Privacy Policy - U.S. Residents Only

Updated: January 1, 2020

Ferrero U.S.A., Inc. (“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 or platforms (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"). This privacy policy (“Privacy Policy”) discloses our practices with respect to the collection of information through the Sites and our use of the information. This Privacy Policy applies solely to information collected through the Sites. By using the Sites, you agree with the terms of this Privacy Policy. If you do not agree with any term in this Privacy Policy, please do not use the Site(s) or provide any Personal Information to us.

Collection of Personal and Non-Personal Information.
We collect certain personally identifiable information about you (i.e., information which may identify you in some way; such as your age, gender, birthdate, name, address, telephone number, email address, payment information, and/or username) through a Site when you voluntarily submit it. We may request that you 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 utilize other features or functions of a Site.

When you connect to a Site, there is certain technical information that may be collected through the use of “cookies” and other tracking tools. This information may include, but is not limited to, your IP host address, internet browser type, personal computer settings, and the number, duration, and character of page visits. We collect information about users over time when you use the Site. For example, we may look at what site you came from, or what site you visit when you leave us. We may also have third parties collect personal information this way. 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. Learn more about these tools, and how you can control them, here.

We may also combine information. For example, we may combine information that we have collected offline with information we collect online. Or we may combine information we get from a third party with information we already have.

Use of Your Information. We use information as disclosed and described here:
• To respond to your questions, comments, and requests; to provide you with access to certain areas and features on a Site; and to improve our products and services. We may also use your information to customize your experience with us.
• To communicate with you, including about your activities on a Site, your account, our relationship, or your feedback. We may also contact you about this Privacy Policy or our website Terms.
• For marketing purposes, including to provide you with information about new products and special offers, and to serve you with ads about our products and offers. We may tell you about new features or updates. We may also tell you about third party offers or products we think you might find interesting. To learn about your choices for these communications, read the “Managing Your Personal Information” section below.
• 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 share with our parent, subsidiary, and affiliated companies, and promotional partners.
• To share with third parties 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, or customer services). 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.
• To share with third parties for their marketing purposes. These third parties may include our promotional partners and other business partners. These may also include third parties in whose products or services we believe you may be interested. These third parties may also share your information with others. These third parties may use the information for their own marketing purposes, or the marketing purposes of others. This may include the delivery of interest-based advertising.
• For other purposes as disclosed when your information 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, or if a government agency or investigatory body requests.
• For the purpose of or in connection with legal proceedings or necessary for establishing, defending, or exercising legal rights.
• In an emergency to protect the health or safety of users of a Site or the general public, or in the interests of national security.
• As otherwise permitted by law, or as we may notify you from time to time.

Managing Your Personal Information. If you wish to verify, update, or correct information collected through a Site, contact us by mail at Ferrero, U.S.A., Inc., Attn: Legal Department, 7 Sylvan Way, Parsippany, NJ 07054.

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, please contact us at 1-800-688-3552 or follow the instructions in any promotional 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 other communications with our customer service team.

You can also control cookies and tracking tools. To learn how to manage how we – and our vendors – use cookies and other tracking tools, and to read our Do Not Track policy, please click here.

Your California Privacy Rights
We will not discriminate against you for exercising any of your privacy rights.

If you reside in California, you have the right to ask us about our collection and use of your personal information over the last 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose
If you reside in California, you also have the right to ask to us delete any of your personal information that we collected from you and retained, subject to certain exceptions.
If you reside in California, you also have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes under California’s “Shine The Light” law.
To make such a request, please write to us at Ferrero, U.S.A., Inc., Attn: Legal Department, 7 Sylvan Way, Parsippany, NJ 07054 or at privacy.usa@ferrero.com. Please indicate in your letter or email that you are a California resident making a “Privacy Rights” inquiry.
Please note, however, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates 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 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.

Protection of Children’s Privacy. We take the protection of children’s privacy seriously. We operate the Sites in compliance with all applicable laws in the jurisdiction set forth below. Our Sites are not intended for children. We do not knowingly collect personal information from any person under the age of thirteen (13) without prior verifiable parental consent.

Magic Kinder. For more information on Ferrero International S.A.’s privacy policy for the Magic Kinder App and the Magic Kinder Website (www.magic.kinder), please click here or email: privacy@ferrero.com.

Security Practices. The security of your information is very important to us. We have put in place standard 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 safe. Your use of a Site demonstrates your assumption of this risk. 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 the laws of the State of New York (USA), 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 the County of New York, State of New York (USA). We do not warrant or imply that the Sites or content/materials on the Sites are appropriate for use outside of the United States. 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.

Transfer of Assets. During the course of our business, we may sell or purchase assets. If another entity acquires Ferrero U.S.A., Inc. or all or part of our assets, 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, such information may be considered an asset of ours and may be sold 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 U.S.A., Inc. reserves the right to change or update this Privacy Policy at any time. We will notify you of any material changes to our Policy as required by law. 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 us by mail at Ferrero, U.S.A., Inc., Attn: Legal Department, 7 Sylvan Way, Parsippany, NJ 07054. You can also call us at 1-800-688-3552.

© 2020 Ferrero U.S.A., Inc. All rights reserved.