Ferrero U.S.A, Inc.
Privacy Policy
Last Updated: November 24, 2021
Effective Date: November 24, 2021
Ferrero U.S.A., Inc. (“Ferrero,” “we,” or us”) respects the privacy of its customers when they visit our websites, and through or in connection with apps or software sponsored by us, respond to our emails, place orders via mail, fax or phone, or otherwise contact us (each a “Site,” and collectively the “Sites”). This privacy policy (“Privacy Policy”) discloses our practices with respect to the collection of information through the Sites and our use of the information. By using the Sites, you agree with the terms of this Privacy Policy. If you do not agree with any term in this Privacy Policy, please do not use the Site(s) or provide any information to us.
If you are a California resident, click here to view the “Your California Privacy Rights” section for information provided pursuant to California law.
1. Collection of Information From and About You. We collect certain categories of personal information from and about you, depending on how you interact with us.
- We collect Demographic Information. We may collect information such as your age, gender, and birthdate.
- We collect Contact Information. We may collect your name, address, telephone number, email address, and/or username through a Site when you voluntarily submit it.
- We collect Device, Internet, and Network Activity Information. When you connect to a Site, there is certain technical information that may be collected through the use of “cookies” and other tracking tools. This information may include, but is not limited to, your IP host address, internet browser type, personal computer settings, and the number, duration, and character of page visits. We collect information about users over time when you use the Site. For example, we may look at what site you came from, or what site you visit when you leave us. We may also have third parties collect personal information this way. 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. Learn more about these tools, and how you can control them, here.
- We collect and develop Inferences. We may draw inferences about you, your preferences, and your characteristics using the pieces of personal information collected about you.
2. Sources of Your Information. We collect personal information about you from various sources, depending on how you interact with us. For example:
We collect information directly from you. We may request that you submit information in certain instances, such as when you submit comments or questions, request information, participate in a promotion, contest or sweepstakes, or utilize other features or functions of a Site.
We collect information from you and your devices passively. We use tracking tools like browser cookies and web beacons. We do this when you interact with our Sites, our ads, and in emails that we send to you.
We get information about you from third parties. For example, our vendors and business partners may give us information about you. Social media platforms may also give us information about you.
We may also combine information. For example, we may combine information that we have collected offline with information we collect online. Or we may combine information we get from a third party with information we already have.
3. Use of Your Information. We may use each of the categories of personal information described above as disclosed and described here:
- To provide you with services and to respond to your questions, comments, and requests; to provide you with access to certain areas and features on a Site; and to improve our products and services. We may also use your information to customize your experience with us.
- To communicate with you, including about your activities on a Site, our relationship, or your feedback. We may also contact you about this Privacy Policy or our website Terms.
- For marketing purposes, including to provide you with information about new products and special offers, and to serve you with ads about our products and offers. We may tell you about new features or updates. We may also tell you about third party offers or products we think you might find interesting. To learn about your choices for these communications, read the “Managing Your Personal Information” section below.
- For security, safety, and due diligence; 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.
- For other purposes as disclosed when your information 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, or if a government agency or investigatory body requests.
- For the purpose of or in connection with legal proceedings or necessary for establishing, defending, or exercising legal rights. For example, we will use certain pieces of personal information to verify your identity if you make requests under this Privacy Policy. The verification steps and the pieces of personal information that we request may vary depending on the sensitivity and nature of your request.
- In an emergency to protect the health or safety of users of a Site or the general public, or in the interests of national security.
- As otherwise permitted by law, or as we may notify you from time to time.
4. Sharing Your Information with Other Parties. We may share each of the categories of personal information described above with the following other parties:
- Our parent, subsidiary, and affiliated companies, and promotional partners.
- Entities 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, fulfillment partners, payment processors, or customer services). In order to share such information, it may be necessary for us to transmit your information outside the jurisdiction set forth below and you agree to this transfer. Further use or disclosure of information by these parties for other purposes is not permitted.
- Third parties for their marketing purposes. These third parties may include our promotional partners and other business partners. These may also include third parties in whose products or services we believe you may be interested. These third parties may also share your information with others. These third parties may use the information for their own marketing purposes, or the marketing purposes of others. This may include the delivery of interest-based advertising.
- If we think we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share information when we are investigating potential fraud. This might include fraud we think has happened during a sweepstakes or promotion. Or we may share your information if you are the winner of a sweepstakes or other contest with anyone who requests a winner’s list.
- Any successor to all or part of our business. During the course of our business, we may sell or purchase assets. If another entity acquires Ferrero or all or part of our assets, information that we have collected about the users of the Sites may be transferred to such 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 or transferred to third parties.
- As otherwise permitted by law, or as we may notify you from time to time.
5. Managing Your Personal Information. If you wish to verify, update, or correct information collected through a Site, contact us by mail at Ferrero U.S.A, Inc., Attn: Legal Department – Privacy Policy, 7 Sylvan Way, Parsippany, NJ 07054.
You can opt out of receiving our marketing emails. To stop receiving our promotional emails, please contact us at 1-800-688-3552 or follow the instructions in any promotional message you get from us. Even if you opt out of receiving marketing messages, we will still send you transactional messages. These include responses to your questions and other communications with our customer service team.
You can also control certain cookies and tracking tools. To learn how to manage how we – and our vendors – use cookies and other tracking tools, and to read our Do Not Track policy, please click here.
6. Your California Privacy Rights
If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make such a request, please write to us at Ferrero U.S.A., Inc., Attn: Legal Department – Privacy Policy, 7 Sylvan Way, Parsippany, NJ 07054; or email us at privacy.usa@ferrero.com. Please indicate in your letter or email that you are a California resident making a “Shine the Light” inquiry.
If you reside in California, you can make the following more specific requests with respect to your personal information:
- Access: You can ask us for access to the categories of personal information we collected about you, the categories of sources from which we collected the personal information, the categories of personal information we sold or disclosed, our business or commercial purpose for collecting and selling the personal information, the categories of third parties with whom we shared the personal information, and the specific pieces of personal information we collected about you over the past 12 months.
- Deletion: You can ask us to delete personal information that we maintain about you, subject to certain exceptions.
- Do Not Sell My Personal Information: You can ask that we not sell your personal information by clicking Do Not Sell My Personal Information (Do Not Sell My Personal Information) or emailing privacy.usa@ferrero.com. For purposes of this Privacy Policy, “sell” means the sale of your personal information to an outside party for monetary or other valuable consideration, subject to certain exceptions set forth in applicable California law. Please note: you will need to separately visit our About Our Ads page and https://optout.privacyrights.info to opt out of certain uses of cookies for advertising purposes. Your selections are specific to the device, website and browser you are using, and are deleted whenever you clear your browser’s cache.
We will not discriminate against you for making any of these requests.
How to Make Requests: California residents can make an access or deletion request online by emailing privacy.usa@ferrero.com or by calling us at 1-800-688-3552. California residents can make a Do Not Sell My Personal Information request by clicking here (here) or by emailing us at privacy.usa@ferrero.com. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. For purposes of these requests, personal information does not include information about job applicants, employees and other of our personnel; information about employees and other representatives of third-party entities we may interact with; or information we have collected as a service provider to our clients (except as provided by California law).
Verification and Authorized Agents: We will verify your identity prior to responding to your requests. The verification steps may vary depending on the sensitivity of your personal information. You may designate an authorized agent to make a request on your behalf. When submitting the request, the authorized agent must be identified as an authorized agent.
Additional Disclosures: Please note the following regarding how we collect, use, and share your personal information, including in the previous 12 months:
- We may collect, use, and disclose, for our business and commercial purposes, the categories of personal information set forth in more detail in Section 1 above. We collect and use these categories of personal information for the business and commercial purposes described in Section 3 of this Privacy Policy. We collect these categories of personal information from the sources described in Section 2, above. To the extent permitted by applicable law, we may disclose these categories of personal information for the business and commercial purposes described in this Privacy Policy to the categories of third parties as described in Section 4 of this Privacy Policy.
- We may “sell” certain categories of personal information, including: identifiers; payment and customer records information; characteristics of protected classifications under California or federal law (such as demographic information like age and gender); commercial information; internet or other electronic network activity; geolocation data; and inferences. We may “sell” these categories of personal information to the categories of third parties described in Section 4 of this Privacy Policy (to the extent permitted by applicable law).
7. 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 assess 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 a Site, unless expressly stated otherwise, we do not control, recommend, or endorse and are not affiliated with these websites or their content, products, services, or privacy policies. Downloading material from certain websites may risk infringing intellectual property rights or introducing viruses into your computer system.
8. Protection of Children’s Privacy. Ferrero takes the protection of children’s privacy seriously. We operate the Sites in compliance with all applicable laws in the jurisdiction set forth below. Our Sites are not intended for children. We do not knowingly collect personal information from any person under the age of thirteen (13) without prior verifiable parental consent.
9. Security Practices. The security of your information is very important to us. We have put in place standard 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 safe. Your use of a Site demonstrates your assumption of this risk. 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.
10. Governing Law/Jurisdiction. All matters relating to a Site and/or this Privacy Policy are governed by the laws of the State of New York (USA), 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 the County of New York, State of New York (USA) We do not warrant or imply that the Sites or content/materials on the Sites are appropriate for use outside of the United States. The information set forth on the Sites concerning any products or services is applicable only in the United States, and these products and services may not be available in all locations. If you are located outside of the United States, you are solely responsible for compliance with any applicable local laws, which may not afford the same level of protection as those in your country.
11. 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.
12. Changes and Updates to our Privacy Policy. Ferrero reserves the right to change or update this Privacy Policy at any time. We will notify you email and/or website posting of any material changes to our Policy as required by law. 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.
13. Contact Information. Should you have any questions or comments regarding the Sites or this Privacy Policy, you may contact us by mail at Ferrero, U.S.A., Inc., Attn: Legal Department – Privacy Policy, 7 Sylvan Way, Parsippany, NJ 07054. You can also call us at 1-800-688-3552.
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