Introduction
In order to ensure that we all enjoy the facilities of the Heineken website, we herewith set out our general guidelines. In these Terms and Conditions of use, and Privacy and Cookie Policy, you will find details on our policies and regulations. We suggest you read them carefully. The following is a general approach only.
Terms and Conditions
Applicability
These terms and conditions of use ("Terms of Use") apply to all visits to and all use of this website of Heineken Brouwerijen B.V. ("Heineken"), as well as to all information, recommendations and/or services provided to you on or through this website (the "Information").
By using this website you agree to the applicability of these Terms of Use. We note that these Terms of Use may be changed over time. Such changes shall be effective immediately upon the posting of the modified Terms of Use. Users of the website are advised to regularly read the Terms of Use for possible changes.
Information and Liability
The Information is for general information purposes only and does not constitute advice. Heineken shall not be liable for any damages resulting from the use (or inability to make use) of this website, including damages caused by viruses or any incorrectness or incompleteness of the Information, unless such damage is the result of any wilful misconduct or gross negligence on part of Heineken. Heineken shall not be liable for damages resulting from any lack of suitability, timeliness or accuracy of this website or the Information.
Heineken shall further not be liable for damages resulting from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Heineken disclaims all warranties including, but not limited to, warranties of conditions, quality, merchantability, fitness for a particular purpose and non-infringement.
Information of third parties
The Information originating from third parties constitutes an expression of the personal opinions of those third parties. Heineken is not responsible and shall not be liable for such Information.
Hyperlinks on this website may direct visitors to external websites which are maintained by third parties. Heineken shall not be liable for the contents and the functioning of such external websites. Heineken shall also not be liable for the quality of products or services which may be offered on such external websites.
Intellectual property
Unless indicated otherwise, all intellectual property rights to this website and the Information are owned by Heineken. These rights include but are not limited to all copyrights, rights to the trade names, word trademarks, pictorial trademarks and logos of Heineken, such as, but not limited to the rights to "HEINEKEN".
Users are permitted to read this website and the Information and make copies for their own personal use, for example by printing or storing. All other use of the website or of the Information, for example the storage or reproduction of (a part of) the website of Heineken in any external internet site is not permitted.
Unsolicited ideas
In the event that you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") on this website or send such Materials to Heineken by email or otherwise, Heineken shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge. Heineken shall not be bound by any confidentiality obligation in respect of such Materials.
You hereby indemnify and hold Heineken harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by Heineken as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
Severability
If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of such void part as much as possible, taking into account the content and the purport of these Terms of Use.
Applicable law and jurisdiction
These Terms of Use shall be exclusively governed by Law of the Netherlands. All disputes arising in connection with these Terms of Use, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Amsterdam.
Privacy and cookie policy
General
Heineken Brouwerijen B.V. ("Heineken") is the controller of the processing of all personal data collected through this website (the "Website"). Heineken respects your privacy and complies with the provisions of the Dutch Act on the Processing of Personal Data ("APPD").
This Privacy and Cookie Policy (the "Policy") provides information regarding the processing of personal data collected through the Website, as well as the rights to access and correction of such personal data.
This Policy may be changed over time. Such changes shall be effective immediately upon the posting of the modified Policy. Users of the website are advised to regularly read the Policy for possible changes.
Personal data
Heineken processes personal data that it collects through the Website. The following categories of personal data are collected:
- name
- date of birth
- contact details
- other information that you enter on forms on the website (email, mobile phone number, etc.)
- any personal data included in content you upload on the website
Visitors of the Website under the age of 18 may only submit personal data by means of the Website to Heineken, if such visitors have obtained consent of their legal representatives, which have taken notice of this Policy.
Purposes
Heineken uses your personal data for the following purposes:
- to offer you our services as displayed on the Website
- to offer you online games as displayed on the Website
- to improve our services
- to answer your questions
- to send you information regarding any current or future activities of Heineken. If legally required, Heineken will obtain your permission, before sending you such information
Recipients
Heineken may transfer your personal data to its group companies. Heineken may also provide your personal data to third parties, which will process your personal data according to instructions of Heineken and under the responsibility of Heineken. In case Heineken sells all or some of the assets or shares of the company to a third party, your personal data may be provided to this third party. Heineken will not provide your personal data to any other third parties, unless there is a legal obligation to do so.
By using the services available on this Website, you explicitly grant permission for Heineken to transfer your personal data to third countries, even if such countries do not ensure an adequate level of data protection.
Cookies
This Website makes use of so-called "cookies". Cookies are small text files that the Website stores locally on your computer. The Website uses cookies to recognise you if you visit the Website. By doing so, Heineken is able to improve user-friendliness of the Website and to adjust the Website to your needs. The cookies of the Website that are stored on your computer remain valid for an unlimited period of time after your first visit to the Website.
By changing settings in your web browser, you can establish that you will be given notice if a cookie is stored on your computer. By changing settings, you can also establish that your browser does not accept cookies from this Website. However, if your browser does not accept cookies from this Website, you may not be able to access or use all features of this Website.
Security and retention period
The transfer, storage and processing of personal data collected through this Website is secured by means of current, usual technical measures.
In general, Heineken will not retain the personal data that is obtained through this Website for a period longer than two years.
Access, correction and removal
You can request Heineken to provide access to the personal data it has collected about you at any time. You can also request Heineken to correct or to delete such personal data. You can send requests for access, correction or removal of your personal data to webcentre@heineken.com mentioning your name and postal address.
Star Lounge Gallery
Participation
- A Participant can send in a picture as often as they want. Participation is worldwide.
- Anyone who is in any way connected, directly or indirectly, with the organisation of this Game is excluded from participation.
- Only persons above the Legal Purchasing Age or Legal Drinking Age per country are eligible to take part.
- Participation does not involve any obligation to purchase Heineken products or any other obligation on the part of the Participant.
- Star Lounge Gallery runs from 1 September 2009 until 31 December 2009. The Organiser reserves the right at all times to change the Star Lounge Gallery concept in the interim and/or to terminate it prematurely for reasons of its own, without the Participant being able to assert any rights against the Organiser. The Organiser furthermore reserves the right to adjust the rules without giving prior notice to the Participant.
How to enter
- The purpose of Star Lounge Gallery is to send in a picture of a UEFA Champions League viewing moment.
- Heineken chooses pictures to be featured within the Gallery.
- At the end of each month one of the entries is rewarded with a Heineken Fan Kit.
- The Star Lounge Gallery runs from 1 September 2009 until 31 December 2009.
Awarding of prizes
- Prizes cannot be transferred or exchanged for cash or other prizes.
- A winner can submit a claim for the award of a prize within 72 hours of notification by phone or email by the Organiser; all claims lapse in the event of failure to do this within the above-mentioned timeframe.
- Prizes which for any reason are not awarded remain the property of the Organiser. Any prizes which are declined revert to the Organiser.
Publication
- The Organiser reserves the right to request the winners of Star Lounge Gallery to cooperate in any form of publicity associated with the Star Lounge Gallery, including the use of any film and photo material portraying the winner whereby the interests of the winners will be reasonably taken into account.
- Winners will not be entitled to any payment or other remuneration for any such publicity or otherwise. All and any materials, including publicity materials, will be the sole property of the Organiser.
- If the Participant submits materials (whether consisting of text, images, photos, film or otherwise), the Organiser shall be entitled to use, copy and/or commercially exploit such materials to the fullest extent and free of charge. The Organiser shall not be bound by any confidentiality obligation in respect of such materials.
- No correspondence will be entered into concerning the prizes of Star Lounge Gallery.
These terms and conditions have been changed most recently on 1 February 2009.