TERMS OF USE

This website is maintained by New Belgium Brewing Company, Inc. and Bell’s Brewery (a division of New Belgium and together “New Belgium” or “we” or “us”). To ensure a safe and enjoyable experience for all of our visitors and users, we have established these Terms of Use.  By accessing  https://newbelgium.com or https://bellsbeer.com (together, the “Websites”), you agree to be legally bound and to abide by the terms set forth below. Please exit the Websites if you do not agree to the Terms of Use, are not at least 21 years old, or live in a country where consumption of alcoholic beverages is not permitted.

Links

Please note that links to and from the Websites are provided for your convenience. The websites that you may link to through the Websites are not part of New Belgium. Should you leave the Websites via a link contained herein, the content that you view therein is not provided by New Belgium. Accordingly, New Belgium is not responsible for the content on those linked websites. New Belgium makes no guarantees, representations, or warranties as to, and shall have no liability for, any content delivered on any third-party website, including, without limitation, the accuracy, subject matter, quality, or timeliness of such content. The fact that New Belgium may be linked to other websites does not constitute an endorsement or recommendation of those websites, the views expressed on the websites, or the products or services offered on the websites.

Disclaimers

You expressly agree that your use of the Websites is at your sole risk. Every effort has been made to ensure the accuracy of the information on the Websites and New Belgium intends to take reasonable steps to prevent the introduction of viruses or other harmful components on the Websites. However, New Belgium does not warrant that any of the information, materials, or content on the Websites or functions of the Websites are accurate, complete, error free, free of any virus or other harmful components, or that use of the Websites will be uninterrupted. New Belgium shall not be liable for any damages arising from any defect in the accuracy, quality, completeness, or timeliness of the data, information, or content of the Websites or for harm caused by a virus or other harmful component on or downloaded from the Websites.

The Websites, including all content, software, functions, materials, and information, is provided by New Belgium on an “as is” basis. New Belgium makes no representations, express or implied, as to the operation of the Websites or its content, software, functions, materials, and information. To the maximum extent permissible by applicable law, New Belgium disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other violation of rights. New Belgium shall under no circumstances be liable to any users or third party for any damages of any kind arising from the use of the Websites, including, but not limited to, direct, indirect, special, punitive, or consequential damages even if New Belgium has been advised of the possibility of such damages.

Privacy Policy

New Belgium respects your privacy and permits you to control the treatment of your personal information. A complete statement of New Belgium’s Privacy Policy can be found below. New Belgium’s privacy policy is expressly incorporated into the Terms of Use by this reference. We encourage you to carefully read our Privacy Policy. By accessing the Websites, you agree to be bound by the terms of the Privacy Policy and acknowledge that while New Belgium will take reasonable security precautions concerning electronic data and communications, it is not responsible for any harm caused by interception of such data and communications.

User Contributions

Users who send electronic mail or other input to New Belgium through the Websites acknowledge that such electronic mail or other input can be used by New Belgium for any purpose without compensation to the user. In order to prevent any misunderstandings regarding the origin of ideas or concepts, New Belgium cannot accept any ideas or suggestions for its products, merchandise, promotions, advertising, names, designs, artwork, slogans, or any other trademarks. Further, you agree that any ideas, concepts, techniques, or other materials that you send to New Belgium may be used by us for whatever reason without compensation or attribution.

Termination

New Belgium may terminate or suspend your access to all or part of the Websites, without notice, for any conduct that New Belgium, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of New Belgium, another user, a third-party provider, merchant, sponsor or service provider.

Governing Law

The Websites are created and controlled by New Belgium and shall be governed by the laws of the State of Colorado. As such, any claim relating to the Websites, the services provided through the Websites, or to these Terms of Use shall be governed by the substantive laws of the State of Colorado, without giving effect to any principles of conflicts of law.

Acknowledgement and Changes

These Terms of Use represent the entire understanding between you and New Belgium regarding your relationship with New Belgium and the Websites and supersedes any prior statements or representations. In the event that any provision of these Terms of Use, or portion thereof, is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the Terms of Use and the remainder of the Terms of Use shall continue in full force and effect. By accessing the Websites, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this page and they will become effective upon posting.

PRIVACY POLICY

Introduction

New Belgium Brewing Company, Inc., and Bell’s Brewery (a division of New Belgium Brewing Company, Inc.) (together “New Belgium” or “we” or “us”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit www.newbelgium.com or www.bellsbeer.com (collectively, the “Websites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to the information we collect:

• On our Websites.
• In e-mail, text, and other electronic messages between you and our Websites.
• Through mobile and desktop applications you download from our Websites, which provide dedicated non-browser-based interaction between you and our Websites.
• When you interact with our advertising, promotions, and applications on third-party websites and services (if those advertising, promotions, or applications include links to this policy).

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by New Belgium or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Websites.  Third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using our Websites, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Websites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Individuals under the Age of 21

Our Websites are not intended for anyone under 21 years of age. No one under age 21 may provide any information to or through the Websites. We do not knowingly collect personal information from anyone under 21. If you are under 21, do not use or provide any information on our Websites or on or through any of its features, register on the Websites, make any purchases through the Websites, use any of the interactive or public comment features of the Websites, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from anyone under 21, we will delete that information. If you believe we might have any information from or about anyone under 21, please contact us at nbb@newbelgium.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Websites, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, or any other identifier by which you may be contacted online or offline (“personal information”);
• That is about you but individually does not identify you, such as your date of birth; and
• About your internet connection, the equipment you use to access our Websites, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the Websites. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Websites may include:

• Information that you provide by filling in forms on our Websites. This includes information provided at the time of registering to use our Websites, subscribing to our services, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion or participate in an event sponsored by us, and when you report a problem with our Websites.
• Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Websites.
• Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Websites, or transmitted to other users of the Websites or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk.  Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: 

• Usage Details. Details of your visits to or use of our Websites, including traffic data, location data, logs, other communication data, and the resources that you access and use on the Websites.
• Device Information. Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Websites and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Websites according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Websites.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites.
• Web Beacons. Pages of the Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit New Belgium, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources, or you provide to us.

If you do not want us to collect information from you do not use our Websites.  For more information, see Choices About How We Use and Disclose Your Information

Third Party Use of Cookies and Other Tracking Technologies

Some content on our Websites, including but not limited so some delivery services, are served by third parties.  These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Websites.  The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.  They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used.  If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information. 

Information We Collect through Mobile Applications

You may be asked to provide personal information to participate in our promotions, including text to win promotions entered by sending a keyword to a phone number or SMS (Short Message Service) short.  You may also subscribe to New Belgium mobile alerts to receive automated product updates via text messages.  By subscribing to New Belgium mobile alerts, you consent/opt-in to receive automated, periodic product updates via text messages. Consent is not a requirement for product purchases, product service experiences, or other transactions.  There is no fee imposed by New Belgium to receive text messages; however, message and data rates may apply to you.  Please check with your mobile service provider to determine if message and data rates apply to you.  Charges are billed and payable to your mobile service provider or deducted from your prepaid account based on your mobile plan.

Data obtained from you in connection with an SMS service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages. We may use this information to contact you and provide the services you request from us. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless operator may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. Wireless operators do not guarantee message delivery and will not be held liable for delayed or undelivered messages. We will not be liable for any delays in the receipt of any SMS message as delivery is subject to effective transmission from your network operator.

If you have any questions about messages received from a mobile application, text HELP to the number you received a text message from or contact us at nbb@newbelgium.com. To stop receiving messages reply STOP to the number you received a text message from.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Websites and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account/subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Websites or any products or services we offer or provide through the Websites.
• To allow you to participate in interactive features on our Websites.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you.  If you do not want us to use your information in this way, please adjust your user preferences in your account profile or reach out to us at nbb@newbelgium.com. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences.  Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with third party advertisers, the advertiser may assume that you meet its target criteria.

All above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third party.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect, or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of New Belgium’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by New Belgium about our Website or App users is among the assets transferred.
• To fulfill the purpose for which you provide it. 
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including the App End User License Agreement (“EULA”), and for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of New Belgium, our customers, or others.  This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Websites may then be inaccessible or not function properly.
• Promotional Offers from New Belgium.  If you do not wish to have your email address or contact information used by us to promote our own or third parties’ products or services, please adjust your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to nbb@newbelgium.com. If we have sent you a promotional email or text, you may send us a return email asking to be omitted from future email distributions or text STOP to the number you received a text message from.  This opt-out does not apply to information provided to us as a result of a product purchase, product service experience, or other transaction.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") at NAI’s website.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices.  Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Websites and visiting your account profile page. 

You may also send us an email at nbb@newbelgium.com to request access to, correct, or delete any personal information that you have provided to us.  We cannot delete your personal information except by also deleting your user account.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Websites, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Websites, including User Contributions, is governed by our Terms of Use.

Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices.  Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.  To learn more about California residents’ privacy rights, visit New Belgium’s Privacy Notice for California Residents.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for:
• Targeted advertising (excluding Iowa);
• Sales; or
• Profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah)

• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state.  To exercise any of these rights, please submit a Request Form or email CCPACompliance@newbelgium.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales.  However, please know we do not currently sell data triggering that state’s opt-out requirements. 

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and user-submitted profile information will be encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. The information you share in any public areas may be viewed by any user of the Websites.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified in your account or through a notice on the applicable Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Websites and Apps and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, or if you need to access this policy in an alternative format due to having a disability contact us at nbb@newbelgium.com.or call our main line, (970) 221-0524.

Revised: 12/2019, 01/2021, 12/2022, 12/2023