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The following text is the user agreement. Please read the entire agreement, then click "Submit" below to agree and to create your new account! If you wish to print the license, or simply view it in a separate window
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TERMS OF USE AND PRIVACY POLICY Welcome to the 1862.org website of Bacardi Limited (“Bacardi”). The aim of this website (“this Site”) is providing to a restricted number of Bacardi group employees and consultants (“Users“) a private platform for sharing information and work tools. Your access to this Site constitutes your acceptance of the present terms of use and of the privacy policy. It is a binding agreement between you as a User and Bacardi. IF YOU DO NOT AGREE PLEASE EXIT IMMEDIATELY. TERMS OF USE 1 CONFIDENTIALITY AND ACCESS Users accessing information provided on this Site must keep all information contained on it confidential, safe and secure as part of their professional duties as Bacardi group employees or consultants. Users shall be responsible for keeping their passwords confidential and secure and shall not disclose their passwords to any other person. Users shall not use other users’ accounts and passwords at any time. This Site is not directed to or intended for individuals younger than 18 years of age and/or younger than the legal drinking age in the country of their domicile and of their access to this Site. Unauthorized individuals attempting to access this Site may be subject to prosecution. 2 MATERIALS AND LEGAL DRINKING AGE As a global player in alcohol beverages, the Bacardi group decided to take a leadership role in marketing its brands in compliance of the applicable laws in both the letter and the spirit. Marketing Social Responsibility compliance is required as part of Bacardi’s sales and marketing activities. Information, ideas, concepts and/or other materials (“Materials”) uploaded on this Site may have been put together for a specific country or countries. Due to the differences in the various legal and regulatory systems across the world, it is possible that some of such Materials including but not limited to reports, studies and analysis may have as their object consumers who are of legal drinking age in some countries but not in others. The collection and production of Materials in various countries does not imply their use in other countries where the drinking ages are different. For example, some Materials for European markets may legitimately have as their object consumers between 18 and 21 years of age, whilst the legal drinking age in the United States is 21; in that event, such Materials for European markets will not be used in the United States. Bacardi group employees and consultants, particularly those dealing with sales and marketing activities, are specifically trained to Marketing Social Responsibility in accordance with the rules applicable in their respective countries. They must not upload onto this Site Materials about individuals who are under the legal drinking age in their country. Similarly, they must not use nor download from this Site any Materials about individuals who are under the legal drinking age in their country. 3 UPLOADING OF MATERIALS Users may submit material to Bacardi for uploading. Before doing so, Users must make sure that such Materials and/or their uploading are not breaching relevant laws, regulations or codes of conduct nor they are infringing third party intellectual property rights, image rights, or otherwise. By uploading and/or submitting for uploading any Materials, Users represent and warrant that such Materials are fully compliant. For example, Users must ensure that they do not upload or submit to Bacardi for uploading any content which: • (a) Infringes the Bacardi Limited Code of Conduct or the Bacardi Global Marketing Principles; • (b) Infringes any third party intellectual property rights or other rights; • (c) Contains images of individuals, where use of such images has not been authorized directly or indirectly (example as part of an advertising campaign) by the relevant individuals; • (d) Does not comply with relevant laws, regulations and rules or is inappropriate, such as it is defamatory, likely to cause offence to others, degrading, encouraging violence, racial hatred or other anti-social behaviour; • (e) Contains any technically harmful content (including without limitation computer viruses, Trojan horses, worms, harmful components, corrupted data or other malicious software). All Materials uploaded or submitted to Bacardi for uploading on this Site must be created by Bacardi employees in the course of their duties or by third parties (freelancers or other suppliers) who have assigned their intellectual property rights to Bacardi absolutely or who have licensed their intellectual property rights to Bacardi and such license covers use on this Site and has not expired. By submitting for uploading any Materials personally created by Users, they acknowledge that: • (a) such Materials are an original work created by the User in his/her professional capacity as a Bacardi group employee or consultant for which he/she has been duly remunerated and that he/she does not have right to any further remuneration or compensation for it; • (b) Bacardi shall have full title in the intellectual property rights in such Materials and in case this is not legally possible for any reason, Bacardi is hereby granted a perpetual, irrevocable, transferable, royalty free license to use the Materials without restrictions of any kind; • (c) any moral rights or rights of a similar nature in the Materials have been waived; • (d) Bacardi shall have full and absolute rights of exploiting the Materials (including, without limitation: reproducing, creating derivative works, combining the Materials with other materials, altering, translating, distributing copies, displaying or licensing the Materials) throughout the universe in perpetuity in any and all media now or hereafter known; • (e) Bacardi has no duty of confidentiality over any Materials submitted by Users. 4 MATERIALS, REPORTING, ACCESS AND TERMS OF USE Due to this nature and to the impossibility to monitor all content, this Site is not intended to promulgate, provide or represent the policies of Bacardi, unless they are specifically issued by its executive officers. This Site is not intended to provide or lead to legal conclusions. Bacardi is under no duty to monitor this Site. If Bacardi employees believe that the standards of conduct set forth in the Bacardi Code of Conduct have been violated, they should follow the procedure set forth in Section 3 of the Code of Conduct. Bacardi reserves the right: (i) to withdraw any content at any time without prior notice to the author/publisher; (ii) to modify any Material and (iii) to grant or deny access to this Site to anyone, without prior notice. Bacardi reserves the right to change these terms of use. Users are responsible for regularly reviewing these terms of use and any additional notices and/or terms posted on this Site. Continued use of this Site after the effective date of any such changes constitutes an acceptance of and agreement to such changes. 5 LINKS TO THIRD PARTY WEBSITES This Site may contain links to other websites. These links are provided as a convenience only. The presence of these links is not intended to imply Bacardi’s endorsement of these other websites’ content but to provide a convenient link to relevant sites managed by other companies, institutions or organizations. Bacardi has not reviewed any of these third party websites and does not control and is not responsible for those websites or their content or availability. Once a User accesses a link to a third party website, such User is subject to the terms of use, confidentiality or privacy policy of the third party website. 6 IP RIGHTS IN BACARDI MATERIALS BACARDI, the Bat Device and all other marks on Bacardi group products appearing in this Site, are registered trademarks or trademarks of Bacardi & Company Limited or of other subsidiaries of Bacardi. This Site contains Materials owned by Bacardi and incorporates proprietary rights belonging to Bacardi (© Bacardi - All rights reserved). These Materials include but are not limited to the content, texts, design, lay-out, look, appearance and graphics. Reproduction of any content of this Site is prohibited, except for printing or downloading to a local hard disk for the exclusive use in carrying out of work for Bacardi group companies. 1862.org DATA PRIVACY POLICY 1 INFORMATION ABOUT BACARDI AND THIS SITE Bacardi is committed to protecting your privacy and provides this Privacy Policy to inform you about the type of information Bacardi may collect from you online and how that information may be used. 2 COLLECTION AND USE OF PERSONAL INFORMATION Bacardi endeavours to collect personal data about Users only with their knowledge and consent. Personal data is information that could identify a specific individual such as names, addresses, e-mail addresses, and telephone numbers (“Personal Information”). 4 HOW YOUR PERSONAL INFORMATION IS KEPT ACCURATE AND UP TO DATE? You have the sole responsibility for keeping your personal information and profile up to date. If you cease to be a Bacardi Group employee or consultant your account, together with any personal information that you have entered will be removed. 5 SECURITY Bacardi will ensure that all Personal Information supplied is held securely in accordance with the governing law’s data protection rules. Bacardi takes appropriate security measures to prevent unauthorised access, improper use or disclosure, unauthorised modification or unlawful destruction or accidental loss of Personal Information. Bacardi normally uses encryption systems for data in transit but it cannot give Users the certainty that when they submit updates of their Personal Information such encryption cannot be violated by third parties. 6 DISCLOSURES AND INTERNATIONAL TRANSFER OF YOUR PERSONAL INFORMATION Bacardi does not release Users Personal Information to third parties for the purpose of allowing them to market their products and services. Bacardi may, however, pass, or allow other companies within the Bacardi Group and/or third party organizations that provide data processing or IT services or that otherwise assist in providing goods, services or information. Since Bacardi operates globally, this may require for Bacardi to transfer and/or store your data to countries outside the United States including but not limited to India. Bacardi will take steps to ensure that your Personal Information receives the same level of protection required within the United States, that it is kept secure and used only in accordance with Bacardi’s instructions and for the purposes indicated to you. By accepting the terms of use of this Site and by not asking for the removal of your account in accordance with section 4 of this Privacy Policy, you agree to this data transfer, storing or processing. Bacardi also reserves the right to disclose your Personal Information as required by law or when Bacardi believes that disclosure is necessary to protect Bacardi’s rights and/or comply with a judicial proceeding, court order, or legal process served on a Bacardi Group company. Other than as provided above, Bacardi will not pass your details to any other third party without first obtaining your permission. 7 SITE TRAFFIC INFORMATION AND COOKIES Servers located within Bacardi and/or hosted by third parties outside the EEA automatically log data about Users’ visits to this Site based on your IP address. This information does not identify you as an individual, but identifies the computer or other device you use to access the Site. This information is used to see where this Site is being used in the world to ensure coverage, and for click stream analysis to help better understand this Site usage. To delete or stop cookies being placed on your computer, refer to your specific internet browser. In a few cases, blocking cookies may reduce the functionality of some sites or prevent access to them depending on your chosen browser options. For further information visit www.aboutcookies.org. This link will take you to another website that is opened in a new window. Bacardi is not responsible for the content of the www.aboutcookies.org website. 8 CHANGES TO THIS PRIVACY POLICY Bacardi reserves the right to modify this Privacy Policy from time to time. If Bacardi makes material changes to this statement, you will be notified here, by email, or by means of a notice on this Site’s homepage. Access to this Site after such changes have been made amounts to a confirmation of your acceptance of such changes. 9 HYPERLINKS This Site may provide links to third-party websites for your convenience and information. Bacardi does not endorse or make any representations about third-party websites. The present Privacy Policy does not cover the personal data you choose to give to unrelated third parties and you are encouraged to review the Privacy Policy on any third party websites before submitting your personal information on those sites.
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