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:
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 behavior, 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.
Ferrero International (“Ferrero”) is committed to protecting the privacy of users of this website (the “Website”) and will do everything in its power to ensure that users’ Personal Data is treated with respect to their fundamental rights and freedoms as well as personal dignity, with particular reference to confidentiality.
We may require users to provide certain personal information and details in order to provide our services, and we would therefore like to explain the procedures and ways in which we handle data supplied to us.
In general, any information and data which you provide, or which is otherwise gathered by us in the context of the Website, will be used by Ferrero in compliance with Regulation (EU) 2016/679 (“GDPR”).
This means, in particular that any Personal Data processing carried out by Ferrero will respect the principles of lawfulness, fairness, transparency, purpose limitation, storage limitation, data minimization, accuracy, integrity and confidentiality.
The Data Controller regarding all Personal Data processing operations carried out through the Website is Ferrero, with registered offices at 16, Route de Trèves - L-2633 Senningerberg - Luxembourg.
Ferrero has appointed a local coordinator for privacy/Data Protection Officer (DPO). To get in touch with him/her for any information regarding the processing of Personal Data by Ferrero, including a list of its data processors, please contact: firstname.lastname@example.org.
What information do we collect from you?
As you use the Website and, in particular, as you provide information and upload files to the Website in order to access the Website’s services, Ferrero may collect and process information related to you as an individual and which allows you to be identified, either directly or together with additional information (“Personal Data”). This information can be collected by Ferrero both when you choose to provide it (e.g., when you request any services provided by Ferrero over the Website) or simply by analyzing your behavior on the Website.
Data voluntarily provided by users
When creating an account on the Website, you will be asked to provide certain Personal Data such as contact details (e.g. your name, email address, telephone number, country of residence and physical address) and marketing preferences, for the purposes listed below.
Where the Website allows you to register through your personal profile in social media (Social Login) with your prior and revocable consent, we may access the same limited information included in such profile, related to your name, age, location, likes, interests, contacts and images.
The Website’s operation, as is standard with any websites on the Internet, involves the use of computer systems and software procedures, which collect information about the Website’s users as part of their routine operation, whose transmission is automatic when using Internet communication protocols.
Although Ferrero does not collect this information in order to associate it to specific users, it is still possible that, by their nature and through processing and association with further data held by third parties, such data may permit to identify user, either directly via that information or by using other information collected. As such, this information must also be considered Personal Data.
Such data shall only be used by Ferrero for aggregated, statistical purposes about the use of the Website, without associating them to any identifier of the users, to ensure its correct operation and identify any faults and/or abuse of the Website. This data may also be used for the purposes of investigating liabilities in the event of information crimes committed against the Website.
The processing of data shall be made by such procedures, technical and electronic means, which are suitable to protect the confidentiality and security of data and consists of collection, recording, organization, storage, consultation, elaboration, alteration, selection, retrieval, alignment, use, combination, block, communication, dissemination, erasure, and destruction of data, including a combination of two or more of such activities
Why do we process this information? Purposes of processing and legal grounds
Ferrero intends to use your Personal Data, collected through the Website, for the following purposes:
Processing for this purpose is necessary to pursue Ferrero’s legitimate interests in the development and administration of the Website and to improve the services provided on the Website.
Users shall not be required to provide Personal Data to browse public pages of the Website. The provision of Personal Data for the purposes mentioned above is optional, however, failure to provide required data (indicated as such in the registration form, as applicable) may prevent users from completing registration or availing of related services.
Who will be able to access your Personal Data?
In the framework of its activity and for the purposes specified above, your Personal Data may be shared with the following entities (“Recipients”):
Personal data shall not be disclosed nor transferred to third parties, except in the event of extraordinary corporate transactions, when Personal Data may be assigned or contributed to third party purchasers/lessees or assigns.
Personal Data may be transferred to other countries of the European Union where the premises or the servers of Ferrero or of any of its suppliers are located.
Personal Data shall not be transferred outside the territory of the European Union.
In order to comply with laws protecting children’s online privacy, Ferrero does not knowingly collect any Personal Data from children under 16. Ferrero takes children’s privacy seriously. As such, we would recommend that a parent or guardian assist and guide any children under 16 which may intend to browse the Website or access the services provided by Ferrero. Children under age 16 should not use Ferrero’s Website or services. In the event that Ferrero learns that it has inadvertently collected Personal Data from a child under the age of 16, Ferrero will promptly delete such information.
If parents/guardians would like to prevent a minor from accessing the Website, programs are easily available which enable control over access to the Internet or specific websites.
Security of Personal Data
All Personal Data collected and processed through the Website will be stored and processed so as to minimize the risk of destruction, loss (including accidental loss), unauthorized access / use or incompatible use with the initial purpose of collection. This is achieved by the technical and organizational security measures put in place by Ferrero. A detailed list of Ferrero’s security measures is available here.
Retention of Personal Data
Generally, Ferrero will keep your Personal Data only for as long as strictly necessary, according to the reason for which it was collected:
After such periods, all data shall be deleted, except that data we are required by law to keep for a longer period.
What are your rights? How can you exercise them?
As a data subject, you are entitled to exercise the following rights, at any time:
- Obtain confirmation as to the existence of your Personal Data being processed by Ferrero, access and obtain copy of such data;
- Update, modify and/or rectify your Personal Data where it may be inaccurate or incomplete;
- Obtain erasure of your Personal Data where you feel that the processing is unnecessary or otherwise unlawful, block data whose processing is unlawful or set limits to the processing;
- Object to the processing of your Personal Data, based on relevant grounds related to your particular situation, which you believe must prevent Ferrero from processing your Personal Data for a given purpose;
- Object to processing of Personal Data that is made for the purposes of sending advertising material, carrying out direct sales, market researches or for commercial communication;
- Withdraw your consent to processing (for Marketing and Profiling), where your consent serves as the legal basis for processing – this will not affect the lawfulness of processing carried out prior to your withdrawal.
- Request the restriction of the processing of your Personal Data, where you feel that the Personal Data processed is inaccurate, or that the processing is unnecessary or unlawful, as well as where you have objected to the processing;
- Portability – you have the right to obtain a copy of the Personal Data you provided to Ferrero in a structured, commonly used and machine-readable format, as well as to request the transmission of those Personal Data to another data controller;
Please note that most of the Personal Data you provide to Ferrero can be changed at any time, including your e-mail preferences, by accessing, where applicable, your user profile created on the Website.
When requesting services via the Website, you may have selected one or more means of communication via which Personal Data processing for Marketing purposes may be carried out (e.g., phone, SMS, email, mail, social media). You may withdraw your consent to this processing for all selected means of communication, or you can choose to block specific means only (e.g., if you only withdraw consent for SMS marketing communications, you will not receive further communications via SMS, but may continue to receive them via e-mail), by means of your user profile created on the Website, where applicable.
You can also withdraw consent for Marketing (for communications received via e-mail) by selecting the appropriate link included at the bottom of every marketing message.
Consent for Profiling carried out by cookies may be withdrawn at any time. Where consent for Profiling was given via a specific tick box, you may withdraw this consent by changing your preferences, at any time, within your user profile created on the Website, where applicable.
At any time, you shall be entitled to exercise the rights established by the law in force, by addressing the relevant request to our Privacy Department at physical and email address: email@example.com.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Finally, you are entitled to file complaints with to your local EU Data Protection Authority or to the data protection authority of Country of the Ferrero entity (CNPD at https://cnpd.public.lu/fr/support/contact.html), if you believe that we have handled your information in an unlawful manner.
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.
For more on our advertising practices, please visit our About Our Ads policy here.
Last revision date: March 30, 2021