FERRERO Australia Pty Ltd.
Ferrero Australia Pty Ltd ("Ferrero," "we," or us") is the owner of the content on and operator of http://www.kinderbrands.com.au / http://www.kinderbrands.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.
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.
- 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.
- 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).
- 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.
- 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.
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.
© 2015 Ferrero [*]. All rights reserved.
You can browse Ferrero's websites, view content, and enjoy many features without any personal information being collected. We do not require personal information for you to use our products or gain access to our websites. However, you will not be able to utilise certain features that require registration, or receive materials such as newsletters, unless such information is provided. Further, our ability to meet our obligations to you or to process any request or application may be adversely affected if you do not give us the requested personal information, or if the information you give us is incomplete or inaccurate.
What type of personal information do we collect and how?
The information we collect may include your name, address, telephone number and email address. We may also collect other demographic information such as date of birth, gender, interests, hobbies and preferences, and combine this with your personal information. If you have specific dietary requirements, allergies or religious compliance needs, we may need to know this information about you to be able to assist with enquiries regarding our products. If you purchase products or services online you will be required to provide additional information such as a valid credit card details and postage and billing address. Please note that depending on the Ferrero website you are visiting, many of the activities listed above may not be available and as such personal information may not be collected.
We will only collect personal information from you when you knowingly and voluntarily provide us with information, including when you:
- register or provide information on our websites;
- purchase products or services from us;
- enter into a promotion, sweepstake or contest;
- participate in a program, poll, online game, message board, survey or questionnaire;
- subscribe to our mailing list, or sign up to receive our newsletters or other materials, including promotional materials;
- send us questions or request information about products, services, offers or features;
- request or receive customer or technical support; or
- apply for employment with us.
How do we use and disclose personal information?
You acknowledge and consent to the use and disclosure of your personal information in circumstances that are:
- clearly explained to you at the time the information is collected from you; or
- required or permitted by law.
We may use the personal information that you give to us:
- to improve our products, services or internal processes;
- for reasonable business purposes including customer service, record keeping, transaction and order fulfilment, marketing, research, auditing our internal operations, and to resolve product satisfaction claims;
- to provide you with products, services, newsletters or information that you have requested;
- to send you occasional offers or information on products or services that we consider may be of interest to you, or features, offers, promotions, contests, events, new products, enhancements, newsletters, information on functional changes to our websites or policies, or other information about Ferrero; or
- for any other purpose that is stated to you at the time of collection or that you otherwise authorise.
We may disclose personal information that we collect from you to a third party:
- to meet the purpose for which it was collected including to provide you with products, services or prizes;
- if we have your consent to disclose the information;
- to assist with internal website support operations, including online product fulfilment, email services or technical support;
- if we are required or permitted by law to disclose the information, including for example to comply with a court order or regulatory investigation;
- in the event of a merger, acquisition or any other change in ownership of all or a portion of Ferrero's business (in which case your personal information may be transferred to the new owner so that the business can continue its operations);
- to protect the safety and security of our customers and our websites;
- to enable us to deal with any concern, issue or complaint you have raised with us, including disclosing details of any such matter to Ferrero's related bodies corporate overseas and also to professional advisors and service providers; or
- if your personal information is collected in connection with a joint promoter or service provider, to that organisation for marketing and research purposes, but only if that disclosure was disclosed to you at or before the time of collection.
Ferrero allows you to tell us the way in which you would like us to use your personal information. At the time you provide personal information, Ferrero may give you the option of declining further offers or information. In addition, materials sent to you by Ferrero will give you the ability to unsubscribe.
Cross-border disclosure of personal information?
We may deal with third parties, such as service providers or related bodies corporate that are located overseas. As a result, your personal information may be disclosed to a recipient in a foreign country, including but not limited to countries of the European Union and the United State of America. We will to take reasonable steps, in the circumstances, before disclosing personal information to an overseas recipient to ensure that the overseas recipient does not breach privacy laws in relation to that information.
Security, Accuracy and Access
We will take reasonable technical and organisational steps to ensure that the personal information we hold is:
- accurate, complete, up-to-date, relevant and not misleading;
- stored in a secure environment; and
- protected from misuse, interference and loss as well as unauthorised access, modification or disclosure.
If any of your details change, please let us know as soon as possible by using the contact details below so we can maintain the accuracy of your personal information.
From time to time we review our security procedures to consider appropriate new technology and methods. However please appreciate that despite our best efforts, no security measure is perfect or impenetrable due to the nature of email and the internet, and we cannot guarantee the privacy or confidentiality of your personal information.
You have a right to access any personal information we hold about you. We will comply with any request to access your personal information except where the Privacy Act 1988 (Cth) or the APPs allow us to refuse to do so. There is no fee for making a request to access your personal information but we may charge a fee for giving you access to your personal information in a mutually agreed format, usually by sighting the accessible information held on file.
You also have a right to ask us to correct personal information about you that is inaccurate, incomplete, out-of-date, irrelevant or misleading. If we refuse to correct your personal information as requested by you, we will notify you in writing of the reasons for the refusal (unless it would be unreasonable to do so) and, upon request from you, we will attach a note recording the correction that you sought to the relevant information, so that it can always be read with that information.
You may also request that we delete your personal information. We will comply with your request unless we are required by law to keep the information.
Any requests for access to, or correction of, your personal information should be made directly by emailing us at firstname.lastname@example.org. In every case where we receive a request to either correct or delete personal information concerning you, we will inform you of the action taken as a result of that request (whether or not the request is granted).
We do not actively seek to collect sensitive information from you. We will not disclose sensitive information (such as information about your health, racial or ethical origins or political or religious beliefs) except with your specific consent or in circumstances permitted under Australian or New Zealand privacy legislation.
If a child under 15 has provided us with personal information, a parent or guardian of that child may contact us at the email address listed below if they would like this information deleted from our records. We may collect information from parents to allow children to participate in certain activities offered on any of our websites and within our children's subscription services.
We have implemented technical, administrative and physical security measures to protect children's personal information from unauthorised access and improper use.
Each time you visit any of our websites 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 websites' 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.
If you have any questions, comments or complaints about how we handle your personal information, please contact us at email@example.com. You can also contact us at:
Ferrero Australia Pty Ltd
Level 18, 168 Walker Street
NORTH SYDNEY NSW 2060
1800 627 231
0800 441 512
We will consider and respond to any complaint notified to us within a reasonable time. We will always endeavour to answer your questions efficiently and correctly and try to resolve any complaint you may have about our privacy handling procedures to your satisfaction.
In case of dissatisfaction you may decide to contact the Privacy Commissioner in the relevant jurisdiction:
Office of the Australian
SYDNEY NSW 1042
Telephone: 1300 363 992
Privacy Commissioner of NZGPO
PO Box 10094
Telephone: 0800 803 909