Previous post or scroll to the end for tl;dr
"Dear Tim Hortons guest,
You are receiving this email in connection with a court approved settlement of a national class action lawsuit involving the Tim Hortons App. If you currently have an Active Tims Rewards Account, the two Credits (“Offers”) - one Free Hot Beverage and one Free Baked Good – will be issued to this account, and available for you to activate and use, as of February 1, 2023.
To access your Offers, visit the Tim Hortons website by clicking here. Once you have signed into your account you will be able to view and activate the Offers. For further details, please read the notice set out below.
National Class Action Regarding the Collection of Geolocation Data from Canadian Resident Users of the Tim Hortons Application
The settlement agreement (the "Settlement") between the Plaintiffs and Restaurant Brands International Inc., Restaurant Brands International Limited Partnership and The TDL Group Corp. (the "Defendants") in the context of a class action (the "Class Action") has been approved by the Superior Court of Quebec (the “Court”).
If you have received this notice by email, it is because you are a Canadian Resident and you have used the Tim Hortons application (the "App") between April 1, 2019 and September 30, 2020 and had your geolocation data collected at least once. The Applicant alleged this practice constituted a breach of users’ privacy rights under applicable privacy legislation and was contrary to Tim Hortons' representations with respect to the collection of geolocation data.
The Class Action has been authorized and the Settlement has been approved by the Court. This puts an end to the Class Action.
You may no longer opt-out or object to the Settlement. You are automatically included, and this is the only remedy and the only relief you now have in relation to the Class Action. All other claims against the Defendants in relation to the Class Action are now captured by a full release and not permitted.
Please read this notice carefully.
*All capitalized terms have the meaning set out in the Transaction Agreement which contains the complete terms and conditions of the Settlement and is available here.
BASIC INFORMATION Why have I received this email?
The purpose of this notice is to inform you that the Plaintiffs and the Defendants have reached a Settlement putting an end to the Class Action. The Superior Court of Quebec has approved the Settlement, and the purpose of this notice is to inform you of whether you are eligible for compensation and if so, how you can be compensated.
What was the purpose of the Class Action?
According to the Plaintiffs, the Defendants collected geolocation data of users of the Tim Hortons App who are Canadian residents without adequate notice to users and obtaining appropriate consent and was contrary to the Defendants' representations with respect to the collection of geolocation data. The Plaintiffs claimed that the Defendants' practice at issue constituted breaches of the Civil Code of Quebec, of the Quebec Charter of Human Rights and Freedoms, of federal and provincial privacy legislation, of provincial consumer protection legislation, of the Competition Act, breach of contract, intrusion upon seclusion, statutory privacy torts and breach of trust. The Amended Application to Authorize the Bringing of a Class Action and to Appoint the Status of Representative Plaintiff is available here.
These allegations have not been proven in Court and are contested by the Defendants, whose position is that they have complied at all times with all applicable legislation and did not commit any wrongdoing of any kind.
SETTLEMENT SUMMARY What does the Settlement provide for?
Without any admission of liability, for the purpose of avoiding a trial and the additional costs and expenses related thereto, the Defendants agreed to the following:
Yes. You are automatically eligible to receive a Credit because, according to our records, you are a Canadian Resident and you have used the App and had your geolocation information collected at least once between April 1, 2019 and September 30, 2020.
When and how will I receive a Credit?
If you currently have and maintain an Active Account on the App or website”, the Credit will be deposited and applied directly to your Account within the next few days.You can click www.timhortons.ca/offers in order to access your Credits, follow the instruction to active the Credits.
The Credit must be redeemed within twelve (12) months of its deposit, after which period the Credit will expire and be removed from your Account. If you have not used your Credit within this initial 12-month period, you may, during a subsequent period of twelve (12) months, contact the Defendants’ guest services at 1-888-601-1616 and provide the email address linked to your Account. Upon validation that you are eligible, a Credit will be issued by email to the email address linked to your Account.
This Credit will expire on January 31, 2025.
FOR MORE INFORMATION
How can I obtain more information?
For more information and access to the text of the Settlement and the notices, please go to the following websites:
Mtre Joey Zukran
LPC Avocats
276 St-Jacques Street, Suite 801
Montreal, Quebec H2Y 1N3
Telephone: 514.379.1572
Fax: 514.221.4441
Email : redacted
Mtre Jeff Orenstein
Consumer Law Group
1030 Rue Berri #102
Montreal, Quebec, H2L 4C3
Telephone: 1-888-909-7863
Email : redacted
THERE WILL BE NO FURTHER NOTICE IN RELATION TO THIS CLASS ACTION SETTLEMENT. "
TL;DR
-As of today, one Free Hot Beverage (up to $6.19) and one Free Baked Good (up to $2.39) will be issued and available for you to activate and use
-Credit will expire on January 31, 2025
-Eligibility: Canadian Resident and you have used the Tim Hortons application (the "App") between April 1, 2019 and September 30, 2020 and had your geolocation data collected at least once
- Click www.timhortons.ca/offers in order to access your Credits, follow the instructions to activate the Credits
"Dear Tim Hortons guest,
You are receiving this email in connection with a court approved settlement of a national class action lawsuit involving the Tim Hortons App. If you currently have an Active Tims Rewards Account, the two Credits (“Offers”) - one Free Hot Beverage and one Free Baked Good – will be issued to this account, and available for you to activate and use, as of February 1, 2023.
To access your Offers, visit the Tim Hortons website by clicking here. Once you have signed into your account you will be able to view and activate the Offers. For further details, please read the notice set out below.
National Class Action Regarding the Collection of Geolocation Data from Canadian Resident Users of the Tim Hortons Application
The settlement agreement (the "Settlement") between the Plaintiffs and Restaurant Brands International Inc., Restaurant Brands International Limited Partnership and The TDL Group Corp. (the "Defendants") in the context of a class action (the "Class Action") has been approved by the Superior Court of Quebec (the “Court”).
If you have received this notice by email, it is because you are a Canadian Resident and you have used the Tim Hortons application (the "App") between April 1, 2019 and September 30, 2020 and had your geolocation data collected at least once. The Applicant alleged this practice constituted a breach of users’ privacy rights under applicable privacy legislation and was contrary to Tim Hortons' representations with respect to the collection of geolocation data.
The Class Action has been authorized and the Settlement has been approved by the Court. This puts an end to the Class Action.
You may no longer opt-out or object to the Settlement. You are automatically included, and this is the only remedy and the only relief you now have in relation to the Class Action. All other claims against the Defendants in relation to the Class Action are now captured by a full release and not permitted.
Please read this notice carefully.
*All capitalized terms have the meaning set out in the Transaction Agreement which contains the complete terms and conditions of the Settlement and is available here.
BASIC INFORMATION Why have I received this email?
The purpose of this notice is to inform you that the Plaintiffs and the Defendants have reached a Settlement putting an end to the Class Action. The Superior Court of Quebec has approved the Settlement, and the purpose of this notice is to inform you of whether you are eligible for compensation and if so, how you can be compensated.
What was the purpose of the Class Action?
According to the Plaintiffs, the Defendants collected geolocation data of users of the Tim Hortons App who are Canadian residents without adequate notice to users and obtaining appropriate consent and was contrary to the Defendants' representations with respect to the collection of geolocation data. The Plaintiffs claimed that the Defendants' practice at issue constituted breaches of the Civil Code of Quebec, of the Quebec Charter of Human Rights and Freedoms, of federal and provincial privacy legislation, of provincial consumer protection legislation, of the Competition Act, breach of contract, intrusion upon seclusion, statutory privacy torts and breach of trust. The Amended Application to Authorize the Bringing of a Class Action and to Appoint the Status of Representative Plaintiff is available here.
These allegations have not been proven in Court and are contested by the Defendants, whose position is that they have complied at all times with all applicable legislation and did not commit any wrongdoing of any kind.
SETTLEMENT SUMMARY What does the Settlement provide for?
Without any admission of liability, for the purpose of avoiding a trial and the additional costs and expenses related thereto, the Defendants agreed to the following:
- Provide each Eligible Member with one credit to be used to make a purchase of one free Hot Beverage and one free Baked Good from any participating Tim Hortons store within Canada in the form of a single, one-time use only, non-transferable, non-refundable and non-cash convertible credit, redeemable at check-out, whether with a coupon or using the Tim Hortons App (each, a "Credit"). "Baked Good" means a baked good that has a maximum retail value of $2.39 CAD plus taxes each, such as, by way of example, a croissant, a muffin, a cookie, a bun, a biscuit or a doughnut. "Hot Beverage" means a hot beverage that has a maximum retail value of $6.19 CAD plus taxes each, such as, by way of example, a brewed coffee, a hot latte, a hot cappuccino, a hot espresso, a hot cortado, a hot tea or a hot chocolate.
- Each Credit will be distributed as detailed below. In all cases, the Credits will expire twenty-four (24) months from their initial issuance.
- The Defendants have already taken the appropriate measures to permanently delete any geolocation information about group members that was in their possession. They have also instructed its third-party vendor, Radar Labs Inc., to do the same and this was carried out.
Yes. You are automatically eligible to receive a Credit because, according to our records, you are a Canadian Resident and you have used the App and had your geolocation information collected at least once between April 1, 2019 and September 30, 2020.
When and how will I receive a Credit?
If you currently have and maintain an Active Account on the App or website”, the Credit will be deposited and applied directly to your Account within the next few days.You can click www.timhortons.ca/offers in order to access your Credits, follow the instruction to active the Credits.
The Credit must be redeemed within twelve (12) months of its deposit, after which period the Credit will expire and be removed from your Account. If you have not used your Credit within this initial 12-month period, you may, during a subsequent period of twelve (12) months, contact the Defendants’ guest services at 1-888-601-1616 and provide the email address linked to your Account. Upon validation that you are eligible, a Credit will be issued by email to the email address linked to your Account.
This Credit will expire on January 31, 2025.
FOR MORE INFORMATION
How can I obtain more information?
For more information and access to the text of the Settlement and the notices, please go to the following websites:
- Class Counsel: www.lpclex.com/timhortons / www.clg.org
Mtre Joey Zukran
LPC Avocats
276 St-Jacques Street, Suite 801
Montreal, Quebec H2Y 1N3
Telephone: 514.379.1572
Fax: 514.221.4441
Email : redacted
Mtre Jeff Orenstein
Consumer Law Group
1030 Rue Berri #102
Montreal, Quebec, H2L 4C3
Telephone: 1-888-909-7863
Email : redacted
THERE WILL BE NO FURTHER NOTICE IN RELATION TO THIS CLASS ACTION SETTLEMENT. "
TL;DR
-As of today, one Free Hot Beverage (up to $6.19) and one Free Baked Good (up to $2.39) will be issued and available for you to activate and use
-Credit will expire on January 31, 2025
-Eligibility: Canadian Resident and you have used the Tim Hortons application (the "App") between April 1, 2019 and September 30, 2020 and had your geolocation data collected at least once
- Click www.timhortons.ca/offers in order to access your Credits, follow the instructions to activate the Credits