FERRERO Australia Pty Ltd.
TERMS OF USE

Last Updated:  [June 2015]

Ferrero Australia Pty Ltd ("Ferrero," "we," or us") is the owner of the content on and operator of http://www.tictac.com.au  / http://www.tictac.co.nz and microsites accessed through the aforementioned websites (each a "Site," and collectively the "Sites").  Please be advised that Ferrero Australia Pty Ltd is not responsible for any other websites maintained by other companies in the Ferrero Group.

1. Acceptance of Terms of Use.  Your access to and use of the Sites are subject to the following terms of use ("Terms of Use").  By accessing or using the Sites, you agree to be bound by these Terms of Use and to comply with all applicable laws.  If you do not agree to these Terms of Use, without limitation or qualification, you may not use the Site.  Ferrero may revise these Terms of Use at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.  In addition, certain of the Sites may contain additional terms that govern particular features or offers (such as sweepstakes) ("Program Terms"). In the event that there is a conflict between any of the terms, conditions and notices of these Terms of Use and the Program Terms, these Terms of Use shall control.

2. Content and Intellectual Property Ownership; Conditional Use of Content.  The content and all other materials on the Sites, including, without limitation, the copyrights and other intellectual property rights in the artwork, graphics, photographs, text, video and audio clips, trademarks and logos available on the Sites (collectively the "Content") are owned by Ferrero and/or its affiliates.   You may access and use a Site and the Contents thereon solely for personal, non-commercial, or entertainment purposes only.  You are not permitted to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, distribute, modify, broadcast or make derivative works of any Content in any way, including for any public or commercial purpose whatsoever, without the prior written consent of Ferrero or the owner of such materials.  All rights not granted under these Terms of Use are expressly reserved by Ferrero.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Sites are either the trademarks or services marks (registered or unregistered) of Ferrero, its affiliates and/or its licensors unless otherwise stated herein.  Ferrero, its affiliates and its licensors expressly reserve all intellectual property rights in all Content on the Sites.  No license is granted to you in connection with any Content contained on the Sites.  In its sole discretion, Ferrero, its affiliates or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. User Conduct/Acceptable Use Policy.   A Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials.  Ferrero expects all of its users to be respectful of other people.  If you notice any violation of this Acceptable Use Policy or other unacceptable conduct by any user, you should contact us and report such activity using one of the options listed below in Section 13.

 You are solely responsible for the content, information, and other materials that you post on a Site, submit to a Site, or transmit to other users (including, but not limited to, creative ideas, suggestions, and feedback/information on Ferrero's products and services) ("User Generated Content") and agree that you will not hold the Released Parties responsible or liable for any content, information, or materials from other users that you access on a Site.

 Categories of prohibited User Generated Content listed below are merely examples and are not intended to be exhaustive.  Without limitation, you agree that you will not post or transmit to other users any User Generated Content that:

• is defamatory, abusive, obscene, profane, scandalous, inflammatory, pornographic, indecent, or offensive;

• infringes or violates another party's intellectual property rights (such as music, videos, photos, or other materials for which you do not have written authority from the owner of such materials to post on a Site);

• violates any party's right of publicity or right of privacy;

• is threatening, harassing, or that promotes bullying, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

• is inaccurate, false, or misleading in any way;

• is illegal or promotes any illegal activities;

• promotes illegal or unauthorized copying of another person's copyrighted work or links to said work, or provides information to circumvent any security measure;

•  contains "masked" profanity (i.e., F@&#);

• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

• contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

We may review, edit, or delete content and materials that you or others send or post to a Site, but are not obligated to do so.

You understand that when using a Site, you will be exposed to content and materials from a variety of sources, and that Ferrero is not responsible for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to such content and materials.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on a Site.  Further, you may not use any such automated means to manipulate a Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use.  You may not resell the use of, or access to, a Site to any third party.

4. Ownership of Material You Send, Post, Submit, or Transmit; Submissions.  From time to time, Ferrero may ask that you send, post, submit, or transmit to a Site, User Generated Content.  Any User Generated Content that you send, post, submit or transmit is and will be deemed and treated as non-confidential and non-proprietary by Ferrero.  Such User Generated Content, upon being transmitted to Ferrero, shall immediately become the property of Ferrero and Ferrero shall exclusively now and hereinafter own all rights, title, and interest therein (subject to any third-party rights).  Furthermore, Ferrero and its affiliates, shall be free to use such User Generated Content, without restriction, for any purpose whatsoever (subject to any third-party rights), including, but not limited to, developing, manufacturing, advertising, promoting, and marketing products, WITHOUT COMPENSATION, OTHER OBLIGATION OR ANY OTHER LIABILITY TO YOU, and shall further be entitled to reproduce, disclose, transmit, publish, broadcast, or post in any medium, or edit, modify or delete all or any part of any User Generated Content.  Ferrero shall not be liable for disclosure of such User Generated Content or for any similarities in the User Generated Content and any future Ferrero uses or activities.

Notwithstanding the foregoing, Ferrero maintains a policy of not accepting or considering creative ideas, suggestions or materials from the public ("Submissions") and therefore, you should not make any Submissions to Ferrero in any communications through this Site or otherwise.  If you do send us a Submission, despite the aforementioned request not to do so, then such Submission shall immediately become the property of Ferrero, Ferrero shall exclusively now and hereinafter own all rights, title and interest therein, and such Submission shall be subject to the terms and conditions set forth in this Section 4 above (including without limitation the freedom to use any Submissions for any purposes whatsoever and without any compensation or other liability to you).

5. Links to Other Sites.  A Site may contain links to other websites that are not owned, operated, or maintained by us.  You should note when you leave a Site and read the terms and conditions and privacy policies of each and every website that you visit.  You should also independently asses the authenticity of any website which appears or claims that it is one of our Sites (including those linked to through an email).  Despite any links that might exist on s Site, we do not control, recommend, or endorse and are not affiliated with these websites or their content, products, services, or privacy policies.  Viewing any third party site is at your own risk.  Downloading material from certain websites may risk infringing intellectual property rights or introducing viruses into your computer system.  

6. Promotions and Offers.  From time to time, we may run a promotion (e.g., contest, sweepstakes, instant win game, etc.) or an offer on a Site ("Promotion").  Any Promotion set forth on a Site shall be void where prohibited and subject to the posting of any official rules relating to such Promotion.  Each Promotion will have its own rules and conditions, which shall be in addition to the terms in these Terms of Use.   Participation in any Promotion requires your acceptance of such rules and conditions.

7. Privacy.  The privacy of your personally identifiable information is very important to us.  For more information on what information we collect and how we collect, use, disclose, and manage such information, please read our Privacy Policy, which also governs your use of our Sites.

8. Disclaimer of Warranties/Exclusion of Liability.
YOUR USE OF A SITE IS AT YOUR OWN RISK.  THE SITES AND ALL SOFTWARE, SERVICES, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.  PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU.  WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITES, ANY SOFTWARE, SERVICES, CONTENT OR USER GENERATED CONTENT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES. WE DO NOT WARRANT THAT A SITE, ANY CONTENT, OR CONTENT ACCESSED THROUGH A SITE WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT A SITE OR THE SERVER THAT MAKES A SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE SHALL NOT BE LIABLE FOR THE USE OF A SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY STATEMENTS, ERRORS, OR OMISSIONS CONTAINED THEREIN, CONTENT PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT THAT INFRINGES UPON ANY THIRD PARTY'S RIGHTS), LINKS TO ANY OTHER WEBSITE OR ITS NATURE OR CONTENTS, OR ANY OTHER MATTER REGARDING A SITE AND YOUR USE OF IT.  IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL,  CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, AND PERSONAL INJURY/ WRONGFUL DEATH), EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   YOUR SOLE REMEDY FOR DISSATISFACTION WITH A SITE IS TO DISCONTINUE YOUR USE OF THE SITE.  PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Indemnity.  By using a Site, you agree to defend, indemnify, and hold harmless Ferrero, its officers, directors, employees, parent, subsidiaries, affiliates, business partners, website developer, representatives, and agents (collectively, the Released Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, reasonable attorney's fees and costs) arising from: (i) any breach by you of any of these Terms of Use, (ii) any Submission or User Generated Content (including, but not limited to, claims for infringement of copyright, trademark, trade secret or other intellectual property rights of a third party, right of publicity, right of privacy, or defamation), (iii) your use of any Content or features available on or through a Site (except to the extent a claim is based upon infringement of a third party right by materials created by Ferrero), (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject, and (v) any other matter regarding a Site and your access and use of it.

 You agree to use best efforts to cooperate with us in the defense of any such matter.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

10. Governing Law/Jurisdiction.  All matters relating to a Site and/or these Terms of Use are governed by the laws of NSW Australia without reference to conflict or choice of law principles. You agree that exclusive jurisdiction and venue for any legal proceeding relating to a Site and/or these Terms of Use shall be in appropriate courts located in Australia.  We do not warrant or imply that the Sites or Content/materials on the Sites are appropriate for use outside of Australia.  Although our Sites are accessible worldwide, the Content discussed or referenced on our Sites may not be available to all persons or in all geographic areas.  In addition, not all persons may be able to participate, be eligible for offers or win prizes, if applicable, in the sweepstakes, contents or similar promotions made available through the Sites.   The information set forth on the Sites concerning any products or services is applicable only in Australia.  We reserve the right to limit the availability of our Sites and/or the provision of any service to any person, geographic area or jurisdiction in our sole discretion and at any time.  If you are located outside Australia, you are solely responsible for compliance with any applicable local laws.

11. Severability.  If any term or provision of these Terms of Use shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect.

12. Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

13. Contact Information.  Should you have any questions or comments regarding the Sites or these Terms of Use, you may contact us by using our online form available on http://www.ferrero.com.au, http://www.ferrero.co.nz or at the following:

© 2015 Ferrero.  All rights reserved
 

PRIVACY POLICY

Ferrero Australia Pty Ltd (ACN 001 249 261) and Agri Australis Pty Limited (ACN 151 383 934) (collectively "Ferrero", "we", "us" or "our") are committed to protecting the privacy of users of this website (the "Website") and to ensuring that users' Personal Data is treated with respect to their fundamental rights and freedoms as well as personal dignity, with particular reference to confidentiality. "Personal Data" means information or an opinion about an identified individual or an individual who is reasonably identifiable.

This Privacy Policy sets out how we will collect, use, store, share and secure your Personal Data. It also describes your choices regarding use, access and correction of your Personal Data.

We may require users to provide certain Personal Data and details in order to provide our services, and we would therefore like to explain the procedures and ways in which we handle data supplied to us. This Privacy Policy will also provide you with full information so that you are able to consent to the processing of your Personal Data in an explicit and informed manner, where appropriate. 

In general, any Personal Data which you provide, or which is otherwise gathered by us in the context of the Website, will be used by Ferrero in compliance with the applicable legislation (e.g., EU’s General Data Protection Rules, Australia’s Privacy Act 1988 (the "Privacy Act") etc.). Ferrero is bound by the Australian Privacy Principles in the Privacy Act.
 

DATA CONTROLLER/OWNER

The Data Controller/Owner regarding all Personal Data processing operations carried out through the Website is Ferrero, with registered offices at Level 36, 100 Miller St, North Sydney, NSW, 2060, Australia. Ferrero has appointed a local privacy officer. To get in touch with him/her for any information regarding the processing of Personal Data by Ferrero, including a list of its data processors, please contact: privacy.apac@ferrero.com.
 

WHAT TYPES OF PERSONAL DATA DO WE COLLECT FROM YOU AND HOW DO WE COLLECT IT?

As you use the Website and, in particular, as you provide information and upload files to the Website in order to access the Website's services and/or participate in any consumer promotions, Ferrero may collect and process your Personal Data.

This information may be collected by Ferrero both when you choose to provide it (e.g., when you request any services provided by Ferrero over the Website) or simply by analyzing your behaviour on the Website, including as set out below:

• Data voluntarily provided by users

When creating an account on the Website, you will be asked to provide certain Personal Data such as contact details (e.g. your name, email address, telephone number, country of residence and physical address) and marketing preferences.

Where the Website allows you to register through your personal social media profile, with your prior and revocable consent, we may access the same limited information included in such profile related to your name, age, location, likes, interests, contacts and images.

• Browsing data

The routine operation of the Website, as is standard with any websites on the Internet, involves the use of computer systems and software procedures, which collect information about the Website's users. This transmission is automatic when using Internet communication protocols. Although Ferrero does not collect this information in order to identify users personally, it is still possible that such data may permit a user to be identified, either directly via that information, by using other information collected or through processing and association with further data held by third parties. As such, this information may also be considered Personal Data.

This information includes several parameters related to your operating system and IT environment, including your IP address, location (country), the domain names of your computer, the URI (Uniform Resource Identifier) addresses of resources you request on the Website, the time of requests made, information about your activities on our Website (for instance, the pages you visit, the goods you view), the method used to submit requests to the server, the dimensions of the file obtained in response to a request, the numerical code indicating the status of the response sent by the server (successful, error, etc.), details of the device (for instance, your computer, tablet or smartphone) which you use to access our Website and so on, by means of cookies and other tracking technologies. Further details of the use of cookies is set out under the heading "COOKIES" below.

Such data about the use of the Website shall only be used by Ferrero for anonymous, statistical purposes (and not for the purposes of identifying any users) to ensure the correct operation of, and identify any faults and/or abuse related to, the Website. This data may also be used for the purposes of investigating liabilities in the event of information crimes committed against the Website.

• Clickstream Data

Each time you visit the Website our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using, the address of the website you have come from and move to after your visit, the date and time of your visit, and your server's IP address.

We may collect this information for statistical purposes to find out how the Website is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. We may use this information to evaluate and improve any of our Website's performance, or as necessary to investigate or report any suspected unlawful activity, as required or permitted by law or as reasonably necessary for the activity of an enforcement body.

By providing your Personal Data to us, you consent to our collection, use and disclosure of your Personal Data in accordance with this Privacy Policy and any other arrangements that apply between us.

In this regard, you should ensure that all Personal Data provided to us is complete, accurate and true at the time of provision.  Failure on your part to do so may result in our inability to provide you with services you have requested.

We only collect, process, use or disclose such Personal Data, in accordance with this Privacy Policy. If you are acting as an intermediary, or otherwise on behalf of a third party, or supply us with information regarding a third party, you undertake that you are an authorised representative or agent of such third party and that you have obtained consent from such third party to our collection, processing, use and disclosure of their Personal Data. Because we are collecting the third party’s data from you, you undertake to make the third party aware of all matters listed in this Privacy Policy by referring them to our agencies’ website.
 

WHY DO WE PROCESS YOUR PERSONAL DATA? PURPOSES OF PROCESSING AND LEGAL GROUNDS

Ferrero may collect, hold, use and disclose your Personal Data for the following purposes:

• Service Provision – To provide answers or services you request, including to allow the creation of an account for you to receive information from Ferrero and alerts by means of push notifications; to verify your identity and assist you, in case you lose or forget your login/password details for any of Ferrero's registration services; to allow you to create and maintain a registered user profile, to process transactions and enrolments you request, including emails; to process card payments and to provide any other services which you may request; to send you newsletters you have subscribed to as a service (containing only informative content); to finalize purchase orders and deliver products bought on the Website and to provide any other services which you may request. No consent is required for the processing of data for these purposes since such processing is necessary to provide the services requested and, therefore, for the performance of an agreement to which you are a party or for the implementation of measures requested by you prior to entering into an agreement. You are not required to give Ferrero your Personal Data for these purposes; however, if you do not, Ferrero will not be able to provide any services to you.

• Marketing – For marketing, promotional and publicity purposes, including to carry out consumer promotions, direct marketing as well as studies, research, market statistics or surveys via e-mail, SMS, push notifications, pop-up banners, instant messaging, phone calls by an operator or Ferrero's official social media pages, regarding Ferrero's products and services and to send you offers, promotions or other information about our goods and services. Processing for these purposes is based on your consent. You are not required to give consent to Ferrero for the use of your Personal Data for this purpose, and you will suffer no consequence if you choose not to give it (aside from not being able to receive further marketing communications from Ferrero). Any consent given may also be withdrawn at a later stage in accordance with the process set out under the heading "WHAT ARE YOUR RIGHTS? HOW CAN YOU EXERCISE THEM?".

• Soft Spam – For future marketing, promotional and publicity purposes, by sending you direct e-mail marketing communications regarding products and services provided by Ferrero which are identical or similar to those you have previously requested through the use of the Website. Processing for these purposes is based on Ferrero's legitimate interest in sending you direct e-mail marketing communication regarding products and services provided by Ferrero and which are identical or similar to those you have previously purchased through the Website. You can block these communications, and you will suffer no consequence if you do so (aside from not being able to receive further marketing communications from Ferrero), by objecting through the unsubscribe link provided at the bottom of all such communications.

• Profiling – To create your user profile (individual and/or aggregate profiles) on our Website, by collecting and analyzing information on the preferences you select and choices you make on the Website as well as on your general activities on the Website, through the use of profiling cookies. This information will be used to personalize the services provided through by Ferrero, where possible, to suit your preferences and choices, as well as to serve you with information and advertisements which may be relevant to you and your interests, to propose customized offers that may be of your interest and to give you information about other websites/services which Ferrero believes you may be interested in.  All algorithms involved in this processing are regularly tested, to ensure the processing's fairness and control for bias. Processing for this purpose is based on your consent, collected by means of the cookie pop-up banner and/or a specific tick box. You are not required to give consent to Ferrero for use of your Personal Data for this purpose, and you will suffer no consequence if you choose not to (aside from not being able to benefit from greater personalization of your user experience regarding the Website). Any consent given may also be withdrawn at a later stage in accordance with the process set out under the heading "WHAT ARE YOUR RIGHTS? HOW CAN YOU EXERCISE THEM?".

• Compliance – For compliance with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties. When you provide any Personal Data to Ferrero, Ferrero must process it in accordance with the applicable laws, which may include retaining and reporting your Personal Data to official authorities for compliance with tax, customs or other legal obligations. No consent is required for the processing of data for this purpose since such processing is necessary to comply with a legal obligation.

• Misuse/Fraud – To prevent and detect any misuse of the Website, or any fraudulent activities carried out through the Website. Processing for this purpose is necessary to pursue Ferrero's legitimate interests in preventing and detecting fraudulent activities or misuse of the Website (for potentially criminal purposes).

• Analytics – To analyze and improve our service provision, enhance the Website, evaluate the effectiveness of Ferrero's marketing activities and services, perform statistical and demographics analyses on Ferrero's corporate clients and registered users. Processing for this purpose is necessary to pursue Ferrero's legitimate interests in the development and administration of the Website and to improve the services provided by Ferrero.

Users shall not be required to provide Personal Data to browse public pages of the Website. The provision of Personal Data for the purposes mentioned above is optional, however, failure to provide required data (indicated as such in the registration form, as applicable) may prevent users from completing registration or receiving related services.
 

TO WHOM DO WE DISCLOSE YOUR PERSONAL DATA?

We may disclose Personal Data for the purposes described in this Privacy Policy to:

• Other companies within the Ferrero Group for internal administrative purposes;

• Duly appointed data processors/intermediaries, providing specific processing or accessory services (e.g. storing data, sending out messages for us, web hosting, contests' management, consumer service, IT services regarding the Website operation, emailing) on Ferrero's behalf and under its instructions, whose data protection maturity has been checked by Ferrero before entering into the required data processing agreement. You may request the full updated list of appointed data processors, which may include other companies within the Ferrero Group, from our privacy officer using the contact details set out under the heading "DATA CONTROLLER/OWNER";

• Selected individuals authorized by Ferrero to process Personal Data to carry out activities strictly related to the provision of the services (e.g. technical maintenance of network equipment and electronic communications networks), who have undertaken an obligation of confidentiality or are subject to an appropriate legal obligation of confidentiality (e.g., employees of Ferrero);

• Anyone to whom our assets or businesses (or any part of them) are transferred; and

• Public entities, bodies or authorities in accordance with the applicable law or binding orders of those entities, bodies or authorities. We may also disclose your Personal Data when we believe in good faith that disclosure is necessary to protect your safety or the safety of others, investigate fraud, or respond to a government request.
 

DATA TRANSFER OVERSEAS

Personal Data may be transferred outside of Australia to other countries where the premises or the servers of Ferrero or of any of its affiliates or suppliers are located (including Singapore and countries in the European Union), provided that an adequate level of data protection is guaranteed.

Ferrero will not transfer Personal Data outside Australia unless it has taken reasonable steps to ensure that the transferred Personal Data will be accorded a level of protection which is comparable to the protection under the Privacy Act or any other data protection regulation, or Ferrero has obtained your explicit consent.
 

CHILDREN

In order to comply with laws protecting children's online privacy, Ferrero does not knowingly collect any Personal Data from children under 16. Ferrero takes children's privacy seriously. As such, we would recommend that a parent or guardian assist and guide any children under 16 which may intend to browse the Website or access the services provided by Ferrero. Children under age 16 should not use Ferrero’s Website or services.  In the event that Ferrero learns that it has inadvertently collected Personal Data from a child under the age of 16, Ferrero will promptly delete such information.
 

COOKIES

The Website uses cookies.  A Cookie is a small data file that our web server may send to your computer, mobile phone or other device when you visit the Website. The Cookie is stored on your device but does not identify you or give us any information about your device.

A Cookie helps us to recognise you when you re-visit the Website and to co-ordinate your access to different pages on the Website. Most Internet browsers allow you to erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your browser instructions or help screen. You might not be able to use the full functionality of the Website by refusing the use of Cookies.
 

LINKS

Please be aware that the Website may contain links to advertisers or other third party websites.  Some of these links may request or record information from users or use cookies or other methods to collect information from you.  This Privacy Policy does not apply to, and cannot govern the activities of, those other advertisers or third parties. We recommend that you check the privacy policy of each and every website you visit that collects Personal Data.

SECURITY OF PERSONAL DATA

Personal Data collected by Ferrero about you may be stored on servers in Singapore and the European Union and on cloud servers owned by third party cloud service providers.  All Personal Data collected and processed by Ferrero will be stored and processed so as to minimize the risk of destruction, loss (including accidental loss), unauthorized access, use or incompatible use with the initial purpose of collection. This is achieved by the technical and organizational security measures put in place by Ferrero. A detailed list of Ferrero's security measures is available here.

Although every reasonable effort has been made to ensure that all Personal Data will be protected, Ferrero cannot be responsible for any unauthorised use or misuse of such information and from risks which are inherent in all internet communications.

RETENTION OF PERSONAL DATA

Generally, Ferrero will keep your Personal Data only for as long as strictly necessary, according to the reason for which it was collected:

• Personal Data processed for Service Provision will be kept by Ferrero for the period deemed strictly necessary to fulfil such purposes. Information will, however, be kept for longer if we need it to address any claims regarding the services or to protect Ferrero's interests related to potential liability related to the Service Provision.

• Personal Data processed for Marketing and Profiling will be kept by Ferrero from the moment you give consent until such data is no longer necessary for the purpose for which it was collected. If consent is withdrawn (or not given, following a renewal request which occurs at fixed intervals of 24 months), Personal Data will no longer be used for these purposes, although it may still be kept by Ferrero as it may be necessary to protect Ferrero's interests related to potential liability related to this processing.

• Personal Data processed for Soft Spam will be kept by Ferrero from the moment it is provided by you to Ferrero. If you have objected to this processing, Personal Data will no longer be used for these purposes, although it may still be kept by Ferrero, in particular as may be necessary to protect Ferrero's interests related to potential liability related to this processing.

• Personal Data processed for Compliance will be kept by Ferrero for the period required by the specific legal obligations for which the Personal Data was processed.

• Personal Data processed for preventing Misuse/Fraud and Analytics will be kept by Ferrero for as long as deemed strictly necessary to fulfil the purposes for which it was collected.

After such periods, all Personal Data shall be deleted or anonymized, except that data we are required by law to keep for a longer period.
 

WHAT ARE YOUR RIGHTS? HOW CAN YOU EXERCISE THEM?

As a data subject, you are entitled to exercise the following rights, at any time:

• Obtain confirmation as to the existence of your Personal Data being processed by Ferrero, access and obtain copy of such data;

• Update, modify and/or rectify your Personal Data where it may be inaccurate or incomplete. Please note that most of the Personal Data you provide to Ferrero can be changed at any time, including your e-mail preferences, by accessing, where applicable, your user profile created on the Website;

• Object to or opt out of processing of Personal Data that is made for the purposes of sending advertising material, carrying out direct sales, market researches or for commercial communication, including interest-based advertising. We partner with a third party to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here or if located in the European Union click here. Please note you will continue to receive generic ads;

•  Withdraw your consent to processing (for Marketing and Profiling), where your consent serves as the legal basis for processing, in accordance with the process set out below - this will not affect the lawfulness of processing carried out prior to your withdrawal.

When requesting services via the Website, you may have selected one or more means of communication for the processing of Personal Data for Marketing purposes (e.g., phone, SMS, email, mail, social media). You may withdraw your consent to this processing for all selected means of communication, or you can choose to block specific means only (e.g., if you only withdraw consent for SMS marketing communications, you will not receive further communications via SMS, but may continue to receive them via e-mail), by changing your preferences on your user profile created on the Website, where applicable. You can also withdraw consent for Marketing (for communications received via e-mail) by selecting the appropriate link included at the bottom of every marketing message.

Consent for Profiling carried out by cookies may be withdrawn at any time. Where consent for Profiling was given via a specific tick box, you may withdraw this consent by changing your preferences, at any time, within your user profile created on the Website, where applicable. You may otherwise withdraw this consent by modifying your device settings or contacting Ferrero using the details set out under the heading "DATA CONTROLLER/OWNER".

If you wish to make a request or complaint about the way we have handled your Personal Data, you can contact our privacy officer at email address: privacy.apac@ferrero.com. Please include your name, email address and/or telephone number and clearly describe your query or complaint. We will acknowledge your email and respond to you regarding your query or complaint within a reasonable period of time. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
 

AMENDMENTS

This Privacy Policy was last updated on 15 November 2022.

Ferrero reserves the right to partly or fully amend this Privacy Policy, or simply to update its content, e.g., as a result of changes in applicable law. If Ferrero makes any material changes, we will notify you by means of this Website. Ferrero therefore invites you to regularly visit this Privacy Policy in order to acquaint yourself with the latest, updated version of the Privacy Policy, so that you may remain constantly informed on how Ferrero collects and uses Personal Data.