“Gentle Messages” general usage terms

The following terms and conditions (the “Terms”) govern your use of the Gentle Messages platform (the “Platform”) provided by the Ferrero Group (“Ferrero”):

1. Any misuse or inappropriate use of the Platform, or any part of it, is prohibited. As mere example, the User agrees not to use the Platform in a way 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 to privacy;
   • constitutes personal data processing without the prior consent of the person to whom said data refer;
   • is threatening, harassing, or that promotes bullying, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
   • promotes discrimination of any kind (e.g., based on race, sex, religion, nationality, disability, sexual orientation or age);
   • is inaccurate, false, or misleading in any way;
   • is illegal or promotes any illegal activities;
   • constitutes and/or promotes illegal or unauthorized copying, alteration, modification or diffusion of another person’s copyrighted work or links to said work, or provides information to circumvent any security measures;
   • 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.
2. Ferrero is entitled, at its sole discretion, to block and / or restrict the access to (and the use of) the Platform to any User who violates these rules.
3. The User is solely liable for his/her behaviour, for any content, materials, accuracy and appropriateness that occurs within the usage of the tool and for all data, texts, files, information, usernames, images, graphics, photos, profiles, audios and video clips, sounds, musical compositions, works of intellectual property, applications, links and other contents or materials published or displayed participating in usage of the tool.
4. Content and Intellectual Property Right
    

   The content and all other materials on the Platform, including, without limitation, copyrights and other intellectual property rights in the artwork, graphics, photographs, texts, videos and audio clips, trademarks and logos available (collectively the "Content") are under license or owned by the Ferrero Group and/or its affiliates and licensors. 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 the Ferrero Group. All rights not granted under these Terms are expressly reserved by the Ferrero Group. All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Platform are either the trademarks or any other marks (registered or unregistered) of the Ferrero Group, its affiliates and/or its licensors, unless otherwise stated herein. The Ferrero Group, its affiliates and its licensors expressly reserve all intellectual property rights in all content on the Platform. No license is granted to any User in connection with any Content contained on the Platform. In its sole discretion, the Ferrero Group, 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.

   GM3 music content presented on tictac.com was selected by tic tac global agency, thanks to Tic Tac® music channel presence and on a basis of Spotify Terms and Conditions and presented in-line with Spotify requirements through Spotify widget. The artists whose music is presented do not have contracts with the Ferrero Group.

 

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.

 

A cookie is a small text file carrying bits of information about the activity of a user on a website and storing them on the device used to access the website. Cookies do not harm your device and allow us to offer you a better browsing experience and quicker response on our website. Any additional information, including allowing us to serve you ads, shall only be stored upon your prior consent to be given by any of the means specified below.

We recommend you carefully read the following information to better understand what type of cookies we use and how you can customize the use of cookies based on your preferences.

Types of cookies we may use on the website:

Our website may use both cookies that do not need your consent to be downloaded onto your device and cookies that can be downloaded only upon your prior consent.

A. Strictly Necessary Cookies (NOT requiring your prior consent): These are necessary for the operation of the website, including to perform tasks such as providing services which you request over the website, recording your preferences (for example, cookie preferences) and keeping you logged into your registered account. To ensure proper operation of such cookies and ensure recording of your preferences, these cookies shall not be deleted when you finish browsing. Notwithstanding, these cookies shall have a validity period (not exceeding 2 years) beyond which they will be automatically deactivated. These cookies and information carried by them shall not be used for purposes other than those described above. Installation of strictly necessary cookies does not require your prior consent: we automatically set them on your device when you access the website or make specific choices on the website (for instance, when you select your cookie preferences, or click the “Remember me” option). You may decide to delete these cookies thereafter through your browser’s settings (more information on this is provided below).

B. Performance Cookies (requiring your prior CONSENT): These are used to count visits and traffic sources to the website, so that we are able to measure the website’s performance (by checking which pages and sections are more popular) and better understand how users make use of our website to identify areas in need of improvement. The information collected by these cookies is aggregated, so that it cannot be linked to any individual user – this makes this information anonymous. You can freely choose not to allow these cookies from the start, or you can disable these cookies later, through the Privacy Preference Center (more information on this is provided below).

C. Functional Cookies (requiring your prior CONSENT): These are necessary for specific functions that you interact with within the website, such as videos or live chats, to work properly. They can be used, for example, to store technical data needed to playback video or audio content that you might interact with on the website. Provided you have consented, these cookies are set on your device in one of two ways: 1) such functions are loaded automatically; or 2) such functions are actively engaged by you on the website. The cookies are set either by us or by the third parties providing the specific functions in question. You may decide to disable these cookies at any time through the Privacy Preference Center (more information on this is provided below).

D. Targeting Cookies (requiring your prior CONSENT): Our website also uses targeting cookies, which can only be installed upon your prior consent. Provided you have consented, targeting cookies installed by this website include cookies belonging to third parties. You can freely choose not to allow these cookies from the start, or you can disable these cookies later, through the Privacy Preference Center (more information on this is provided below).
Such third parties may access the information collected through their cookies. A non-exhaustive list of said third parties is the following:

• Google Inc. (through its services Google Analytics and Google Doubleclick and, where applicable, through the Google Plus plug-in)
• Facebook (through plug-ins)
• Twitter (through plug-ins)
• Pinterest (through plug-ins)
   

Targeting cookies may include profiling cookies for advertising purposes and retargeting.

• Profiling cookies for advertising purposes: they create user profiles to serve ads that are in line with the preferences showed by users as they surf the web;
• Retargeting cookies: they are used to serve ads relating to products that are similar to those into which you showed an interest (e.g., displaying pages on products that you have visited on our website when you browse affiliate websites) or to measure effectiveness of our or third parties’ marketing campaigns.
   

E. Social Media Cookies (requiring your prior CONSENT): Our website allows certain social networks (e.g., Facebook, Twitter) to install their own cookies by means of their plug-ins. Such cookies are directly managed by third parties and may also be used to serve ads to you that are in line with your preferences, when you browse other websites. You can freely choose not to allow these cookies from the start, or you can disable these cookies later, through the Privacy Preference Center (more information on this is provided below).

Performance, Functional, Targeting and Social Media Cookies shall only be installed upon your prior consent. For this reason, when you access our website, a special banner informs you that our website uses cookies, belonging to us or to third parties, for various purposes and asks you to provide specific consent to the use of those cookies. We will track your consent (if given) by means of a dedicated Strictly Necessary Cookie. As a result, the banner on cookies shall not be displayed anymore if you visit our website again in the future. Should you decide to delete Strictly Necessary Cookies after your visit to our website, please bear in mind that we will lose track of your consents and, as a consequence, the banner on cookies will be presented to you again, at your next visit of our website. At any time, you may freely decide to block the setting of any cookies on this website, through the Privacy Preference Center, or via your browser (though blocking certain functional cookies may prevent the operation of some functionalities of the website). You can also freely withdraw any previously given consent for profiling cookies by the same means, without affecting your ability to visit the website and use the relevant contents. If you wish to learn more on how to block the use of cookies on the website (and third-party cookies in particular), please carefully read the section below, as well as the third-party cookie policies provided below.

How to enable and disable cookies

You may decide whether you want to allow cookies to be installed or not by using our cookie management platform or your browser’s settings. However, should you disable one or more cookies, certain features of this website may be impaired as a result (please bear in mind that browsing cookies are necessary for the proper operation of the basic features of the website).

The browser configuration relating to this choice may also be monitored and modified in your browser’s settings panel. Please select your browser among those below to receive information about how to modify the relevant cookie settings.

Chrome
Firefox
IE
Opera
Safari

You can also do so via the Privacy Preference Center which is accessible through the cookie settings at the bottom of this page.

Third party cookies requiring consent:

The installation of Performance, Targeting and Social Media Cookies belonging to third parties, as well as any other activity relating to such cookies, including collection and processing of information, shall be the responsibility of such third parties. If you wish to learn more on such cookies and the third parties that may access the information collected or on how to enable or disable them, you may read the cookie policies of such third parties by clicking any of the following links (the list is not exhaustive):

• Google Analytics
• Google Doubleclick
• Facebook
• Pinterest
• Twitter

In addition, certain advertising networks allow you to deny consent to customized communications. This will not prevent cookies from being installed, but will suspend the use and collection of certain data by the advertisers affiliated to the network. Please note that, although such networks include many of the leading advertising companies, a third party that sets cookies through the website may not belong to any such networks and, as a consequence, you may continue to receive cookies from said third party. If you wish to learn more on this matter, we invite you to visit the following address: http://www.youronlinechoices.com/it/.

The processing of personal data of the users is carried out by Ferrero Canada Limited, with offices at 100 Sheppard Avenue East, Suite 900, North York, ON M2N 6N5, in its capacity as data controller. If you wish any further information concerning the methods and purposes of the processing as well as the exercise of the rights granted to users, please carefully read our Privacy Policy. We recommend and encourage you to regularly check this Cookie Policy to become aware of any amendments to it.

Last revision date: November 20, 2020