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PRIVACY POLICY

Effective Date: December 15, 2017

 

FERRERO CANADA LTD. ("Ferrero," "we," or us") respects your privacy and is committed to protect it during and after your visit of this site, its related mobile site and of any microsites (which may be administered by a third party on behalf of Ferrero) which may be accessed through this site (each referred to as "Site," and collectively the "Sites"). Ferrero has a registered office at 100 Sheppard Avenue East, Suite 900, M2N 6N5 North York, Ontario. This privacy policy ("Privacy Policy") discloses our practices with respect to the collection of information through the Sites and our use and disclosure of such information. This Privacy Policy applies solely to information collected through the Sites, and does not apply to information collected through any other sources, including, without limitation, Facebook, Twitter, YouTube and other third party and social media websites. Please be advised that Ferrero is not responsible for any other websites maintained by Ferrero's corporate affiliates. If you do not agree with any term in this Privacy Policy, please do not use the Sites or provide any personal information to us. By using the Sites and by providing personal information to us, you consent to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

 

Collection of Personal and Non-Personal Information

 

Voluntarily Submitted Data

With the exception of certain Site Usage Data (as defined below) we collect and store personally identifiable information about you (i.e., information that may be identified as being about you, such as your age, name, address, telephone number, email address, screen name and/or financial information) ("PII") through a Site only when you voluntarily submit it. We may request that you provide us with your PII in certain instances, such as when you use a customer order form to purchase products and services offered by us, submit comments or questions, request information, participate in a promotion, contest or sweepstakes or utilize other features or functions of a Site. We collect for your PII for the purposes stated in this Privacy Policy, or for such other purposes as will be disclosed to you at the time the information is being collected. We will not require you to provide more information than is necessary to participate in the activities on our Sites.

If you opt not to provide us with PII you can still access our website, however you will be unable to participate in certain promotions, create login credentials in order to use certain functionalities on the site, activate or use a service, have a purchase order fulfilled or receive product information.

Certain pages of the Sites may allow you to create login credentials by typing in your user name/ID or email address and password and other information, or by using one of the available social media authentication methods such as Facebook, Google +, and Yahoo. If you choose to create login credentials using your account with one of the available social media authentication tools, you allow us to access your information that is publicly available or that you have made publicly available (e.g., name, user ID, profile picture), and information you "Allow" the website to access. By authenticating through one of the social media options, you allow us to receive your information that is accessible. We encourage you to review the privacy policy and any terms and conditions, for the method you choose to utilize for authentication.

 

Site Usage Data and Cookies

When you connect to a Site, there is certain PII transmitted inherently through the use of internet communication protocols ("Site Usage Data", e.g. your IP address, the type of browser you are using, and the pages visited on our Sites) that may permit us to serve tailored ads to your device. Site Usage Data may be collected, used and stored by Ferrero through the use of "cookie" technology.

In addition, other parties such as advertising partners and analytics providers may collect information about your online activity over time and across the Sites, through the use of cookies. This information assists us to update a Site so that it remains interesting to our visitors and contains content that is tailored to visitors' interests. You may set your computer browser to disable cookies or to alert you when cookies are being sent. If you disable cookies, we may be unable to optimize your visit to a Site and certain features on the Site may not be available.

For more information about the use of cookies on the Sites please visit our cookies policy here.

Use of Your PII. Ferrero's collection, use and disclosure of your PII is limited to the following purposes:

• To respond to your questions and comments; to provide you with access to certain areas and features on a Site; and to communicate with you about your activities on a Site.

• To fulfill your requests.

• To investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the rules or policies of a Site, or the rights of third parties; or to investigate any suspected conduct which we deem improper.

• To the extent that you provide us with financial information (such as credit card or bank account numbers) in connection with shopping or commercial services offered on a Site, we may use the financial information that you provide to fulfill your order.

• To help us develop, deliver and improve our products, services, content and advertising.

• To share with our parent, subsidiary, and affiliated companies, and promotional partners involved in creating, producing, delivering, or maintaining a Site, as required to perform functions on our behalf in connection with the Site (such as administration of the Site, administration of promotions or other features on the Site, marketing, data analysis, and customer services). Further use or disclosure of PII by these parties for other purposes is not permitted.

• To share with third party service providers whom we employ to perform functions on our behalf in connection with the Site (such functions may include, but are not limited to, order fulfilment, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data and providing marketing assistance, processing credit card payments, and providing customer service). These third party service providers, acting as Ferrero's data processors, have access to PII that is needed to perform their functions, and may collect or store PII as part of their performance of these functions, but are not authorized to use it for other purposes.

• For our internal purposes such as auditing, data analysis, and research to improve our products, services and customer communications.

• For other purposes as disclosed when your PII is collected or in any additional terms and conditions applicable to a particular feature of a Site.

• For disclosures required by law, regulation, or court order.

• For the purpose of or in connection with legal proceedings or necessary for establishing, defending, or exercising legal rights.

• For such other purposes as are disclosed to you at the time the information is being collected.

Please note that certain uses of your PII, as described above, may involve the transmission of your PII to jurisdictions outside of Canada, including the United States and/or Luxembourg. As such, your personal information may potentially be accessible to law enforcement and national security authorities of these jurisdictions.

Except as provided for in this Privacy Policy, we will not provide any of your PII to any third parties without your specific consent.

Marketing purposes. You may choose whether you wish to receive marketing communications from us, and you may change your privacy preferences at any time by giving us written notice. If you choose not to receive any promotional communications from us, we will not send you purely promotional messages and will not share your personal information with other companies. We may still contact you for administrative purposes, such as confirming a purchase order or request further requests you've made.

Managing Your Personal Information. You have the ultimate control over the PII that we collect and use. You can always chose not to provide voluntary PII, but please keep in mind that you may not be able to use some of the features offered by a Site unless you provide us with certain PII (e.g., we will not be able to fulfill your purchase order without certain PII). If you wish to verify, update, cancel or correct any of your PII collected through a Site or amend your consent, contact us at privacy.canada@ferrero.com.

 

Sharing of information with Ferrero Affiliates

PII that you provide to us in the course of using our site features or requesting a product or service through this Site may be gathered and stored in one or more of our corporate databases. We may share PII that we collect about you with companies related to Ferrero by common control or ownership, as a normal part of conducting business and offering products and services to our customers.

Site metrics for this site may also be shared with companies related to Ferrero by common control or ownership. The information shared will be aggregate data and will not include any of your PII.

Protection of Children's Privacy. Ferrero takes the protection of children's privacy seriously. We operate the Sites in compliance with all applicable laws. We do not collect PII from any person under the legal age of majority unless we are permitted by such laws to do so.

Security Practices; Retention. The security of your PII is very important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or information stored on a Site or our servers will be completely free from unauthorized access by third parties, such as hackers. Your use of a Site demonstrates your assumption of this risk. We retain information that we collect as long as it is necessary and relevant for the purposes of collection unless a longer retention period is required or permitted by law.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE LOSS OR OTHER DAMAGES OF ANY KIND, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) THAT YOU MAY SUFFER DUE TO ANY LOSS, UNAUTHORIZED ACCESS, MISUSE, OR ALTERATION OF ANY INFORMATION YOU SUBMIT TO A SITE.

Governing Law/Jurisdiction. All matters relating to a Site and/or this Privacy Policy are governed by and construed in accordance with the laws of Ontario and the Federal laws of Canada applicable therein, 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 this Privacy Policy shall be in appropriate courts located in Ontario.

Transfer of Assets. During the course of our business, we may sell, purchase or grant a security interest in our assets, including your PII and Site Usage Data. For example, another entity may acquire Ferrero or all or substantially all of Ferrero's assets, in which case PII and Site Usage Data that we have collected about the users of the Sites may be disclosed or transferred to the acquiring entity. Also, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold, disclosed or transferred to third parties.

Severability. If any term or provision of this Privacy Policy 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.

Changes and Updates to our Privacy Policy. Ferrero reserves the right to change or update this Privacy Policy at any time and without prior notice to you. Please check back from time to time for any changes or updates to our Privacy Policy, which will be posted here and will reflect an updated effective date on the first page of the Privacy Policy should any changes or updates be made.

Contact Information. Should you have any questions or comments regarding the Sites or this Privacy Policy, you may contact Ferrero's designated privacy officer in Canada, by using the email address privacy.canada@ferrero.com.

Interpretation. Notwithstanding anything to the contrary therein, this Privacy Policy does not create or confer upon any individual any rights, or impose upon Ferrero any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada's federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.