conditions regarding use of the services offered on the Site. Neither FCL, nor its retail Co-ops, are responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of, related to or in connections with the use or availability of the Site, products or services, whether such action is in contract, tort (including negligence) or other tortious action.
5. Site Modifications
FCL reserves the right, in its sole discretion to modify, suspend or discontinue any part of the Site at any time, without notice to you or any third party. FCL also reserves the right, in its sole discretion, to impose limits on certain Site features, functions and offerings.
6. No Liability
Without limiting the generality of any other limitation or liability stated herein, FCL and the Retail Co-ops are not responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site, Third Party Materials, or Third Party Product Information or in reliance on the information available on the Site, the Third Party Materials or Third Party Product Information, including any loss of use, lost data, lost business profits, business interruption, personal injury or any other pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action. FCL disclaims any liability for unauthorized use or reproduction of any portion of the Site.
7. No Solicitation
No part of this Site or information, including product offerings or suggestions, should be taken to constitute an offer or solicitation to buy or sell products. Certain products and/or services may only be available in certain areas or jurisdictions and only at participating Retail Co-ops. Products on the Site are made available in accordance with local law and only where they may be lawfully offered for sale.
8. Privacy
This Site collects information based on visitor’s Internet Protocol (IP) address and location if enabled. Information collected also includes a timestamp of every communication, the mobile device make and model and the operating system/version of the device that is used to access the Site. This data is used to provide localized content, create statistics on Site usage and to improve services.
If you choose to order products and services from a Retail Co-op using this Site, you will be asked to provide your name, email address, cell phone number and co-op membership number.
The personal information that you provide is necessarily required for the complete functioning of this Site. Any personal information collected, used or disclosed may be used by FCL in the resolution of any issues that arise from the usage of this Site. Further, FCL will share the required personal information with those of its participating Retail Co-ops that require the information to facilitate your order. Any personal information collected, used or disclosed by FCL is subject to FCL’s policy related to the protection of personal information which can be found below.
9. Viruses
While every effort is made to ensure that all Content and information provided on the Site does not contain viruses, you should take reasonable and appropriate precautions to scan for viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your device. You must follow the recommendations of your IT professional to protect against any malware or virus.
10. Trade-marks and Copyright
The Content displayed on this Site is owned by or licensed to FCL, and FCL shall retain any and all ownership and intellectual property rights in the Site. The Site is protected by copyright, trade-mark, intellectual property and other law. You must comply with all such laws and applicable copyright, trade-mark or other legal notices or restrictions. Except as expressly stated herein, nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any trade-mark displayed on this Site without the prior written permission of FCL. Any unauthorized downloading, retransmission or other copying or modification of trade-marks and/or the contents herein may be a violation of federal or common law, trade-mark and/or copyright laws and could subject the copier to legal action.
11. Conformance with Law
You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law.
12. Choice of Law
The laws of the Province of Saskatchewan shall govern as to the interpretation, validity and effect of this Agreement without application of any principles of conflict of laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Saskatchewan in any action or proceeding instituted under or related to this Site.
Privacy and Data Use Policy – FCL Co-op Online Shopping Website
Last updated July 31, 2020
This Privacy & Data Use Policy contains information regarding FCL’s practices with respect to the collection, use, retention, storage and disclosure of Personal Information.
The following defined terms are used within this Policy:
“Affiliates” means all subsidiaries or affiliates of FCL
“FCL” means Federated Co-operatives Limited.
“Personal Information” means information about an identifiable individual. This includes information such as an individual’s name, home address, telephone number, personal e-mail address, and personal Twitter or other social media address. Personal Information also includes demographic information such as an individual’s gender, age, nationality and other characteristics when that information could be combined with other Personal Information. Personal Information may also include information regarding an individual’s product interests, purchasing history and financial information. In some cases, information that appears to be anonymous may be Personal Information if it can be easily linked to an individual to create a profile about that person. An individual’s business address, title, and business telephone number are not Personal Information when used for business purposes.
“Policy” means this Privacy & Data Use Policy.
“Retail Member” – means the independent retail co-operatives that are member owners of FCL.
“Service Providers” means other companies and individuals who provide FCL with services but who are not employees, Retail Members or Affiliates of FCL.
“Site” means the following website: www.build.crs
“User” means an identifiable individual who provides Personal Information to FCL through the Site or otherwise.
“Terms and Conditions” means the Terms and Conditions associated with the use of the Site, as amended from time to time.
FCL may update this Policy without prior notice, and any changes will be effective immediately upon the posting of the revised Policy on the Site.
1. Application of this Policy
This Policy applies to Personal Information that FCL collects through the Site and when users contact FCL. It does not apply to other websites and social media (for example, Twitter, Facebook, and YouTube) operated by FCL’s Retail Members or when an individual contacts one of FCL’s Retail Members. To review the privacy policies applicable to FCL’s Retail Members, please visit the website of the applicable Retail Member.
Please read this Policy and the Terms & Conditions carefully. By using FCL’s Site, users are agreeing that they understand the terms of this Policy and the Terms and Conditions.
2. Information FCL collects
FCL collects information when users provide it to FCL. FCL also collects information about users through automated technologies on FCL’s Site and from third parties. When FCL links information to users that was collected through automated technology, FCL treats that information as Personal Information.
A. Information that users provide
FCL, its Affiliates and Service Providers collect Personal Information from users when users provide it. For example, a user might provide FCL with their Personal Information when they e-mail FCL, telephone FCL, sign up for an e-mail newsletter, submit comments, submit a resume or job application, participate in a promotion, survey or other feature of the Site, communicate or interact with FCL through FCL’s Site or a social media site such as Facebook or Twitter. If users do not want their Personal Information collected by FCL, they should not submit it.
B. Automated information and cookies
When users visit, use or otherwise interact with the Site, FCL, its Affiliates or Service Providers may use technologies that automatically collect information about how a user accesses, navigates and leaves the FCL Site. For example, FCL, its Affiliates or its Service Providers will collect information on what other website the user came to before visiting the Site, what browser type and operating system the user is using, the Internet protocol (IP) address the user is accessing the Site from, the pages the user is navigating through and what website the user goes to after visiting FCL’s Site. In general, FCL does not associate this type of information with other Personal Information about a user except in the case of an investigation into FCL’s website security.
FCL’s Site may also use cookies. Cookies are data files that are placed on the device a user utilizes to access FCL’s Site. These cookies are used to remember a user’s language preference and to facilitate a user’s navigation of FCL’s Site. FCL may also use technologies such as web beacon technologies (sometimes referred to as pixel tags and clear GIFs). These are transparent images that provide FCL, its Affiliates or its Service Providers with information about whether a page or e-mail has been viewed or forwarded and may communicate with servers of FCL, its Affiliates, or its Service Providers in order to obtain images and other content and to relay information about the IP address being used to access FCL’s Site and information about a user’s browser. FCL may use cookies and web beacons to present advertisements to users that FCL thinks may be of interest to a user. Although the information FCL collects through cookies and web beacons is typically not combined with information that would identify a user, there is the potential for this information to be associated with a user and, therefore, FCL treats it as Personal Information.
Users should reference Cookies, advertising and how to opt-out for more information on how FCL uses cookies and web beacons and how users may opt-out.
C. Information from third parties
FCL may collect or receive information about a user from third parties. For example, if a user is on another website, including FCL’s Retail Members websites and social media sites operated by or for FCL’s Retail Members, and a user opts-in to receive information from FCL, FCL may receive information about a user.
3. Children and Minors
The Site is not directed to or suitable for children under 13. FCL does not knowingly collect Personal Information from anyone under 13 years of age. If FCL becomes aware that FCL has unknowingly collected personally identifiable information from a child under the age of 13, FCL will delete this information from FCL’s records or, if that is not reasonable, FCL will take reasonable available steps to de-identify the information. Children who are over the age of 13 but under the age of majority in the jurisdiction in which they reside should not provide FCL with Personal Information without their parent’s or guardian’s consent.
4. Uses of the information FCL collects
FCL uses information collected from a user for business purposes. For example, FCL uses Personal Information:
• to respond to a user’s inquiries and provide a user with information, such as information on Retail Members;
• to register a user for FCL programs
• to assist in optimizing a user’s experience with FCL by collecting information regarding a user’s product preferences and purchasing history;
• to assist with any consumer safety notifications;
• to monitor product quality and to communicate with users about the quality of FCL’s products;
• to provide users with newsletters and other advertising;
• to provide users with features on FCL’s Site, such as community forums or interactive features; to identify participants in contests and promotions; and
• to process purchases and facilitate orders.
In addition, FCL uses information in order to learn about FCL’s customers in order to improve FCL’s Site and to develop new products and services. For example, FCL uses information received from automated technologies to determine how many visitors visit areas of FCL’s Site, how long they remain on FCL’s Site, and whether they use the hyperlinks FCL provides. Users may also reference Cookies, advertising and how to opt-out for more information on how FCL uses cookies and web beacons and how users may opt-out.
5. How FCL obtains consent
Users consent to the collection, storage and use of their Personal Information when they provide it to FCL or they provide it to a third party and give the third party permission to send that information to FCL. The purposes for the collection of Personal Information that users provide to FCL are usually stated or implicit in the context in which a user gives it to FCL or a third party acting on FCL’s behalf. If FCL wants to make additional uses of a user’s Personal Information, FCL will ask the user for their express consent. For example, if a user provides FCL with their e-mail address so that FCL can provide the user with a newsletter, FCL obtains the user’s implied consent to use the user’s e-mail address for providing the user with FCL’s newsletters. If a user provides FCL with their e-mail address when they make an inquiry, FCL obtains their implied consent to use it for the purposes of responding to their inquiry. FCL may ask the user for their opt-in consent to use their e-mail for other purposes.
FCL uses opt-out consent for cookies and web beacons and other automated information. If a user does not want FCL to collect or use this information, they should not visit FCL’s Site. In addition, a user may opt-out by using browser settings that will not accept cookies or setting their e-mail application to not download images. In addition, users may opt-out of certain on-line advertising. Users may reference Cookies, advertising and how to opt-out for more information.
6. How FCL shares information
FCL may share information that it collects about users in the following circumstances:
A. Affiliates and Service Providers providing services to FCL or on FCL’s behalf
FCL’s Affiliates and Service Providers provide services to FCL and may provide services to users on FCL’s behalf. FCL may share a user’s Personal Information or information that FCL has collected through automated means on FCL’s Site with FCL’s Affiliates and Service Providers. For example, FCL’s Affiliates and Service Providers may host FCL’s Site, analyze data collected from FCL’s Site, provide customer service on FCL’s behalf, provide and manage social media sites on FCL’s behalf, administer FCL’s promotions, provide marketing or promotional assistance, post FCL’s advertisements, and collect user’s feedback on FCL’s Site and advertisements.
B. Aggregated or de-identified information
FCL does not sell or rent user’s Personal Information to third parties. However, FCL may share information in aggregated statistics and de-identified form with third parties without a user’s consent.
C. When a user specifically agrees to FCL sharing their information
In some situations, a user may specifically agree to FCL sharing their information. For example, if a user provides FCL with their contact information, e-mail address, Facebook account, or Twitter account for the purposes of signing up for information or marketing offers from an Affiliate or third party, FCL may share their Personal Information for that purpose. A user’s Personal Information will be subject to the privacy policy and business practices of FCL’s Affiliate or third party.
D. Business Mergers or Acquisitions
FCL may sell or purchase assets. If another entity acquires FCL, or all or a portion of FCL’s assets, information that FCL collected from users may be shared with that entity. The information will be shared for the purpose of that entity considering whether to enter into the transaction and also to complete the transaction. Should such a sale or transfer occur, FCL will use reasonable efforts to direct that entity to use the user’s information in a manner that is consistent with this Policy and the purposes for which the information was originally collected. Also, if any bankruptcy or reorganization proceeding is brought by or against FCL, a user’s information may be considered an asset of FCL’s and as such may be sold or transferred to third parties in those proceedings.
E. Other legally required or permitted disclosures
FCL may also disclose the Personal Information of users in the following circumstances: (a) if such disclosure is necessary for FCL to receive legal advice; (b) to collect a debt from a user; (c) if FCL is required to disclose a user’s Personal Information in order to comply with any legal obligation or the decision of a judicial authority; (d) if disclosure is requested by an investigatory body, law enforcement official or governmental authority which has lawful authority to request the disclosure of the information in respect of an investigation; (e) if FCL has reasonable grounds to believe that the information relates to a breach of an agreement or contravention of a law; or (f) where FCL is otherwise permitted to do so by applicable law.
7. How FCL stores and protects Personal Information
FCL retains the Personal Information of users to fulfill the purposes for which it was collected. FCL maintains and also requires its Service Providers to maintain administrative, technical and physical safeguards to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of Personal Information. For example, FCL uses password protection where appropriate and limits access to staff, employees, Affiliates and Service Providers who need to have access to it for the purposes for which it was collected and who have acknowledged their obligations to protect the Personal Information. When FCL transfers Personal Information, FCL uses encryption where appropriate. FCL cannot, however, guarantee the security of Personal Information held or transferred by it.
If a user is located in Canada, they should be aware that information FCL collects may be transferred to and processed in the United States and other countries in which FCL Service Providers have operations. Although FCL requires Personal Information being handled by its Service Providers to be protected to comparable levels of security as would be required in Canada, the privacy laws in these other jurisdictions may not be as comprehensive as or equivalent to those in Canada.
8. Links to external content
FCL’s Site may link or direct a user to other websites, services or external content resources which are outside of FCL’s control. Once a user has left FCL’s Site, FCL cannot safeguard and is not responsible for the protection and privacy of any Personal Information which a user provides on other websites. These other websites may send their own cookies to a user’s device and may independently collect data or solicit Personal Information. Please review the applicable terms of use and privacy policies for those other websites.
9. Cookies, advertising and how to opt-out
FCL, or its third-party advertising Service Providers, may use cookies, web beacons and other technologies. FCL uses these technologies to gather statistics about a user’s use of FCL’s Site, whether the user has opened e-mail advertising from FCL and for other marketing purposes, including delivering advertising to the user.
If a user would prefer not to accept cookies, most browsers will allow the user to: (i) change their browser settings to notify the user when they receive a cookie, which lets the user choose whether or not to accept it; (ii) disable existing cookies; or (iii) set their browser to automatically reject any cookies. A user may also set their e-mail options to prevent the automatic downloading of images that may contain technologies that would allow FCL to know whether the user has accessed FCL’s e-mail and performed certain functions with it.
10. Accessing Personal Information
If a user wishes to verify, correct, or update any of their Personal Information collected by FCL or its Service Providers or Affiliates acting on FCL’s behalf and that FCL has received from these Service Providers or Affiliates, the user may do so by contacting FCL at the following address:
privacy@fcl.crs FCL may request Personal Information from the user in order to authenticate the user’s identity before providing the user with access to their Personal Information or complying with any request to correct or update their Personal Information.
Please also note that in some cases FCL may legally deny the user access to the information that FCL has collected about the user. For example, this may occur where the information is subject to solicitor-client privilege or consists of references to other persons or proprietary information that cannot be severed.
FCL may routinely delete certain records that contain Personal Information in accordance with its’ record-keeping practices. Although FCL will make efforts to comply with any request that a user may make to destroy Personal Information about the user that is not otherwise required by FCL to fulfill legal requirements or to protect FCL’s interests, the user should be aware that it is not always possible to completely remove or delete all of the user’s Personal Information from FCL’s databases without some residual copies of data because of backups, archival systems and other reasons. FCL will not, however, continue to use a user’s Personal Information for active purposes once the user has requested FCL not to do so.
11. How to contact FCL
If a user has any questions or comments about this Policy, FCL may be contacted at:
privacy@fcl.crs