“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”):
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
Collection of Personal and Non-Personal Information.
Voluntarily Submitted Data
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.
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.
Use of Your PII. Ferrero's collection, use and disclosure of your PII is limited to the following purposes:
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.
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 firstname.lastname@example.org.
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.
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.
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.
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:
Targeting cookies may include profiling cookies for advertising purposes and retargeting.
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).
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.
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):
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/.
Last revision date: November 20, 2020