Last Updated: November 20, 2023
Effective Date: November 20, 2023
If you are a California resident, click here to view Section 6, “Your California Privacy Rights,” and our notice at collection 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 Contact Information. We collect your name, address, telephone number, and email address through a Site when you voluntarily submit it. On some Sites, we may also collect a username if you create one.
We collect Purchase and Payment Information. Where our Site offers you the ability to buy products from us directly, we collect information about your purchases on our Site. We collect your order history, including the products you purchased or browsed through our Site. We collect information about your product or shopping preferences. We also collect billing information, including your credit card information and billing address.
We collect Demographic Information. We collect information such as your age, gender, and birthdate.
We collect Location Information. We collect information about your general location, using your zip code, IP address, and information provided with your order.
We collect and develop Inferences. We draw inferences about you, your preferences, and your characteristics using the pieces of personal information collected about you.
We collect other information you submit or send. We collect other categories of information you provide when you contact us, make a request, complete a survey, or participate in a sweepstakes. If you win a prize in one of our promotions, we’ll collect a Social Security Number or tax ID number for tax purposes.
Sensitive Information. Some of the information described above may be considered “sensitive” under the laws of certain jurisdictions (including payment information, government ID numbers, and account login credentials) (“Sensitive Information”). Whether information is Sensitive Information will depend on the laws of your jurisdiction.
2. Sources of Your Information. We collect each of the categories of personal information described above from the following sources, depending on how you interact with us and the Site you visit:
We collect information directly from you. We ask you to submit information in certain instances, such as when you make a purchase, submit comments or questions, request information, participate in a promotion, contest or sweepstakes, or use other features or functions of a Site.
We get information about you from other companies. For example, our vendors and service providers give us information about you. Social media platforms also give us information about you.
We also combine information. For example, we combine information that we have collected offline with information we collect online. We combine information we get from a third party with information we already have. We aggregate information with other visitors’ information to understand preferences and trends over time.
3. Use of Your Information. We use each of the categories of personal information described above as permitted by law and for the purposes listed below:
To provide you with products and services and fulfill orders. We use your information to make our Sites available, present content on them, and keep them functional. We use your information to fulfill purchases you make on our Sites. We also use your information to provide you with access to certain areas and features on a Site – for example, if you create an account on our Site or to integrate with third party social media platforms.
For marketing purposes. We use your contact information to send you marketing communications about new products and special offers, including by email. Learn more about your choices for these communications in Section 5, “Your Choices” below.
For purposes we disclose when your information is collected, or for other purposes with your consent. For example, we will use your personal information for purposes we describe when you enter a contest or sweepstakes.
We use Sensitive Information for necessary or reasonably expected purposes – specifically, to provide you with services on our Platforms (i.e., to fulfill purchases and allow account logins), for tax purposes, and as authorized by law.
We may use de-identified or aggregated data for any purpose, unless prohibited by law. We do not attempt to re-identify de-identified data, except as permitted or required by law.
4. Sharing Your Information with Other Parties. We may share each of the categories of personal information described above with the following other entities:
Within the Ferrero corporate family, including our parent, subsidiary, and affiliated companies.
With our vendors and service providers, including 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, sending emails, or providing customer service). 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.
With advertising partners for their marketing purposes. These partners include other entities that co-sponsor a promotion with us. We also share information with third-party advertising partners though tracking tools on our Sites. These third-party partners include social media platforms, analytics companies, data brokers, and third-party advertisers. Personal information received by these third parties is also subject to their privacy policies. These third parties can share your information with others and use the information for their own marketing purposes or the marketing purposes of others. This may include the delivery of targeted advertising, cross-context behavioral advertising, and 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 will also share it if a government agency or investigatory body requests. We 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.
To any successor to all or part of our business. If another entity acquires Kinder or all or part of our assets or business, 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, personal information may be considered an asset of ours and may be sold or transferred to third parties.
We will also share information as otherwise permitted by law, or as we may notify you from time to time.
5. Your Choices and Your Privacy Rights.
You can opt out of our marketing emails. To stop receiving our marketing emails follow the instructions in any marketing 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 communications about your orders.
You can make certain requests.
- You can verify, correct, or update your information collected through a Site. See “How to Submit,” below, for instructions.
- Residents of certain US states can ask us to delete their personal information. If you live in California, Colorado, Connecticut, Utah, or Virginia, you (or your authorized agent) can send us requests to delete your personal information. Please note that your information may not be deleted in its entirety from our systems, and some information may be kept to comply with legal exceptions or obligations. We may also keep an archived copy of your records as required by law or for legitimate business purposes.
- Residents of certain US states can ask for access to their personal information. If you live in California, Colorado, Connecticut, Utah, or Virginia, you (or your authorized agent) can send us requests to access your personal information. We will provide access to your personal information in a portable and (to the extent technically feasible) a readily usable format. You can also request to confirm the processing of your personal information and request to revoke your prior consent.
- Residents of certain US states can appeal our decisions. If you live in California, Colorado, Connecticut, and Virginia, you can appeal our decision if you are not satisfied with the outcome of your request. Please send appeals by email with “Attention: Privacy Appeal” in the subject line.
- How to Submit: If you are eligible to make a request, you can do so by email at firstname.lastname@example.org, or by phone at 1-800-688-3552. We will use commercially reasonable efforts to honor your request in accordance with applicable law, and we will verify your identity by email. If you have an authorized agent submit a request on your behalf, we may still verify your identity and their authority to submit a request for you. We will not discriminate against you for exercising any of the rights outlined in this Policy. California residents can also view additional information about their rights in Section 6, “Your California Privacy Rights,” below.
You can opt-out of sale / targeted advertising on our Sites. You can opt out of the “sale” of your personal information, as well as certain types of “targeted advertising” on our Site (as these terms are defined under applicable laws and as described in Sections 3 and 4). Your request will be processed and fulfilled in accordance with applicable laws. To make a request, click Do Not Sell or Share My Personal Information here, or in the footer of our Site.
6. Your California Privacy Rights
If you reside in California, you can make the following more specific requests with respect to your personal information. We will not discriminate against you for making any of these requests.
- Know / 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, selling, or sharing the personal information, the categories of third parties to whom we disclosed the personal information, and the specific pieces of personal information we collected about you.
- Deletion: You can ask us to delete personal information that we maintain about you, subject to certain exceptions.
- Correction: You can ask us to correct inaccurate personal information that we maintain about you.
- Financial Incentives: From time to time, we may offer financial incentives in connection with the collection or use of personal information. The material terms of the financial incentive will generally be presented to you at the time you sign up. You may withdraw from any financial incentive at any time by emailing us at email@example.com.
How to Submit: California residents can make an access or deletion request online by emailing firstname.lastname@example.org or by calling us at 1-800-688-3552. California residents can make a Do Not Sell or Share My Personal Information request by clicking here, clicking our link in our Site footer, or by emailing us at email@example.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. 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:
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. These Sites are not intended for children. We do not knowingly collect personal information from any person under the age of sixteen (16). We do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age.
9. Security Practices. We use standard security measures, but the Internet is not 100% secure. We cannot promise that your use of our Sites will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords. 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. Retention Period. We will retain information for as long as it is reasonably needed or permitted in light of the purposes for which we collected it. We also retain information as required by law. The criteria we use to determine our retention policies include the length of our relationship with you, your requests, your continued use of our Sites, ongoing obligations such as contracts and services, and our legal obligations.
11. Jurisdiction. 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.
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