Welcome! DS Services of America, Inc. and its affiliates are a national direct-to-consumer provider of bottled water, office coffee and water filtration services via a full portfolio of great American brands, such as Alhambra^®, Deep Rock^®, Belmont Springs^®, Crystal Springs^®, Hinckley Springs^®, Kentwood Springs^®, Mount Olympus^®, Sparkletts^®, Sparkletts^® Sparkling Water, Sierra Springs^®, Athena^®, Nursery_®, Standard Coffee^®, Javarama^® and Relyant^®. We also produce and distribute bottles of various sizes and shapes through our PolyCycle Solutions_^™ brand. DS Services of America, Inc., its brands and affiliates are collectively referred to in these Terms of Use as “DS Services“, “we“, “us” or “our“. These Terms of Use are important and affect your legal rights, so please read them carefully.

1. Acceptance of Terms of Use

By accessing and using our websites and mobile applications that link to these Terms of Use (collectively, our “Sites”), you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not access our Sites or order, receive or use the products and services made available through the Sites. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms, we will update the “Last Updated” date at the beginning of these Terms of Use. By continuing to access or use the Sites, you confirm your acceptance of the revised Terms of Use. We encourage you to review the Terms of Use frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites.

2. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

3. Eligibility

The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, and (d) have full power and authority to enter into these Terms of Use and in so doing will not violate any other agreement to which you are a party.

4. Registration, Account and Communication Preferences

In order to access and use certain areas or features of the Sites, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account. By creating an account with us, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

5. Online Payments

By accessing, viewing or using our online payment service, you authorize us to establish and maintain your invoices and payment authorizations and process your payments according to your instructions. You also represent and warrant that you are authorized to use the designated payment method. DS Services reserves the right to terminate your access to the online payment service at any time with or without cause or prior notice in our sole discretion. When you send DS Services a payment authorization, you authorize DS Services to charge your transaction account and remit funds on your behalf. DS Services anticipates completing most transactions and posting your payment within two (2) business days of the date you designate. Due to circumstances beyond the control of DS Services, some transactions may take more than two (2) business days to post. Therefore, DS Services should receive payment authorizations at least three (3) business days before the actual payment due date. If you send a payment authorization less than three (3) business days before the payment due date, you may be assessed late charges and penalties by DS Services if your payment does not post prior to the due date. If your financial institution or the holder of the account from which you have designated payment is unable to complete your transaction including, but not limited to, insufficient funds, the transaction may not be completed, and DS Services may charge you for any returned credit/debit card charges. DS Services does not charge you any additional fees for submitting online payments; however, you may incur charges from your financial institution to make these payments.

6. License to Access and Use Our Sites and Content

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein (collectively, “Content”) are the proprietary property of DS Services or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Sites and Content. However, such license is subject to these Terms of Use and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms of Use shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of DS Services or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms of Use, the Sites and Content may include software components provided by DS Services or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

7. Copyrights

The works of authorship contained on the Sites, including, but not limited to, all design, text, graphics, sound recordings, images and logos (collectively “Copyrights”), are owned, except as otherwise expressly stated, by DS Services and are protected by United States and international copyright laws and regulations. In addition, DS Services owns a copyright to the Sites as a collective work or compilation, and in the selection, coordination, enhancement and arrangement of the content of the Sites. Except as otherwise expressly stated herein, the Copyrights may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of DS Services. DS Services does not grant any express or implied rights to you in the Copyrights and enforces its intellectual property rights to the fullest extent of the law. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.

8. Trademarks

“DS Services,” Alhambra^®, Deep Rock^®, Belmont Springs^®, Crystal Springs^®, Hinckley Springs^®, Kentwood Springs^®, Mount Olympus^®, Sparkletts^®, Sierra Springs^®, Athena^®, Nursery_® , Standard Coffee^®, Javarama^®, Relyant^® and PolyCycle Solutions_^™ and any other service names, logos or slogans that may appear on the Sites are trademarks of DS Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing any name, trademark or product or service name of DS Services without our prior written permission. In addition, the look and feel of the Sites, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of DS Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, service names and company names or logos mentioned on the Sites are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by DS Services.

9. Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray DS Services or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DS Services logo or other proprietary graphic of DS Services to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any DS Services trademark, logo or other proprietary information, including the images found on the Sites, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent. Links to non-DS Services websites are provided solely as pointers to information on topics that may be useful to you. DS Services makes no representation or warranty, either expressed or implied, about the content of any non-DS Services website, including but not limited to the accuracy, completeness, reliability or suitability thereof for any particular purpose. Links to non-DS Services websites do not imply that DS Services endorses, or is responsible for, the opinions, ideas, products, information or services offered by the non-DS Services websites.

10. Third Party Content

We may display content, advertisements and promotions from third parties through the Sites (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.

11. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms of Use and will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from such user and DS Services;
• Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
• Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
• Develop any third party applications that interact with User Content or the Sites without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
• Bypass or ignore instructions contained in the robots.txt file that controls all automated access to the Sites; or
• Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Use.

12. Feedback

You can submit questions, comments, suggestions, ideas, original or creative materials or other information about DS Services, the Sites or any of our products or services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of DS Services. DS Services shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13. Site Disruptions

DS Services is not responsible or liable if or when your access to the Site(s) is or becomes delayed, limited, slow or otherwise unavailable due to any reason, including hardware or software failure; overload of system capacities; damage caused by severe weather, earthquakes, hurricanes, natural disasters or other acts of God; wars, insurrections, riots, acts of terrorism; interruption of power or other utility services; strikes or other work stoppages; governmental or regulatory restrictions; court or administrative orders or rulings; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of DS Services. Furthermore, DS Services is not liable for any computer viruses, malicious code or other defect in the Sites or incompatibility among the Sites, files and your browser or other site accessing program.

14. Disclaimer of Warranties

WE ATTEMPT TO DISPLAY OUR PRODUCTS AND SERVICES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND PRODUCT AND SERVICE DESCRIPTIONS, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DS SERVICES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND CONTENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR CONTENT WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER WARRANTY RIGHTS THAT VARY FROM STATE TO STATE. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) at any time without notice. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DS SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR OTHERWISE RELATED TO THESE TERMS OF USE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM DS SERVICES, OR FROM EVENTS BEYOND DS SERVICES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE BLUE APRON PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY OF DS SERVICES FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

16. Modifications to the Sites

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) at any time.

17. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DS SERVICES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

a. Binding Arbitration

You and DS Services each agree to waive our respective rights to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising from or related to these Terms of Use, the Sites or the Content, resolved in a court and by a jury trial. Instead, you and DS Services agree to arbitrate Disputes through binding arbitration as provided in more detail in these Terms of Use. The foregoing waivers shall not apply to any Disputes arising out of or related to a violation of Section 11 or Disputes in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents.

b. No Class Arbitrations, Class Actions or Representative Actions

You and DS Services agree that any Dispute arising out of or related to these Terms of Use, the Sites or the Content is personal to you and DS Services and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and DS Services agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and DS Services agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

c. Federal Arbitration Act

You and DS Services agree that these Terms of Use affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

d. Notice; Informal Dispute Resolution

You and DS Services agree that each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to DS Services shall be sent by certified mail or courier to DS Services of America, Inc., Attn: Legal Department, 2300 Windy Ridge Parkway, Suite 500N, Atlanta, Georgia 30339. Your notice must include (a) your name, postal address, telephone number, account number (if you have one) and an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and DS Services cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or DS Services may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding.

e. Process

EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 11 OR DISPUTES IN WHICH EITHER PARTY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND DS SERVICES AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR DS SERVICES WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND DS SERVICES WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and DS Services agree that (a) any arbitration will occur in Cobb County, Georgia, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Georgia and the United States, respectively, sitting in Cobb County (for state) and Fulton County (for federal), have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

f. Authority of Arbitrator

As limited by the FAA, these Terms of Use and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

g. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms of Use, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

h. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first visit the Sites (and thus accept these Terms of Use) by writing to: DS Services of America, Inc., Attn: Legal Department, 2300 Windy Ridge Parkway, Suite 500N. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.

18. Governing Law and Venue

These Terms of Use and your access to and use of the Sites shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, without regard to conflict of law rules or principles (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration, shall be resolved in the states courts of Cobb County, Georgia or the federal courts of Fulton County, Georgia.

19. Termination of Access

Notwithstanding anything contained in these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites at any time and for any or no reason.

20. Severability

If any term, clause or provision of these Terms of Use is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms of Use.

21. Miscellaneous

These Terms of Use constitute the entire agreement between you and DS Services relating to your access to and use of the Sites. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DS Services. No waiver of any provision of these Terms of Use will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and DS Services’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Issued on December 31, 2019

DS Services of America, Inc. (“DS Services,” “We,” or “Us,”) has developed this Privacy Policy to help you understand what information we collect about you, how we use it, who we share it with, how we protect it, and your rights as relates to its use. This Privacy Policy applies to information collected through:

• Your use of our products and services;
• Transacting via water.com and any other websites, mobile apps, or other online products and services that display or link to this Privacy Policy (collectively, “online environments“);
• Offline services, including our Customer Care Center and door-to-door sales and delivery activities (collectively, “offline environments“); and
• Information shared with us by other sources for our own internal purposes.

As indicated below we have provided additional information about how we collect and share your Personal Information and your rights with respect to your Personal Information. You have the right to request a copy of the information we store about you, inquire as to how we use that information, who we share it with, or to request its deletion when it is no longer subject to regulatory or compliance retention requirements.  This Privacy Policy applies to both our online and offline activities.

If you have any questions or comments about this Privacy Policy or the ways in which DS Services uses the information it collects about you, please do not hesitate to contact us using the information provided in the “Contact Us” section of this Privacy Policy.

WHEN THIS PRIVACY POLICY DOES NOT APPLY

This Privacy Policy does not apply to:

• Websites, mobile apps, or other products and services that have their own privacy policies;
• Websites, mobile apps, or other products and services that do not display or link to this Privacy Policy; or
• Information collected for employment-related or business-to-business related purposes.

If you have any questions as to whether this Privacy Policy applies to you, please do not hesitate to contact us using the information provided in the “Contact Us” section of this Privacy Policy.

INFORMATION WE COLLECT

Personal Information means any information that identifies, relates to, describes, or is capable of being associated with you or your household, whether directly or indirectly. All companies need to collect and share consumers’ Personal Information for everyday business purposes, marketing, and maintenance of the safety, security, and integrity of their websites and other assets, among other reasons.

We collect the information you provide when you:

• Order our products and services or create an account with us;
• Request support or submit an inquiry to our Customer Care Center;
• Sign up to receive information about our products and services;
• Respond to surveys or participate in contests or promotions; or
• Post information to message boards or discussion forums accessible through our online environments.

This information may include:

• Identifiers, such as your real name, alias, postal address, e-mail address, phone numbers, or username;
• Financial information, such as your bank account number, credit or debit card number, or other financial information;
• Transactional information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories, equipment maintenance data to provide on-demand services, contract details, written signatures, or recordings of your calls to our Customer Care Center.

TECHNICAL INFORMATION COLLECTED AUTOMATICALLY

We collect the information provided when you transact through our online environments without you actively submitting such information, such as:

• Identifiers, such as your internet protocol (IP) address and geolocation data
• Network activity data, such as browsing history, search history, and information regarding your individual interactions with an internet website, application, or advertisement

This information can make your use of our online environments easier and more meaningful by allowing us to provide better service, customize our online environments based on your consumer preferences, compile statistics, provide you with more relevant advertisements, analyze trends, and otherwise administer and improve our online environments. For more information, refer to our Cookies Policy.

We may also combine the information we collect through one or more of our online environments with information we collect through other online environments. We may also combine information collected through our online environments with information collected through our offline environments, as well as with information provided by our partners. We use this consolidated information to help us improve our online environments, products, and services; to communicate information to you; to enhance our marketing and research activities; and to engage in any other uses described in the “HOW WE USE THE INFORMATION WE COLLECT” section below.

INFORMATION COLLECTED FROM OUR BUSINESS PARTNERS

Our advertising vendors may share information with us regarding our ads on websites or apps where such ads run.  This enables us to measure and improve those ads by including information such as whether clicks on ads led to purchases, or a list of criteria to use in targeting ads.  We may obtain information from our other partners, such as co-sponsors who we may partner with to run special contests or other co-branded promotions.  We may obtain information from other commercially available sources such as data aggregators, marketing firms, and public databases to provide us with additional information about our existing consumers (this is known as “data appending”).  This information may include name, demographic information, contact information, interests, and publicly observed data such as from social media and shopping behavior.  We may receive information about consumers when we acquire all or part of other companies.  We assess this data to determine how it was collected and what consent was given for its use.

HOW WE USE THE INFORMATION WE COLLECT

We use the information we collect to:

• Manage and fulfill orders, deliver products, process payments, manage returns;
• Respond to requests for information and services; and
• Improve our products and services.

We also use the information we collect in anonymized, aggregated form for customer preference analyses, and to:

• Develop new products and services;
• Develop co-branded partner relationships; and
• Determine how to best protect the data of our company and our consumer.

Identifiers – We may use the information you provide to us to:

• Send you advertisements, notices, and other information regarding our products and services, including notifying you about special promotions;
• Respond to your inquiries or support requests;
• Invite you to participate in surveys regarding our products or services;
• Determine your eligibility for, and to register you in, our contests and other promotions, fulfill and deliver prizes, and contact you regarding such contests or other promotions;
• Furnish and maintain our online environments; and
• Secure our networks and online environments

Financial information – If you make a purchase through our online or offline environments and authorize us to use your credit or debit card information, we will use this information to charge you as authorized. In these situations, we may also save your contact and payment information (using commonly accepted security measures) so that you can use them the next time you want to order something from us.

Transactional information – If you register or open an account with us, the information we collect may be used to maintain your account, provide you with access to some features of our online environments, or offer you the benefits and privileges that typically come along with account registration. This may include purchasing products or services, use of exclusive or personalized content or activities (such as message boards), and participation in special events and promotions (contests, sweepstakes, coupons, etc.).

Technical information – We may also use the information we collect to offer you customized content by:

• Recognizing new or past visitors to our online environments;
• Remembering your personal preferences;
• Showing you more relevant and meaningful advertisements;
• Better understanding the interests of our consumers and visitors to our online environments; and
• Conducting research and analyzing the use of our online environments, products, services, and advertisements.

Some of our applications and mobile-optimized online environments may have location-based features. To deliver these features, we may access and use location data provided by your mobile device. For example, we may offer shopping features that allow you to get information about local merchants. Location information will be collected solely to deliver the requested feature and will not be further retained or stored by us.

SHARING YOUR PERSONAL INFORMATION

WE DO NOT SELL YOUR PERSONAL INFORMATION to third parties.  We may share some or all of your personal information as required or permitted by law and to the following persons or entities:

Vendors and Suppliers – We have relationships with different vendors and suppliers who help us design and maintain our online environments, systems, and computer security, respond to consumer inquiries, fulfill orders, mail invoices, analyze our data, create special promotions, and engage in any other information uses described in this Privacy Policy.

Co-Branding and Co-Marketing – We may partner with other companies to offer you products, services, or content on a joint or “co-branded” or “co-marketed” basis. If we offer products, services, or content in this manner, you will see both our logo and the logo of our partner. To access such products, services, or content, you may be redirected to their website and should then refer to their privacy policy to understand how they use your data.

Legal Requests and Preventing Harm – We will disclose information as reasonably necessary to comply with a law, regulation, or legal request; to protect the safety, rights, or property of the public, any person, or DS Services; or to detect, prevent, or otherwise address fraud, security, or technical issues.

Change of Ownership or Control – We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Privacy Policy.

OTHER IMPORTANT INFORMATION ABOUT OUR RELATIONSHIP WITH THIRD PARTIES

Links to Other Sites – We may feature links to websites that we believe you might find useful and informative. Please be aware, however, that we do not endorse or recommend these sites’ content, products, or services, and we are not responsible for the privacy practices of these other sites. We encourage you to be aware of and read the privacy policy of each site you visit. Remember, this Privacy Policy applies solely to information collected or used by DS Services.

Social Media Plugins – Our online environments may use social media plugins (for example, the Facebook “Like” button or “Share to Twitter” button) to enable you to easily share information with others. When you visit our online environments, the operator of the social plugin can place a cookie on your device, enabling that operator to recognize individuals who have previously visited our online environments. Please view our Cookie Policy for more information about removing cookies. If you are logged into the social media website (for example, Facebook, Twitter, Google+) while browsing on our online environments, the social plugins allow that social media website to receive information that you have visited our online environments. The social plugins also allow the social media website to share information about your activities on our online environments with other users of their social media website. For example, Facebook Social Plugins allow Facebook to show your “Likes” and comments on our online environments to your Facebook friends. Facebook Social Plugins also allow you to see your friends’ Facebook activity on our online environments. We do not control any of the content from the social media plugins. For more information about social plugins from other social media websites, you should refer to those sites’ privacy and data sharing policies.

RIGHTS AND CHOICES YOU HAVE ABOUT YOUR PERSONAL INFORMATION

You have the following rights with respect to your Personal Information:

• Right to Notice. Before or at the time we collect Personal Information from you, you have the right to receive notice of the Personal Information to be collected and the purposes for which we use it. This Notice is intended to satisfy this requirement.
  You also have the right to request that we disclose to you the categories of personal information we have collected about you in the preceding 12 months, along with the categories of sources from which the personal information was collected, the purpose for collecting the personal information, and the categories of third parties with whom we shared the personal information
• Right of Access. You have the right to request that we disclose or provide you with access to the specific pieces of Personal Information we have collected about you in the preceding 12 months.
• Right to Deletion. You have the right to request that we delete the Personal Information we collect from you.  However, in certain situations we are not required to delete your Personal Information, such as when the information is necessary in order to complete the transaction for which the Personal Information was collected, to provide a good or service requested by you, to comply with a legal obligation, to engage in research, to secure our websites or other online services, or to otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.
• Right Not to Be Subject to Discrimination. You have the right to be free from discrimination or retaliation for exercising any of your rights as described above. We may, however, charge a different price or rate, or provide a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to DS Services by your Personal Information. Further, we may offer you financial incentives in return for your Personal Information.
  You can exercise any of your rights by using the information in the “Contact Us” section below.

DS SERVICES DOES NOT SELL YOUR PERSONAL INFORMATION.

VERIFICATION OF YOUR IDENTITY

We value the security and confidentiality of your Personal Information. Therefore, if you exercise your right to notice, right of access, or right to deletion, we must first verify your identity to make sure that you are the person about whom we have collected Personal Information. We verify every request carefully.

You may also authorize someone else to submit these requests on your behalf. To do so, you may designate directly with us another person who may act on your behalf by emailing your request to the address shown below in the “Contact Us” section of this Privacy Policy and providing us with a notarized copy of a power of attorney, or by asking the authorized agent to provide us with a copy of your written permission and a scanned copy of their own government-issued ID.

ALTERNATIVE FORMATS OF THIS PRIVACY POLICY

If you are unable to review or access this Privacy Policy due to a disability, you may contact us at the Customer Care Center or via the other options defined in the “Contact Us” section below to request information in an alternative format.

HOW WE SECURE YOUR INFORMATION

We have instituted physical, technical, and procedural safeguards to store and maintain information we collect in a secure environment. You may also be required to use a password to access certain pages on our online environments where certain types of your information can be changed or deleted. It is therefore important for you to protect against unauthorized access to your password and to your device. You take full responsibility for maintaining the complexity and confidentiality of your password. While we have implemented safeguards, you should be aware that Internet security technology rapidly changes. We cannot guarantee that the safeguards we employ today can protect your information from the threats of tomorrow. You should also be aware that despite our efforts, factors beyond our control may result in disclosure of information. Accordingly, we are not able to guarantee that your information will be secure under all circumstances. We retain Personal Information collected through the online and offline services as long as necessary to provide the services, products, and information you request or as permitted by applicable law.

MESSAGE BOARDS AND DISCUSSION FORUMS

Some of our online environments may allow you to share comments or other information. Any information that you may disclose through message boards, discussion forums, blogs, or on other public areas on our online environments becomes public information.

OUR POLICY ON CHILDREN’S INFORMATION

We do not knowingly collect or use any information from children (we define “children” as minors younger than 16 (sixteen) years of age) on our online or offline environments. We do not knowingly allow children to order our products or services, communicate with us, or use any of our online environments. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue.

INTERNATIONAL TRANSFERS

Our online and offline environments are designed for and targeted to audiences in the United States (“U.S.”) and are governed by and operated in accordance with the laws of the U.S. While users from countries other than the U.S. may access our online and offline environments, we make no representation that such environments are operated in accordance with the laws or regulations of, or governed by, other nations.

Please be aware that by accessing our online and offline environments, or providing us with information, you understand and agree that:

• Information collected from you may be transferred to and stored on servers located outside your jurisdiction;
• To the extent you are a resident of a country other than the U.S., you consent to the transfer of such information to the U.S. for our use in accordance with this Privacy Policy; and
• This Privacy Policy, and the collection and use of information pursuant to this Privacy Policy, shall be governed by and construed in accordance with the laws of the state of Georgia without giving effect to any principles of conflicts of law, with all actions or proceedings arising in connection with this policy to be tried and litigated only in the state courts or federal courts located in Cobb County, Georgia.

Providing us with information or continuing to use our online or offline environments indicates that you are agreeing to the collection, use, disclosure, management, and storage of information collected from you as described in this Privacy Policy.

LOOKBACK DISCLOSURE

The categories of personal information and their collection, use, and disclosure in the preceding twelve (12) months are the same as those defined in this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to amend this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes, and good business practices. If we change our privacy practices, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth at the top of this Privacy Policy.

CONTACT US

If you have any questions or comments about this Privacy Policy or the ways in which we use information subject to this policy, please do not hesitate to contact us by:

• Clicking on the “Contact Us” link on the online environment you are visiting;
• E-mailing our Customer Care Center at customerservice@dsservices.com;
• Calling our Customer Care Center at 1-800-728-5508; or
• Writing to us at DS Services, Attention Data Privacy Team, 200 Eagles Landing Boulevard, Lakeland, Florida 33810.