Irving Rewards Participant Terms and Conditions

Participant Terms and Conditions

Please read these terms and conditions (the “Participant Terms and Conditions”) carefully before using your Irving Rewards Card, establishing your Irving Rewards Account, and/or using the Irving Rewards Website (www.irvingoil.com). Registration or use of an Irving Rewards Card, Irving Rewards Account, and/or the Irving Rewards Website confirms, by your action, your acknowledgement that you have received, understood and accepted these Participant Terms and Conditions. Irving may revise these Participant Terms and Conditions in accordance with the provisions contained herein. These Participant Terms and Conditions, as amended from time to time, shall prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. If you do not agree with these Participant Terms and Conditions, please do not use the Irving Rewards Website or participate in the Irving Rewards Program. 

Definitions

“You,” “Your,” and “Participant” refer to the participant who registers with Irving Rewards to create an Irving Rewards Account. A Participant must be eighteen (18) years old or older.

“Irving” refers to Irving Oil Marketing G.P., doing business under the name of Les Pétroles Irving Marketing s.e.n.c. in the Province of Quebec, the owner, sponsor and administrator of the Irving Rewards Program.
 “Earn and Redeem Partners” means Fuel Sellers through which Participants may make Qualifying Purchases to earn Irving Reward Discounts and/or redeem or expend Discounts subject to the terms of the Irving Rewards Program.

“Irving Rewards Account” is an electronic record maintained and administered by Irving for you upon your registration with Irving Rewards reflecting your participation in the Irving Rewards Program, the Discounts you have earned in the Irving Rewards Program, and the Discounts you have redeemed or expended through Fuel purchases. Your Irving Rewards Account balance will be shown in your Account Summary, found on the irvingoil.com Website (the “Account Summary”). Your Irving Rewards Account is not transferable and may not be sold, combined with, or shared with another person or account. Irving reserves the right to suspend or terminate your Irving Rewards Account if you violate these Participant Terms and Conditions, misrepresent or falsify material information, or take any other action that is detrimental to the Irving Rewards Program.

“Irving Rewards Card” is the card designated and issued by Irving for use in the Irving Rewards Program, linked to your Irving Rewards Account after registration in the Irving Rewards Program, and to be used by you in making certain Qualifying Purchases to earn Discounts under the Irving Rewards Program.

“Irving Rewards Program” is a motor fuel discount program that lets you obtain discounts (“Discounts”) off the price per litre of Irving motor fuels (“Fuel”) purchased from participating Irving-branded retail motor fuel dealers (“Fuel Sellers”). The Irving Rewards Program is not a credit card, gift card, or stored value card program of any kind. Irving records the Discounts earned on your Qualifying Purchases and also records Discounts redeemed or expended through Fuel purchases based on data received from the Earn and Redeem Partners. Earn and Redeem Partners will be expected to submit such data to Irving or its designated agent promptly after the Qualifying Purchase and redemption of any Discounts, but Irving is not responsible for any failure to do so. Earned rewards, “Earned Value” and Discount credits have no cash or other monetary value. Discounts may not be redeemed until actually credited to and reflected in your Irving Rewards Account. Discounts are not transferable. You are solely responsible for checking your Irving Rewards Account regularly to ensure that all earned Discounts are properly credited. If you dispute the calculation of your Discounts or your Irving Rewards Account balance, you must notify Irving at Irving Rewards, Irving Oil Marketing G.P., PO Box 1421, Saint John, New Brunswick, E2L 4K1 within thirty (30) days of the date of posting of the disputed transaction to your Account Summary. Otherwise, the Account Summary will be deemed to be correct and binding on you. 

“Irving Rewards Website” is the Irving Rewards Website accessible at www.irvingoil.com

“Qualifying Purchase” means a purchase made in accordance with the Irving Rewards Program terms and conditions, and any individual program terms, for which a Discount may be earned and includes (1) a Fuel purchase from a participating Fuel Seller after first swiping an Irving Rewards Card through the Fuel seller’s POS system; and (2) an in-store purchase from a participating Fuel Seller after first swiping an Irving Rewards Card through the Fuel Seller’s POS system (excluding all applicable taxes and certain items, such as tobacco, lottery, postage, money orders, gift cards and pre-paid cards, licenses, propane, and other items as may be designated by Irving or restricted by law).

Calculation and Use of Fuel Discounts

Participants may earn and redeem Irving Rewards Discounts as set forth below and as may otherwise be specified in specific offers or terms as described in the Irving Rewards Website or in other material provided in connection with a specific offer or promotion. Subject to these Participant Terms and Conditions, you may earn Discounts as follows: 
 

1.    Irving Fuel Purchases:  Every time you purchase Fuel from a participating Fuel Seller after first swiping your Irving Rewards Card through the participating Fuel Seller’s POS system, your Irving Rewards Account will accrue value equal to the number of litres of Fuel you purchase (up to a maximum of two hundred (200) litres in any one purchase transaction) (“Irving Fuel Earned Value”).

Every time your Irving Fuel Earned Value reaches One Hundred and Fifty (150) litres you will earn a 0.03 $ per litre reward available on your next purchase of Fuel (up to a maximum of one hundred (100) litres) from a participating Fuel Seller when using your Irving Rewards Card (the “Irving Fuel Discount”). Rewards are generally available for use in approximately 30 minutes after the required Irving Fuel Earned Value threshold is reached. If your Irving Fuel Earned Value exceeds the 150 litres threshold, the surplus will be applied to your next fuel savings reward. Your Irving Fuel Discounts will expire if (i) your Irving Rewards Account has been inactive for a period of at least one (1) year and (ii) if Irving has sent you a notice of inactivity exclusively on the fact that the inactivity will result in the expiry of your Irving Fuel Discounts and specifying the date of expiry thereof, such notice to be sent at least 30 days, but not more than 60 days, before such date of expiry.

2.    In-Store Purchases:  Every time you make a qualifying in-store purchase from a participating Fuel Seller after first swiping your Irving Rewards Card through the participating Fuel Seller’s POS system, your Irving Rewards Account will accrue value equal to the pre-tax dollar amount of your purchase for qualifying items (certain items, such as tobacco, lottery, postage, money orders, gift cards and pre-paid cards, licenses, propane, and other items as may be designated by Irving or restricted by law do not qualify and are excluded) (the “In-Store Earned Value”).


Every time your In-Store Earned Value reaches Fifteen Dollars ($15) of in-store Qualifying Purchases using your Irving Rewards Card, you will earn a $0.03 per litre reward available on your next single purchase of Fuel from a participating Fuel Seller when using your Irving Rewards Card (the “In-Store Fuel Discount”). Rewards are generally available for use in approximately 30 minutes after the required In-Store Fuel Earned Value threshold is reached. If your In-Store Earned Value exceeds the $15 threshold, the surplus will be applied to your next fuel savings reward. Your In-Store Fuel Discounts will expire if (i) your Irving Rewards Account has been inactive for a period of at least one (1) year and (ii) if Irving has sent you a notice of inactivity exclusively on the fact that the inactivity will result in the expiry of your Irving Fuel Discounts and specifying the date of expiry thereof, such notice to be sent at least 30 days, but not more than 60 days, before such date of expiry.
Discounts may be applied to Fuel purchases up to the Fuel Seller’s posted price per litre of the applicable Fuel and up to the litre limitation as may be imposed by Irving. Discounts are non-transferable and may not be redeemed for cash or in-store merchandise. The Fuel Seller may impose restrictions on combining Discounts with other Fuel Seller promotional programs. If a Fuel Seller ceases to participate in the Irving Rewards Program, Discounts will no longer be useable in connection with Fuel purchases from such Fuel Seller. Irving may cancel the Irving Rewards Program at any time by sending to the Participant a written notice thereof at least sixty (60) days before the date of cancellation; upon such cancellation, all Discounts shall thereupon be null and void and no compensation shall be owed to you for unexpended Discounts.

Lost or Stolen Cards

If your Irving Rewards Card is lost or stolen, notify Irving immediately at 1.888.273.5222 to deactivate access to your Discounts. Deactivation may take up to seven (7) days after you request it. Until deactivation, anyone may use your Irving Rewards Card to access your Discounts, and Discounts expended by unauthorized persons will not be re-credited to your Irving Rewards Account. Irving is not responsible for lost or stolen Irving Rewards Cards.

Irving Rewards Account Closure

You may close your Irving Rewards Account at any time by notifying Irving at Irving Rewards, Irving Oil Marketing G.P., PO Box 1421, Saint John, New Brunswick, E2L 4K1 or by calling 1.888.273.5222. Irving may close any Irving Rewards Account at any time without notice for violation of these Participant Terms and Conditions. Upon closure of a Participant’s Irving Rewards Account, any Discounts shown by such Participant’s Account Summary will be terminated without compensation to Participant.

Limitation of Liabilities 

Irving shall have no liability for the accuracy of any data reported to Irving Rewards by any third party, nor, unless directly caused by Irving, for any inaccuracy, error, defect, or malfunction of the Irving Rewards Website or information contained therein, any Participant inability to access the Irving Rewards Website or information contained therein, any misallocation or misuse of Discounts, nor any unauthorized access to the Irving Rewards Website and/or misappropriation of information contained therein by any third party. The information contained on the Irving Rewards Website including the Account Summary may contain technical inaccuracies or typographical or computational errors and unless directly caused by Irving, Irving shall have no liability for these errors, nor for any delays, loss or nonperformance caused by any matter beyond Irving’s reasonable control, including without limitation, electrical power disruption, computer software or hardware malfunctions, telephone, data, or internet service disruptions, or the acts or omissions of any Earn and Redeem Partner or any third party. You are granted a limited revocable license to use the Irving Rewards Website for purposes related to your participation in the Irving Rewards Program, but Irving cannot and does not guarantee continuous, uninterrupted or secure access to the Irving rewards Website. THE IRVING REWARDS WEBSITE AND IRVING REWARDS PROGRAM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL IRVING BE LIABLE FOR ANY PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, NOR FOR ANY DAMAGES OF ANY KIND WHATSOEVER WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR ECONOMIC LOSS, WITHOUT REGARD TO THE FORM OF ANY ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT ACTION) ARISING OUT OF OR IN CONNECTION WITH ANY USE, DISPLAY OF OR RELIANCE ON INFORMATION CONTAINED IN OR NOT CONTAINED IN THE IRVING REWARDS WEBSITE. EXCEPT WHERE PROHIBITED BY LAW, IRVING’S MAXIMUM LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). 

Participant’s Obligations

You represent, as a condition to participating in the Irving Rewards Program, that you are an individual (and not a corporation, limited liability company, or partnership, etc.) at least eighteen (18) years old. You agree to comply with all of these Participant Terms and Conditions and all rules, regulations, terms and conditions relating to any Irving Rewards offer available in the brochure displayed at the checkout counter of the Earn and Redeem Partner or available on the Irving Rewards Website, as the same may be amended by Irving from time to time, and with all applicable laws and regulations. You agree to pay for all Fuel purchases and to pay for all Qualifying Purchases. You shall not transfer nor attempt to transfer any Discounts to any other person, nor use any Discounts to acquire Fuel for resale or for any purpose other than personal use. You will use the Irving Rewards Website solely for purposes of accessing your own Account Summary and managing your own participation in the Irving Rewards Program and will use your Irving Rewards Cards solely as contemplated by these Participant Terms and Conditions. You represent that you: (i) have and will use your actual identity when registering for and using the Irving Rewards Program and the Irving Rewards Website; (ii) have provided true, accurate, and complete information; and (iii) will maintain and promptly update all information to keep it true, accurate, current and complete. EXCEPT WHERE PROHIBITED BY LAW, BY PARTICIPATING IN THE IRVING REWARDS PROGRAM, YOU RELEASE IRVING AND ITS AFFILIATES, EARN AND REDEEM PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS OR SHAREHOLDERS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES”) FROM AND AGAINST ALL CLAIMS OF INJURY, LOSS, DAMAGE OR HARM OF ANY KIND, INCLUDING CLAIMS OF NEGLIGENCE AGAINST THE RELEASED PARTIES, ARISING FROM OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM. 
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ALL LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEYS FEES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATING TO YOUR VIOLATION OF LAW, VIOLATION OF THESE PARTICIPANT TERMS AND CONDITIONS OR ANY FALSE, INCOMPLETE OR MISLEADING REPRESENTATION OR STATEMENTS MADE BY YOU.  THE FOREGOING INDEMNIFICATION AND DEFENSE OBLIGATIONS SHALL SURVIVE ANY CLOSURE OF YOUR IRVING REWARDS ACCOUNT.

Site Security

You agree that you have not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other user or Participant; (iii) probe, scan, or test the vulnerability of the Irving Rewards Website or circumvent security or authentication measures without proper authorization; (iv) attempt to interfere with any user or Participant or interfere with the business of Irving or any participating Fuel Seller; or (v) send any unsolicited mail, including promotions and/or advertising of products and/or services.

Intellectual Property

Unless otherwise noted, all intellectual property (including copyrights, trademarks, service marks, trade dress and patents) relating to the Irving Rewards Program and Website are owned, controlled or licensed by Irving or its affiliates. The compilation of all content in the Irving Rewards Website is the property of Irving or its affiliates. Unauthorized copying or use of any intellectual property is expressly prohibited. Irving may use third party trademarks of other entities on the Website. Such trademarks shall remain the intellectual property of their respective third party owners. Nothing herein shall be construed as granting by implication, estoppel, or otherwise, any license or right to use the Irving Rewards name, marks or trade dress, the Irving Rewards Website, or any information displayed or contained therein except as expressly permitted by these Participant Terms and Conditions or with the prior written permission of Irving or the third party that may own the intellectual property.

Privacy Issues

Irving may collect personal information that you provide when participating in the Irving Rewards Program or using the Irving Website. Access to and use of personal information is subject to the terms and conditions of the Irving Rewards Privacy Policy available on Irving Rewards Website which forms an integral part of these Participant Terms and Conditions. By registering  for or using an Irving Rewards card and/or Irving Rewards Account, you authorize, and consent to, the collection, receipt, exchange, sharing and use of your personal information from time to time by and between Irving, its affiliates and Earn and Redeem Partners and any party with whom Irving has a relationship from time to time for the purposes of providing and/or offering the Irving Rewards Program and related services and promotions and for the purposes outlined in the Privacy Policy, including, without limitation, calculating and giving the Discounts that you have earned in the Irving Rewards Program and the Discounts that you have redeemed or expended through fuel purchases and also for the purpose of providing your Irving Rewards account’s balance in your Account Summary. 

The personal information obtained with regard to the Irving Rewards Program will be stored in secured locations and on servers controlled by Irving located either at Irving’s offices or at the offices of Irving’s third party service providers. 

The Act respecting the protection of personal information in the private sector (RLRQ, c. P-39.1) establishes terms and conditions for access as well as procedures for the rectification of information. Any request pursuant to such Act shall be made in writing to the person responsible of the Irving Rewards Program at the following address: 

Irving Oil Marketing G.P.
PO Box 1421
Saint John, New Brunswick E2L 4K1

Irving may provide hyperlinks to third party websites on the Irving Rewards Website. These third party sites may contain terms and conditions and privacy policies that differ from Irving’s. Irving is not responsible for the collection, use or disclosure of any personal information by any third party website and Irving expressly disclaims any and all liabilities related to such collection, use or disclosure.

Comments and Feedback; Email Communication

We welcome your comments, messages, ideas, suggestions and feedback (collectively “Comments”) concerning the Irving Rewards Program and Irving Rewards Website. All Comments will become the property of Irving and your submission of any Comments shall constitute an assignment to Irving of all worldwide rights, title, and interest in all copyrights and intellectual property in the Comments. Irving will be entitled to use, reproduce, disclose, publish and distribute all Comments and related materials for any purpose whatsoever, without restriction and without any obligation to compensate you in any way. Comments may be sent to: Irving Oil Marketing G.P., Irving Rewards Program, PO Box 1421, Saint John, New Brunswick, E2L 4K1. Irving has the right, but not the obligation, to monitor and edit or remove and comments or content. Irving undertakes no responsibility and assumes no liability for any content posted by you or any other third party.

By registering for and/or using an Irving Rewards Card and/or Irving Rewards accounts, you agree to receive emails and information from Irving, its affiliates and/or third party service providers that can include periodic statements of your Account and other information necessary for administration of the Irving Rewards Program; promotional communications which will inform you of special offers and products we believe would be of interest to you; and promotional communications from third parties that have a relationship with the Irving Rewards Program.  As a Participant in the Irving Rewards Program, you consent to receive the information described above. If, at any time, you wish to no longer receive promotional communications relating to the Irving Rewards Program, you may opt out of the receipt of such promotional communications by clicking on the Unsubscribe link provided at the bottom of each e-mail or by contacting Irving Oil Marketing G.P., Irving Rewards Program, PO Box 1421, Saint John, New Brunswick, E2L 4K1. Irving is not responsible and shall have no liability for any promotional or other communications sent to you by third parties.

Registration and Passwords

To access certain portions of the Irving Rewards Website, you may be asked to complete an online registration form and, when doing so, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update same as soon as possible after any information on such registration form changes.  
As part of such registration process, you may be asked to provide a user name and password. You are the only one responsible for keeping that password and username confidential and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify Irving of any unauthorized use of your password and/or user name or any other breach of security. 

Miscellaneous

The following elements of these Participant Terms and Conditions may be unilaterally amended by Irving, from time to time, namely:  

-    The calculation, use, earning and redeeming methods of Rewards and Discounts; 
-    The Irving Fuel and In-Store Earned Value thresholds; 
-    The admission, registration and participation in the Irving Rewards Program; 
-    The Qualifying and excluded Purchases; 
-    The conversion methods of Rewards; 
-    The ownership and assignment of the Irving Rewards Program; 
-    The registration, management and termination of an Irving Rewards Account; 
-    The conditions of use of the Irving Rewards Card; 
-    The conditions of use and expiry of Irving Rewards and Discounts; 
-    The communications with Irving Rewards Program users and/or Participants; 
-    The obligations and liabilities of the Participant and Irving; 
-    The collection, use and sharing of personal information of the Participant; 
-    Restrictions pertaining to the extent and duration of any Discount and Reward (the “Restrictions”);  
-    The terms and conditions of any promotional program; and
-    The terms and conditions of the Irving Rewards Participant Privacy Policy / Quebec.

Before making any such amendment to these Participant Terms and Conditions, Irving will send to the Participant, between the 90th and the 60th day preceding the coming into force of the amendment, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. The Participant may refuse the amendment and cancel its participation in the Irving Rewards Program without cost, penalty or cancellation indemnity by sending Irving a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the Participant’s obligations or a reduction in Irving’s obligations. 

To the extent any Restrictions cause the modification or termination of a Discount, it may be reflected in your Account Summary, however Irving will not be responsible for any failure to do so, and no compensation will be owed to you due to any such modification or termination. Furthermore and to the extent the Irving Rewards Program is modified or canceled, or that you cancel your participation in the Irving Rewards Program in accordance with the provisions hereof, all Discounts shall thereupon be null and void and no compensation shall be owed to you for any unexpended Discounts. Irving reserves the right to correct any typographical errors in these Participant Terms and Conditions and Irving shall have no liability or ongoing obligation to any Participant as a result of any such typographical error. If an Earn and Redeem Partner ceases to participate in the Irving Rewards Program, Irving will cease recording Discounts associated with the withdrawing Earn and Redeem Partner. 

All notices from Irving to Participant hereunder shall be sent by email and shall be deemed received by the Participant at the moment of transmission thereof. 

If any part of these Participant Terms and Conditions is determined to be invalid or unenforceable, such part will be treated as if it did not exist (or interpreted, if possible, in a manner as to be enforceable) and the remainder will continue in full force and effect. These Participant Terms and Conditions will be interpreted under the laws applicable in the Province of Quebec, exclusive of its conflicts of law rules. Any litigation arising from the subject matter of these Participant Terms and Conditions may only be brought in a court of competent jurisdiction located in the Judicial District of Quebec. These Participant Terms and Conditions, as amended from time to time, contain the entire agreement between Irving and Participant as to its subject matter, and can only be modified in writing by Irving. Participant may not assign any rights or benefits accruing to it by virtue of participation in the Irving Rewards Program. 

Participant Privacy Policy

This Irving Rewards Privacy Policy outlines the privacy practices for the Irving Rewards Program and the Irving Rewards Website (theirving.com/irvingrewards), including:

•    What personal information we collect from you;
•    How we use your information and with whom we may share it;
•    What choices are available to participants regarding collection, use and distribution of the information
•    What types of security procedures are in place to protect from the loss, misuse or alteration of information under our control
•    How participants may correct any inaccuracies in the information.

Please note that this Privacy Policy only applies to information collected by Irving in connection with the Irving Rewards Program and the Irving Rewards Website. It does not apply to any information collected on or offline by any other entity, whether or not that entity is affiliated with Irving.

Security

We know how important your personal information is to you and we take our responsibility to safeguard any information you provide to us very seriously. To protect any personally identifiable information that we collect, we have instituted physical, electronic and managerial measures to prevent unauthorized access to your information or unauthorized disclosure of that information.
Irving maintains secure data networks protected by industry-standard firewalls and password-access systems. We have obtained and regularly update industry-standard anti-virus software. Only authorized individuals have the right to access and/or disclose information provided by Irving Rewards Program Participants. Those authorized individuals are aware of this Privacy Policy and will use your information only in accordance with this Privacy Policy.

While we make every reasonable attempt to protect the personally identifiable information that you share with us, no transmission over the Internet is ever 100% secure, nor is information stored electronically 100% immune from attack, so we cannot guaranty the security of information you may provide to us. 

Your Personal Information and the Irving Rewards Program

To better understand and serve the needs of our Participants, Irving collects both aggregate Participant data and personally identifiable information regarding Participants. Personally identifiable information is any information that allows others to identify you or contact you. When you register to participate in the Irving Rewards program, Irving may collect the following personally identifiable information:

•    Your first and last name.
•    Your home address.
•    Your e-mail address.
•    Your phone number.

In order to provide you with the discounts, rewards, and other benefits associated with the Irving Rewards Program, Irving may collect limited information about your purchases when you use the Irving Rewards Card. Irving may collect the following information about purchases that you make using the Irving Rewards Card:

•    The date and location of your purchase.
•    The total dollar amount of your purchases on that visit.
•    The Irving Rewards discount you earned from your purchase.
•    The Irving Rewards discounts redeemed on each visit.

Irving may also collect other information about Participants from our third-party service providers and program partners. Irving will collect information that Participants provide on customer surveys, sweepstakes or promotional entries, coupon or rebate forms, or when a Participant uses the program Website. When you agree to become an Irving Rewards program Participant, you agree that Irving, Irving’s program partners and service providers may collect, use, retain and share such information for the following purposes: 

Our Use of Your Information

Irving may use your personally identifiable information in several ways:

We will use the information to enable us to operate the Irving Rewards Program, manage your account, and provide Irving Rewards Program-related services to you.

We may send you promotional materials; we may ask you to participate in surveys; and we may track market trends to assess the effectiveness of our programs and promotions.

We may contact you by email, conventional mail, or telephone. In addition, we may enhance and/or merge personally identifiable information about our participants with data collected from other sources to use in direct and/or online marketing. Irving may provide aggregate, anonymous participant information to our program partners.

Irving may hire outside companies to provide services on our behalf (such as running promotions, conducting surveys, sending email, hosting the Website, or analyzing data). We may provide your personally identifiable information to these service providers so that they may perform such services and you agree that Irving may share such information for such purposes. In addition, in order to enter a sweepstakes, contest or other promotion, we may require you (except as prohibited by law) to consent to the use of your personally identifiable information in our advertising and promotional materials.

We may also disclose your personally identifiable information if we believe that we are required to do so by law; to comply with legal process or governmental requests; to enforce our program Terms and Conditions; and/or to protect the rights, property, or safety of Irving, its Participants, program partners or the public. Irving may transfer or otherwise disclose your personal information in connection with a merger, sale, consolidation or other corporate change.

In addition, if you submit a letter or similar content to Irving or the Irving Rewards Website we may publish your letter along with your name or other information you submit.

Access to and change of personal information 

The personal information obtained with regard to the Irving Rewards Program will be stored in secured locations and on servers controlled by Irving located either at Irving’s offices or at the offices of Irving’s third party service providers. 

The Act respecting the protection of personal information in the private sector (RLRQ, c. P-39.1) establishes terms and conditions for access as well as procedures for the rectification of information. Any request pursuant to such Act shall be made in writing to the person responsible of the Irving Rewards Program at the following address: 

Irving Oil Marketing G.P.
PO Box 1421
Saint John New Brunswick E2L 4K1

Your Information and the Irving Rewards Website

You do not have to give us personal information to visit our Website. We may, however, collect personally identifiable information from our users at several different points on our Website, including registration, transaction records, and/or participation in a contest, game, promotion, survey or other promotional activity. If you choose to provide us with information about yourself, we may provide you with information on products, services and/or events that may be of interest to you.

When you register with Irving Rewards, we may ask you for certain information about yourself in order to create a Public Profile. You do not have to create a Public Profile in order to access the Irving Rewards Website. If you do choose to create a Public Profile, it may include information (such as your city and zip code, your “likes and dislikes,” and any photograph(s) you submit). We may publish any information that you choose to provide to theirving.com/irvingrewards as part of your Public Profile on our Website. Information such as your full name, phone number, street address, and your IP address are not part of your Public Profile and will not be displayed publicly on the Website.

Please note that this Privacy Policy does not apply to any information you may disclose publicly in user forums on our Website (such as chat rooms, bulletin boards, or similar web pages). You should keep in mind that whenever you publicly disclose information about yourself online, that information could be collected and used by people that you do not know. We bear no responsibility for any action or policies of any third parties who collect any information users may disclose in user forums or other public areas, if any, of this Website.

Cookies and Web Beacons

Our Website uses “cookies” and similar technologies to better recognize you when you return to our Website. A “cookie” is a small data file stored on an Internet user’s computer by a web server. Cookies are used to help identify you when you return to the Irving rewards Website and to tailor information you receive while on our Website. You are always free to decline our cookies if your browser permits, but that may affect your ability to access some parts of our Website.

Our web pages or email messages may contain a small graphic image called a “web beacon” (which is sometimes also called a "clear gif”) that allows us to monitor and collect certain limited information about users of our Website, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to, and the time the web beacon was viewed. Web beacons can be invisible to the user, but, in general, any electronic image viewed as part of a web page or email, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Website, and we may include web beacons in email messages in order to count how many messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Website and our marketing campaigns; we do not link the information collected by our web beacons to the personally identifiable information you provide when registering with the Website.

Other Data Collection

When you visit our Website we may collect and store in log files certain non-personally identifying information, such as: the name of the domain and host from which you access the Internet (for example, aol.com or unh.edu); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our Website; the Internet address of the website from which you linked directly to our Website and the website you visit when you leave our Website, and the number of “clicks” you execute on our Website. We collect this information to analyze trends, administer the Website, and gather broad demographic information for aggregate use. We may also determine the technology available through your browser in order to serve you the most appropriate version of a web page. We may also use information collected about our users to provide customized content, advertising, products and services, or to improve the content and navigation of our Website, or for other internal purposes.

Your Choices About Disclosing and Modifying Your Personal Information

If you do not wish to have your personally identifiable information used in the manner described in this Privacy Policy Statement, please disenroll from the Irving Rewards program by contacting Irving Rewards at the address below. Even though you may disenroll from the Irving Rewards program and subject to the provisions of the Act respecting the protection of personal information in the private sector mentioned above, your personally identifiable information may remain in Irving Rewards databases.

Notification of Changes

Irving reserves the right to amend this Privacy Policy at any time. Only the current privacy policy, as set forth in this Website, will be deemed effective. By using the www.irvingoil.com Website, participating in any of our services and/or providing us with your personal information, you consent to the terms of this Privacy Policy and any amendments made to this policy.

Children's Privacy

Our Website is not intended for children. To protect children’s personal information Act, we do not knowingly solicit or collect any personal information from children under 13 years of age.

Links

This Website may contain links to sites not affiliated with Irving Rewards and

Please read these terms and conditions (the “Participant Terms and Conditions”) carefully before using your Irving Rewards Card, establishing your Irving Rewards Account, and/or using the Irving Rewards Website (www.theirving.com/irvingrewards). Registration or use of an Irving Rewards Card, Irving Rewards Account, and/or the Irving Rewards Website confirms, by your action, your acknowledgement that you have received, understood and accepted these Participant Terms and Conditions. Irving may revise these Participant Terms and Conditions in accordance with the provisions contained herein. These Participant Terms and Conditions, as amended from time to time, shall prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. If you do not agree with these Participant Terms and Conditions, please do not use the Irving Rewards Website or participate in the Irving Rewards Program. 

Definitions

“You,” “Your,” and “Participant” refer to the participant who registers with Irving Rewards to create an Irving Rewards Account. A Participant must be eighteen (18) years old or older.

“Irving” refers to Irving Oil Marketing G.P., doing business under the name of Les Pétroles Irving Marketing s.e.n.c. in the Province of Quebec, the owner, sponsor and administrator of the Irving Rewards Program.
 “Earn and Redeem Partners” means Fuel Sellers through which Participants may make Qualifying Purchases to earn Irving Reward Discounts and/or redeem or expend Discounts subject to the terms of the Irving Rewards Program.

“Irving Rewards Account” is an electronic record maintained and administered by Irving for you upon your registration with Irving Rewards reflecting your participation in the Irving Rewards Program, the Discounts you have earned in the Irving Rewards Program, and the Discounts you have redeemed or expended through Fuel purchases. Your Irving Rewards Account balance will be shown in your Account Summary, found on the theirving.com/irvingrewards Website (the “Account Summary”). Your Irving Rewards Account is not transferable and may not be sold, combined with, or shared with another person or account. Irving reserves the right to suspend or terminate your Irving Rewards Account if you violate these Participant Terms and Conditions, misrepresent or falsify material information, or take any other action that is detrimental to the Irving Rewards Program.

“Irving Rewards Card” is the card designated and issued by Irving for use in the Irving Rewards Program, linked to your Irving Rewards Account after registration in the Irving Rewards Program, and to be used by you in making certain Qualifying Purchases to earn Discounts under the Irving Rewards Program.

“Irving Rewards Program” is a motor fuel discount program that lets you obtain discounts (“Discounts”) off the price per litre of Irving motor fuels (“Fuel”) purchased from participating Irving-branded retail motor fuel dealers (“Fuel Sellers”). The Irving Rewards Program is not a credit card, gift card, or stored value card program of any kind. Irving records the Discounts earned on your Qualifying Purchases and also records Discounts redeemed or expended through Fuel purchases based on data received from the Earn and Redeem Partners. Earn and Redeem Partners will be expected to submit such data to Irving or its designated agent promptly after the Qualifying Purchase and redemption of any Discounts, but Irving is not responsible for any failure to do so. Earned rewards, “Earned Value” and Discount credits have no cash or other monetary value. Discounts may not be redeemed until actually credited to and reflected in your Irving Rewards Account. Discounts are not transferable. You are solely responsible for checking your Irving Rewards Account regularly to ensure that all earned Discounts are properly credited. If you dispute the calculation of your Discounts or your Irving Rewards Account balance, you must notify Irving at Irving Rewards, Irving Oil Marketing G.P., PO Box 1421, Saint John, New Brunswick, E2L 4K1 within thirty (30) days of the date of posting of the disputed transaction to your Account Summary. Otherwise, the Account Summary will be deemed to be correct and binding on you. 

“Irving Rewards Website” is the Irving Rewards Website accessible at www.theirving.com/irvingrewards. 

“Qualifying Purchase” means a purchase made in accordance with the Irving Rewards Program terms and conditions, and any individual program terms, for which a Discount may be earned and includes (1) a Fuel purchase from a participating Fuel Seller after first swiping an Irving Rewards Card through the Fuel seller’s POS system; and (2) an in-store purchase from a participating Fuel Seller after first swiping an Irving Rewards Card through the Fuel Seller’s POS system (excluding all applicable taxes and certain items, such as tobacco, lottery, postage, money orders, gift cards and pre-paid cards, licenses, propane, and other items as may be designated by Irving or restricted by law).

Calculation and Use of Fuel Discounts

Participants may earn and redeem Irving Rewards Discounts as set forth below and as may otherwise be specified in specific offers or terms as described in the Irving Rewards Website or in other material provided in connection with a specific offer or promotion. Subject to these Participant Terms and Conditions, you may earn Discounts as follows: 
 

1.    Irving Fuel Purchases:  Every time you purchase Fuel from a participating Fuel Seller after first swiping your Irving Rewards Card through the participating Fuel Seller’s POS system, your Irving Rewards Account will accrue value equal to the number of litres of Fuel you purchase (up to a maximum of two hundred (200) litres in any one purchase transaction) (“Irving Fuel Earned Value”).

Every time your Irving Fuel Earned Value reaches One Hundred and Fifty (150) litres you will earn a 0.03 $ per litre reward available on your next purchase of Fuel (up to a maximum of one hundred (100) litres) from a participating Fuel Seller when using your Irving Rewards Card (the “Irving Fuel Discount”). Rewards are generally available for use in approximately 30 minutes after the required Irving Fuel Earned Value threshold is reached. If your Irving Fuel Earned Value exceeds the 150 litres threshold, the surplus will be applied to your next fuel savings reward. Your Irving Fuel Discounts will expire if (i) your Irving Rewards Account has been inactive for a period of at least one (1) year and (ii) if Irving has sent you a notice of inactivity exclusively on the fact that the inactivity will result in the expiry of your Irving Fuel Discounts and specifying the date of expiry thereof, such notice to be sent at least 30 days, but not more than 60 days, before such date of expiry.

2.    In-Store Purchases:  Every time you make a qualifying in-store purchase from a participating Fuel Seller after first swiping your Irving Rewards Card through the participating Fuel Seller’s POS system, your Irving Rewards Account will accrue value equal to the pre-tax dollar amount of your purchase for qualifying items (certain items, such as tobacco, lottery, postage, money orders, gift cards and pre-paid cards, licenses, propane, and other items as may be designated by Irving or restricted by law do not qualify and are excluded) (the “In-Store Earned Value”).


Every time your In-Store Earned Value reaches Fifteen Dollars ($15) of in-store Qualifying Purchases using your Irving Rewards Card, you will earn a $0.03 per litre reward available on your next single purchase of Fuel from a participating Fuel Seller when using your Irving Rewards Card (the “In-Store Fuel Discount”). Rewards are generally available for use in approximately 30 minutes after the required In-Store Fuel Earned Value threshold is reached. If your In-Store Earned Value exceeds the $15 threshold, the surplus will be applied to your next fuel savings reward. Your In-Store Fuel Discounts will expire if (i) your Irving Rewards Account has been inactive for a period of at least one (1) year and (ii) if Irving has sent you a notice of inactivity exclusively on the fact that the inactivity will result in the expiry of your Irving Fuel Discounts and specifying the date of expiry thereof, such notice to be sent at least 30 days, but not more than 60 days, before such date of expiry.
Discounts may be applied to Fuel purchases up to the Fuel Seller’s posted price per litre of the applicable Fuel and up to the litre limitation as may be imposed by Irving. Discounts are non-transferable and may not be redeemed for cash or in-store merchandise. The Fuel Seller may impose restrictions on combining Discounts with other Fuel Seller promotional programs. If a Fuel Seller ceases to participate in the Irving Rewards Program, Discounts will no longer be useable in connection with Fuel purchases from such Fuel Seller. Irving may cancel the Irving Rewards Program at any time by sending to the Participant a written notice thereof at least sixty (60) days before the date of cancellation; upon such cancellation, all Discounts shall thereupon be null and void and no compensation shall be owed to you for unexpended Discounts.

Lost or Stolen Cards

If your Irving Rewards Card is lost or stolen, notify Irving immediately at 1.888.273.5222 to deactivate access to your Discounts. Deactivation may take up to seven (7) days after you request it. Until deactivation, anyone may use your Irving Rewards Card to access your Discounts, and Discounts expended by unauthorized persons will not be re-credited to your Irving Rewards Account. Irving is not responsible for lost or stolen Irving Rewards Cards.

Irving Rewards Account Closure

You may close your Irving Rewards Account at any time by notifying Irving at Irving Rewards, Irving Oil Marketing G.P., PO Box 1421, Saint John, New Brunswick, E2L 4K1 or by calling 1.888.273.5222. Irving may close any Irving Rewards Account at any time without notice for violation of these Participant Terms and Conditions. Upon closure of a Participant’s Irving Rewards Account, any Discounts shown by such Participant’s Account Summary will be terminated without compensation to Participant.

Limitation of Liabilities 

Irving shall have no liability for the accuracy of any data reported to Irving Rewards by any third party, nor, unless directly caused by Irving, for any inaccuracy, error, defect, or malfunction of the Irving Rewards Website or information contained therein, any Participant inability to access the Irving Rewards Website or information contained therein, any misallocation or misuse of Discounts, nor any unauthorized access to the Irving Rewards Website and/or misappropriation of information contained therein by any third party. The information contained on the Irving Rewards Website including the Account Summary may contain technical inaccuracies or typographical or computational errors and unless directly caused by Irving, Irving shall have no liability for these errors, nor for any delays, loss or nonperformance caused by any matter beyond Irving’s reasonable control, including without limitation, electrical power disruption, computer software or hardware malfunctions, telephone, data, or internet service disruptions, or the acts or omissions of any Earn and Redeem Partner or any third party. You are granted a limited revocable license to use the Irving Rewards Website for purposes related to your participation in the Irving Rewards Program, but Irving cannot and does not guarantee continuous, uninterrupted or secure access to the Irving rewards Website. THE IRVING REWARDS WEBSITE AND IRVING REWARDS PROGRAM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL IRVING BE LIABLE FOR ANY PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, NOR FOR ANY DAMAGES OF ANY KIND WHATSOEVER WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR ECONOMIC LOSS, WITHOUT REGARD TO THE FORM OF ANY ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT ACTION) ARISING OUT OF OR IN CONNECTION WITH ANY USE, DISPLAY OF OR RELIANCE ON INFORMATION CONTAINED IN OR NOT CONTAINED IN THE IRVING REWARDS WEBSITE. EXCEPT WHERE PROHIBITED BY LAW, IRVING’S MAXIMUM LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). 

Participant’s Obligations

You represent, as a condition to participating in the Irving Rewards Program, that you are an individual (and not a corporation, limited liability company, or partnership, etc.) at least eighteen (18) years old. You agree to comply with all of these Participant Terms and Conditions and all rules, regulations, terms and conditions relating to any Irving Rewards offer available in the brochure displayed at the checkout counter of the Earn and Redeem Partner or available on the Irving Rewards Website, as the same may be amended by Irving from time to time, and with all applicable laws and regulations. You agree to pay for all Fuel purchases and to pay for all Qualifying Purchases. You shall not transfer nor attempt to transfer any Discounts to any other person, nor use any Discounts to acquire Fuel for resale or for any purpose other than personal use. You will use the Irving Rewards Website solely for purposes of accessing your own Account Summary and managing your own participation in the Irving Rewards Program and will use your Irving Rewards Cards solely as contemplated by these Participant Terms and Conditions. You represent that you: (i) have and will use your actual identity when registering for and using the Irving Rewards Program and the Irving Rewards Website; (ii) have provided true, accurate, and complete information; and (iii) will maintain and promptly update all information to keep it true, accurate, current and complete. EXCEPT WHERE PROHIBITED BY LAW, BY PARTICIPATING IN THE IRVING REWARDS PROGRAM, YOU RELEASE IRVING AND ITS AFFILIATES, EARN AND REDEEM PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS OR SHAREHOLDERS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES”) FROM AND AGAINST ALL CLAIMS OF INJURY, LOSS, DAMAGE OR HARM OF ANY KIND, INCLUDING CLAIMS OF NEGLIGENCE AGAINST THE RELEASED PARTIES, ARISING FROM OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM. 
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ALL LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEYS FEES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATING TO YOUR VIOLATION OF LAW, VIOLATION OF THESE PARTICIPANT TERMS AND CONDITIONS OR ANY FALSE, INCOMPLETE OR MISLEADING REPRESENTATION OR STATEMENTS MADE BY YOU.  THE FOREGOING INDEMNIFICATION AND DEFENSE OBLIGATIONS SHALL SURVIVE ANY CLOSURE OF YOUR IRVING REWARDS ACCOUNT.

Site Security

You agree that you have not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other user or Participant; (iii) probe, scan, or test the vulnerability of the Irving Rewards Website or circumvent security or authentication measures without proper authorization; (iv) attempt to interfere with any user or Participant or interfere with the business of Irving or any participating Fuel Seller; or (v) send any unsolicited mail, including promotions and/or advertising of products and/or services.

Intellectual Property

Unless otherwise noted, all intellectual property (including copyrights, trademarks, service marks, trade dress and patents) relating to the Irving Rewards Program and Website are owned, controlled or licensed by Irving or its affiliates. The compilation of all content in the Irving Rewards Website is the property of Irving or its affiliates. Unauthorized copying or use of any intellectual property is expressly prohibited. Irving may use third party trademarks of other entities on the Website. Such trademarks shall remain the intellectual property of their respective third party owners. Nothing herein shall be construed as granting by implication, estoppel, or otherwise, any license or right to use the Irving Rewards name, marks or trade dress, the Irving Rewards Website, or any information displayed or contained therein except as expressly permitted by these Participant Terms and Conditions or with the prior written permission of Irving or the third party that may own the intellectual property.

Privacy Issues

Irving may collect personal information that you provide when participating in the Irving Rewards Program or using the Irving Website. Access to and use of personal information is subject to the terms and conditions of the Irving Rewards Privacy Policy available on Irving Rewards Website which forms an integral part of these Participant Terms and Conditions. By registering  for or using an Irving Rewards card and/or Irving Rewards Account, you authorize, and consent to, the collection, receipt, exchange, sharing and use of your personal information from time to time by and between Irving, its affiliates and Earn and Redeem Partners and any party with whom Irving has a relationship from time to time for the purposes of providing and/or offering the Irving Rewards Program and related services and promotions and for the purposes outlined in the Privacy Policy, including, without limitation, calculating and giving the Discounts that you have earned in the Irving Rewards Program and the Discounts that you have redeemed or expended through fuel purchases and also for the purpose of providing your Irving Rewards account’s balance in your Account Summary. 

The personal information obtained with regard to the Irving Rewards Program will be stored in secured locations and on servers controlled by Irving located either at Irving’s offices or at the offices of Irving’s third party service providers. 

The Act respecting the protection of personal information in the private sector (RLRQ, c. P-39.1) establishes terms and conditions for access as well as procedures for the rectification of information. Any request pursuant to such Act shall be made in writing to the person responsible of the Irving Rewards Program at the following address: 

Irving Oil Marketing G.P.
PO Box 1421
Saint John, New Brunswick E2L 4K1

Irving may provide hyperlinks to third party websites on the Irving Rewards Website. These third party sites may contain terms and conditions and privacy policies that differ from Irving’s. Irving is not responsible for the collection, use or disclosure of any personal information by any third party website and Irving expressly disclaims any and all liabilities related to such collection, use or disclosure.

Comments and Feedback; Email Communication

We welcome your comments, messages, ideas, suggestions and feedback (collectively “Comments”) concerning the Irving Rewards Program and Irving Rewards Website. All Comments will become the property of Irving and your submission of any Comments shall constitute an assignment to Irving of all worldwide rights, title, and interest in all copyrights and intellectual property in the Comments. Irving will be entitled to use, reproduce, disclose, publish and distribute all Comments and related materials for any purpose whatsoever, without restriction and without any obligation to compensate you in any way. Comments may be sent to: Irving Oil Marketing G.P., Irving Rewards Program, PO Box 1421, Saint John, New Brunswick, E2L 4K1. Irving has the right, but not the obligation, to monitor and edit or remove and comments or content. Irving undertakes no responsibility and assumes no liability for any content posted by you or any other third party.

By registering for and/or using an Irving Rewards Card and/or Irving Rewards accounts, you agree to receive emails and information from Irving, its affiliates and/or third party service providers that can include periodic statements of your Account and other information necessary for administration of the Irving Rewards Program; promotional communications which will inform you of special offers and products we believe would be of interest to you; and promotional communications from third parties that have a relationship with the Irving Rewards Program.  As a Participant in the Irving Rewards Program, you consent to receive the information described above. If, at any time, you wish to no longer receive promotional communications relating to the Irving Rewards Program, you may opt out of the receipt of such promotional communications by clicking on the Unsubscribe link provided at the bottom of each e-mail or by contacting Irving Oil Marketing G.P., Irving Rewards Program, PO Box 1421, Saint John, New Brunswick, E2L 4K1. Irving is not responsible and shall have no liability for any promotional or other communications sent to you by third parties.

Registration and Passwords

To access certain portions of the Irving Rewards Website, you may be asked to complete an online registration form and, when doing so, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update same as soon as possible after any information on such registration form changes.  
As part of such registration process, you may be asked to provide a user name and password. You are the only one responsible for keeping that password and username confidential and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify Irving of any unauthorized use of your password and/or user name or any other breach of security. 

Miscellaneous

The following elements of these Participant Terms and Conditions may be unilaterally amended by Irving, from time to time, namely:  

-    The calculation, use, earning and redeeming methods of Rewards and Discounts; 
-    The Irving Fuel and In-Store Earned Value thresholds; 
-    The admission, registration and participation in the Irving Rewards Program; 
-    The Qualifying and excluded Purchases; 
-    The conversion methods of Rewards; 
-    The ownership and assignment of the Irving Rewards Program; 
-    The registration, management and termination of an Irving Rewards Account; 
-    The conditions of use of the Irving Rewards Card; 
-    The conditions of use and expiry of Irving Rewards and Discounts; 
-    The communications with Irving Rewards Program users and/or Participants; 
-    The obligations and liabilities of the Participant and Irving; 
-    The collection, use and sharing of personal information of the Participant; 
-    Restrictions pertaining to the extent and duration of any Discount and Reward (the “Restrictions”);  
-    The terms and conditions of any promotional program; and
-    The terms and conditions of the Irving Rewards Participant Privacy Policy / Quebec.

Before making any such amendment to these Participant Terms and Conditions, Irving will send to the Participant, between the 90th and the 60th day preceding the coming into force of the amendment, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. The Participant may refuse the amendment and cancel its participation in the Irving Rewards Program without cost, penalty or cancellation indemnity by sending Irving a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the Participant’s obligations or a reduction in Irving’s obligations. 

To the extent any Restrictions cause the modification or termination of a Discount, it may be reflected in your Account Summary, however Irving will not be responsible for any failure to do so, and no compensation will be owed to you due to any such modification or termination. Furthermore and to the extent the Irving Rewards Program is modified or canceled, or that you cancel your participation in the Irving Rewards Program in accordance with the provisions hereof, all Discounts shall thereupon be null and void and no compensation shall be owed to you for any unexpended Discounts. Irving reserves the right to correct any typographical errors in these Participant Terms and Conditions and Irving shall have no liability or ongoing obligation to any Participant as a result of any such typographical error. If an Earn and Redeem Partner ceases to participate in the Irving Rewards Program, Irving will cease recording Discounts associated with the withdrawing Earn and Redeem Partner. 

All notices from Irving to Participant hereunder shall be sent by email and shall be deemed received by the Participant at the moment of transmission thereof. 

If any part of these Participant Terms and Conditions is determined to be invalid or unenforceable, such part will be treated as if it did not exist (or interpreted, if possible, in a manner as to be enforceable) and the remainder will continue in full force and effect. These Participant Terms and Conditions will be interpreted under the laws applicable in the Province of Quebec, exclusive of its conflicts of law rules. Any litigation arising from the subject matter of these Participant Terms and Conditions may only be brought in a court of competent jurisdiction located in the Judicial District of Quebec. These Participant Terms and Conditions, as amended from time to time, contain the entire agreement between Irving and Participant as to its subject matter, and can only be modified in writing by Irving. Participant may not assign any rights or benefits accruing to it by virtue of participation in the Irving Rewards Program. 

Participant Privacy Policy

This Irving Rewards Privacy Policy outlines the privacy practices for the Irving Rewards Program and the Irving Rewards Website (theirving.com/irvingrewards), including:

•    What personal information we collect from you;
•    How we use your information and with whom we may share it;
•    What choices are available to participants regarding collection, use and distribution of the information
•    What types of security procedures are in place to protect from the loss, misuse or alteration of information under our control
•    How participants may correct any inaccuracies in the information.

Please note that this Privacy Policy only applies to information collected by Irving in connection with the Irving Rewards Program and the Irving Rewards Website. It does not apply to any information collected on or offline by any other entity, whether or not that entity is affiliated with Irving.

Security

We know how important your personal information is to you and we take our responsibility to safeguard any information you provide to us very seriously. To protect any personally identifiable information that we collect, we have instituted physical, electronic and managerial measures to prevent unauthorized access to your information or unauthorized disclosure of that information.
Irving maintains secure data networks protected by industry-standard firewalls and password-access systems. We have obtained and regularly update industry-standard anti-virus software. Only authorized individuals have the right to access and/or disclose information provided by Irving Rewards Program Participants. Those authorized individuals are aware of this Privacy Policy and will use your information only in accordance with this Privacy Policy.

While we make every reasonable attempt to protect the personally identifiable information that you share with us, no transmission over the Internet is ever 100% secure, nor is information stored electronically 100% immune from attack, so we cannot guaranty the security of information you may provide to us. 

Your Personal Information and the Irving Rewards Program

To better understand and serve the needs of our Participants, Irving collects both aggregate Participant data and personally identifiable information regarding Participants. Personally identifiable information is any information that allows others to identify you or contact you. When you register to participate in the Irving Rewards program, Irving may collect the following personally identifiable information:

•    Your first and last name.
•    Your home address.
•    Your e-mail address.
•    Your phone number.

In order to provide you with the discounts, rewards, and other benefits associated with the Irving Rewards Program, Irving may collect limited information about your purchases when you use the Irving Rewards Card. Irving may collect the following information about purchases that you make using the Irving Rewards Card:

•    The date and location of your purchase.
•    The total dollar amount of your purchases on that visit.
•    The Irving Rewards discount you earned from your purchase.
•    The Irving Rewards discounts redeemed on each visit.

Irving may also collect other information about Participants from our third-party service providers and program partners. Irving will collect information that Participants provide on customer surveys, sweepstakes or promotional entries, coupon or rebate forms, or when a Participant uses the program Website. When you agree to become an Irving Rewards program Participant, you agree that Irving, Irving’s program partners and service providers may collect, use, retain and share such information for the following purposes: 

Our Use of Your Information

Irving may use your personally identifiable information in several ways:

We will use the information to enable us to operate the Irving Rewards Program, manage your account, and provide Irving Rewards Program-related services to you.

We may send you promotional materials; we may ask you to participate in surveys; and we may track market trends to assess the effectiveness of our programs and promotions.

We may contact you by email, conventional mail, or telephone. In addition, we may enhance and/or merge personally identifiable information about our participants with data collected from other sources to use in direct and/or online marketing. Irving may provide aggregate, anonymous participant information to our program partners.

Irving may hire outside companies to provide services on our behalf (such as running promotions, conducting surveys, sending email, hosting the Website, or analyzing data). We may provide your personally identifiable information to these service providers so that they may perform such services and you agree that Irving may share such information for such purposes. In addition, in order to enter a sweepstakes, contest or other promotion, we may require you (except as prohibited by law) to consent to the use of your personally identifiable information in our advertising and promotional materials.

We may also disclose your personally identifiable information if we believe that we are required to do so by law; to comply with legal process or governmental requests; to enforce our program Terms and Conditions; and/or to protect the rights, property, or safety of Irving, its Participants, program partners or the public. Irving may transfer or otherwise disclose your personal information in connection with a merger, sale, consolidation or other corporate change.

In addition, if you submit a letter or similar content to Irving or the Irving Rewards Website we may publish your letter along with your name or other information you submit.

Access to and change of personal information 

The personal information obtained with regard to the Irving Rewards Program will be stored in secured locations and on servers controlled by Irving located either at Irving’s offices or at the offices of Irving’s third party service providers. 

The Act respecting the protection of personal information in the private sector (RLRQ, c. P-39.1) establishes terms and conditions for access as well as procedures for the rectification of information. Any request pursuant to such Act shall be made in writing to the person responsible of the Irving Rewards Program at the following address: 

Irving Oil Marketing G.P.
PO Box 1421
Saint John New Brunswick E2L 4K1

Your Information and the Irving Rewards Website

You do not have to give us personal information to visit our Website. We may, however, collect personally identifiable information from our users at several different points on our Website, including registration, transaction records, and/or participation in a contest, game, promotion, survey or other promotional activity. If you choose to provide us with information about yourself, we may provide you with information on products, services and/or events that may be of interest to you.

When you register with Irving Rewards, we may ask you for certain information about yourself in order to create a Public Profile. You do not have to create a Public Profile in order to access the Irving Rewards Website. If you do choose to create a Public Profile, it may include information (such as your city and zip code, your “likes and dislikes,” and any photograph(s) you submit). We may publish any information that you choose to provide to theirving.com/irvingrewards as part of your Public Profile on our Website. Information such as your full name, phone number, street address, and your IP address are not part of your Public Profile and will not be displayed publicly on the Website.

Please note that this Privacy Policy does not apply to any information you may disclose publicly in user forums on our Website (such as chat rooms, bulletin boards, or similar web pages). You should keep in mind that whenever you publicly disclose information about yourself online, that information could be collected and used by people that you do not know. We bear no responsibility for any action or policies of any third parties who collect any information users may disclose in user forums or other public areas, if any, of this Website.

Cookies and Web Beacons

Our Website uses “cookies” and similar technologies to better recognize you when you return to our Website. A “cookie” is a small data file stored on an Internet user’s computer by a web server. Cookies are used to help identify you when you return to the Irving rewards Website and to tailor information you receive while on our Website. You are always free to decline our cookies if your browser permits, but that may affect your ability to access some parts of our Website.

Our web pages or email messages may contain a small graphic image called a “web beacon” (which is sometimes also called a "clear gif”) that allows us to monitor and collect certain limited information about users of our Website, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to, and the time the web beacon was viewed. Web beacons can be invisible to the user, but, in general, any electronic image viewed as part of a web page or email, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Website, and we may include web beacons in email messages in order to count how many messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Website and our marketing campaigns; we do not link the information collected by our web beacons to the personally identifiable information you provide when registering with the Website.

Other Data Collection

When you visit our Website we may collect and store in log files certain non-personally identifying information, such as: the name of the domain and host from which you access the Internet (for example, aol.com or unh.edu); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our Website; the Internet address of the website from which you linked directly to our Website and the website you visit when you leave our Website, and the number of “clicks” you execute on our Website. We collect this information to analyze trends, administer the Website, and gather broad demographic information for aggregate use. We may also determine the technology available through your browser in order to serve you the most appropriate version of a web page. We may also use information collected about our users to provide customized content, advertising, products and services, or to improve the content and navigation of our Website, or for other internal purposes.

Your Choices About Disclosing and Modifying Your Personal Information

If you do not wish to have your personally identifiable information used in the manner described in this Privacy Policy Statement, please disenroll from the Irving Rewards program by contacting Irving Rewards at the address below. Even though you may disenroll from the Irving Rewards program and subject to the provisions of the Act respecting the protection of personal information in the private sector mentioned above, your personally identifiable information may remain in Irving Rewards databases.

Notification of Changes

Irving reserves the right to amend this Privacy Policy at any time. Only the current privacy policy, as set forth in this Website, will be deemed effective. By using the theirving.com/irvingrewards Website, participating in any of our services and/or providing us with your personal information, you consent to the terms of this Privacy Policy and any amendments made to this policy.

Children's Privacy

Our Website is not intended for children. To protect children’s personal information Act, we do not knowingly solicit or collect any personal information from children under 13 years of age.

Links

This Website may contain links to sites not affiliated with Irving Rewards and www.irvingoil.com. Irving Rewards and www.irvingoil.com are not responsible for the privacy practices of other entities or their websites.

Contact

You may contact us at: Irving Rewards, Irving Oil Marketing G.P., PO Box 1421, Saint John, New Brunswick, E2L 4K1

. Irving Rewards and www.irvingoil.com are not responsible for the privacy practices of other entities or their websites.

Contact

You may contact us at: Irving Rewards, Irving Oil Marketing G.P., PO Box 1421, Saint John, New Brunswick, E2L 4K1