Nutella®

Privacy Policy

Last Updated: 15 November 2022

 

Ferrero Australia Pty Ltd (ACN 001 249 261) and Agri Australis Pty Limited (ACN 151 383 934) (collectively "Ferrero", "we", "us" or "our") are committed to protecting the privacy of users of this website (the "Website") and to ensuring that users' Personal Data is treated with respect to their fundamental rights and freedoms as well as personal dignity, with particular reference to confidentiality. "Personal Data" means information or an opinion about an identified individual or an individual who is reasonably identifiable.

This Privacy Policy sets out how we will collect, use, store, share and secure your Personal Data. It also describes your choices regarding use, access and correction of your Personal Data.

We may require users to provide certain Personal Data 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. This Privacy Policy will also provide you with full information so that you are able to consent to the processing of your Personal Data in an explicit and informed manner, where appropriate.

In general, any Personal 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 the applicable legislation (e.g., EU’s General Data Protection Rules, Australia’s Privacy Act 1988 (the "Privacy Act") etc.). Ferrero is bound by the Australian Privacy Principles in the Privacy Act.

 

DATA CONTROLLER/OWNER

The Data Controller/Owner regarding all Personal Data processing operations carried out through the Website is Ferrero, with registered offices at Level 36, 100 Miller St, North Sydney, NSW, 2060, Australia. Ferrero has appointed a local privacy officer. 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: privacy.apac@ferrero.com.

 

WHAT TYPES OF PERSONAL DATA DO WE COLLECT FROM YOU AND HOW DO WE COLLECT IT?

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 and/or participate in any consumer promotions, Ferrero may collect and process your Personal Data.

This information may 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 behaviour on the Website, including as set out below:

 

  • 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.

Where the Website allows you to register through your personal social media profile, 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.

 

  • Browsing data

The routine operation of the Website, 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. This transmission is automatic when using Internet communication protocols. Although Ferrero does not collect this information in order to identify users personally, it is still possible that such data may permit a user to be identified, either directly via that information, by using other information collected or through processing and association with further data held by third parties. As such, this information may also be considered Personal Data.

This information includes several parameters related to your operating system and IT environment, including your IP address, location (country), the domain names of your computer, the URI (Uniform Resource Identifier) addresses of resources you request on the Website, the time of requests made, information about your activities on our Website (for instance, the pages you visit, the goods you view), the method used to submit requests to the server, the dimensions of the file obtained in response to a request, the numerical code indicating the status of the response sent by the server (successful, error, etc.), details of the device (for instance, your computer, tablet or smartphone) which you use to access our Website and so on, by means of cookies and other tracking technologies. Further details of the use of cookies is set out under the heading "COOKIES" below.

Such data about the use of the Website shall only be used by Ferrero for anonymous, statistical purposes (and not for the purposes of identifying any users) to ensure the correct operation of, and identify any faults and/or abuse related to, the Website. This data may also be used for the purposes of investigating liabilities in the event of information crimes committed against the Website.

 

  • Clickstream Data

Each time you visit the Website our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using, the address of the website you have come from and move to after your visit, the date and time of your visit, and your server's IP address.

We may collect this information for statistical purposes to find out how the Website is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. We may use this information to evaluate and improve any of our Website's performance, or as necessary to investigate or report any suspected unlawful activity, as required or permitted by law or as reasonably necessary for the activity of an enforcement body.

By providing your Personal Data to us, you consent to our collection, use and disclosure of your Personal Data in accordance with this Privacy Policy and any other arrangements that apply between us.

In this regard, you should ensure that all Personal Data provided to us is complete, accurate and true at the time of provision.  Failure on your part to do so may result in our inability to provide you with services you have requested.

We only collect, process, use or disclose such Personal Data, in accordance with this Privacy Policy. If you are acting as an intermediary, or otherwise on behalf of a third party, or supply us with information regarding a third party, you undertake that you are an authorised representative or agent of such third party and that you have obtained consent from such third party to our collection, processing, use and disclosure of their Personal Data. Because we are collecting the third party’s data from you, you undertake to make the third party aware of all matters listed in this Privacy Policy by referring them to our agencies’ website.

 

WHY DO WE PROCESS YOUR PERSONAL DATA? PURPOSES OF PROCESSING AND LEGAL GROUNDS

Ferrero may collect, hold, use and disclose your Personal Data for the following purposes:

 

  • Service Provision – To provide answers or services you request, including to allow the creation of an account for you to receive information from Ferrero and alerts by means of push notifications; to verify your identity and assist you, in case you lose or forget your login/password details for any of Ferrero's registration services; to allow you to create and maintain a registered user profile, to process transactions and enrolments you request, including emails; to process card payments and to provide any other services which you may request; to send you newsletters you have subscribed to as a service (containing only informative content); to finalize purchase orders and deliver products bought on the Website and to provide any other services which you may request. No consent is required for the processing of data for these purposes since such processing is necessary to provide the services requested and, therefore, for the performance of an agreement to which you are a party or for the implementation of measures requested by you prior to entering into an agreement. You are not required to give Ferrero your Personal Data for these purposes; however, if you do not, Ferrero will not be able to provide any services to you.
  • Marketing – For marketing, promotional and publicity purposes, including to carry out consumer promotions, direct marketing as well as studies, research, market statistics or surveys via e-mail, SMS, push notifications, pop-up banners, instant messaging, phone calls by an operator or Ferrero's official social media pages, regarding Ferrero's products and services and to send you offers, promotions or other information about our goods and services. Processing for these purposes is based on your consent. You are not required to give consent to Ferrero for the use of your Personal Data for this purpose, and you will suffer no consequence if you choose not to give it (aside from not being able to receive further marketing communications from Ferrero). Any consent given may also be withdrawn at a later stage in accordance with the process set out under the heading "WHAT ARE YOUR RIGHTS? HOW CAN YOU EXERCISE THEM?".
  • Soft Spam – For future marketing, promotional and publicity purposes, by sending you direct e-mail marketing communications regarding products and services provided by Ferrero which are identical or similar to those you have previously requested through the use of the Website. Processing for these purposes is based on Ferrero's legitimate interest in sending you direct e-mail marketing communication regarding products and services provided by Ferrero and which are identical or similar to those you have previously purchased through the Website. You can block these communications, and you will suffer no consequence if you do so (aside from not being able to receive further marketing communications from Ferrero), by objecting through the unsubscribe link provided at the bottom of all such communications.
  • Profiling – To create your user profile (individual and/or aggregate profiles) on our Website, by collecting and analyzing information on the preferences you select and choices you make on the Website as well as on your general activities on the Website, through the use of profiling cookies. This information will be used to personalize the services provided through by Ferrero, where possible, to suit your preferences and choices, as well as to serve you with information and advertisements which may be relevant to you and your interests, to propose customized offers that may be of your interest and to give you information about other websites/services which Ferrero believes you may be interested in. All algorithms involved in this processing are regularly tested, to ensure the processing's fairness and control for bias. Processing for this purpose is based on your consent, collected by means of the cookie pop-up banner and/or a specific tick box. You are not required to give consent to Ferrero for use of your Personal Data for this purpose, and you will suffer no consequence if you choose not to (aside from not being able to benefit from greater personalization of your user experience regarding the Website). Any consent given may also be withdrawn at a later stage in accordance with the process set out under the heading "WHAT ARE YOUR RIGHTS? HOW CAN YOU EXERCISE THEM?".
  • Compliance – For compliance with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties. When you provide any Personal Data to Ferrero, Ferrero must process it in accordance with the applicable laws, which may include retaining and reporting your Personal Data to official authorities for compliance with tax, customs or other legal obligations. No consent is required for the processing of data for this purpose since such processing is necessary to comply with a legal obligation.
  • Misuse/Fraud – To prevent and detect any misuse of the Website, or any fraudulent activities carried out through the Website. Processing for this purpose is necessary to pursue Ferrero's legitimate interests in preventing and detecting fraudulent activities or misuse of the Website (for potentially criminal purposes).
  • Analytics – To analyze and improve our service provision, enhance the Website, evaluate the effectiveness of Ferrero's marketing activities and services, perform statistical and demographics analyses on Ferrero's corporate clients and registered users. 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 by Ferrero.

 

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 receiving related services.

 

TO WHOM DO WE DISCLOSE YOUR PERSONAL DATA?

We may disclose Personal Data for the purposes described in this Privacy Policy to:

  • Other companies within the Ferrero Group for internal administrative purposes;
  • Duly appointed data processors/intermediaries, providing specific processing or accessory services (e.g. storing data, sending out messages for us, web hosting, contests' management, consumer service, IT services regarding the Website operation, emailing) on Ferrero's behalf and under its instructions, whose data protection maturity has been checked by Ferrero before entering into the required data processing agreement. You may request the full updated list of appointed data processors, which may include other companies within the Ferrero Group, from our privacy officer using the contact details set out under the heading "DATA CONTROLLER/OWNER";
  • Selected individuals authorized by Ferrero to process Personal Data to carry out activities strictly related to the provision of the services (e.g. technical maintenance of network equipment and electronic communications networks), who have undertaken an obligation of confidentiality or are subject to an appropriate legal obligation of confidentiality (e.g., employees of Ferrero);
  • Anyone to whom our assets or businesses (or any part of them) are transferred; and
  • Public entities, bodies or authorities in accordance with the applicable law or binding orders of those entities, bodies or authorities. We may also disclose your Personal Data when we believe in good faith that disclosure is necessary to protect your safety or the safety of others, investigate fraud, or respond to a government request.

 

DATA TRANSFER OVERSEAS

Personal Data may be transferred outside of Australia to other countries where the premises or the servers of Ferrero or of any of its affiliates or suppliers are located (including Singapore and countries in the European Union), provided that an adequate level of data protection is guaranteed.

Ferrero will not transfer Personal Data outside Australia unless it has taken reasonable steps to ensure that the transferred Personal Data will be accorded a level of protection which is comparable to the protection under the Privacy Act or any other data protection regulation, or Ferrero has obtained your explicit consent.

 

CHILDREN

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.

 

COOKIES

The Website uses cookies.  A Cookie is a small data file that our web server may send to your computer, mobile phone or other device when you visit the Website. The Cookie is stored on your device but does not identify you or give us any information about your device.

A Cookie helps us to recognise you when you re-visit the Website and to co-ordinate your access to different pages on the Website. Most Internet browsers allow you to erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your browser instructions or help screen. You might not be able to use the full functionality of the Website by refusing the use of Cookies.

 

LINKS

Please be aware that the Website may contain links to advertisers or other third party websites.  Some of these links may request or record information from users or use cookies or other methods to collect information from you.  This Privacy Policy does not apply to, and cannot govern the activities of, those other advertisers or third parties. We recommend that you check the privacy policy of each and every website you visit that collects Personal Data.

 

SECURITY OF PERSONAL DATA

Personal Data collected by Ferrero about you may be stored on servers in Singapore and the European Union and on cloud servers owned by third party cloud service providers.  All Personal Data collected and processed by Ferrero 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.

Although every reasonable effort has been made to ensure that all Personal Data will be protected, Ferrero cannot be responsible for any unauthorised use or misuse of such information and from risks which are inherent in all internet communications.

 

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:

  • Personal Data processed for Service Provision will be kept by Ferrero for the period deemed strictly necessary to fulfil such purposes. Information will, however, be kept for longer if we need it to address any claims regarding the services or to protect Ferrero's interests related to potential liability related to the Service Provision.
  • Personal Data processed for Marketing and Profiling will be kept by Ferrero from the moment you give consent until such data is no longer necessary for the purpose for which it was collected. If consent is withdrawn (or not given, following a renewal request which occurs at fixed intervals of 24 months), Personal Data will no longer be used for these purposes, although it may still be kept by Ferrero as it may be necessary to protect Ferrero's interests related to potential liability related to this processing.
  • Personal Data processed for Soft Spam will be kept by Ferrero from the moment it is provided by you to Ferrero. If you have objected to this processing, Personal Data will no longer be used for these purposes, although it may still be kept by Ferrero, in particular as may be necessary to protect Ferrero's interests related to potential liability related to this processing.
  • Personal Data processed for Compliance will be kept by Ferrero for the period required by the specific legal obligations for which the Personal Data was processed.
  • Personal Data processed for preventing Misuse/Fraud and Analytics will be kept by Ferrero for as long as deemed strictly necessary to fulfil the purposes for which it was collected.

 

After such periods, all Personal Data shall be deleted or anonymized, 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. 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;
  • Object to or opt out of processing of Personal Data that is made for the purposes of sending advertising material, carrying out direct sales, market researches or for commercial communication, including interest-based advertising. We partner with a third party to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here or if located in the European Union click here. Please note you will continue to receive generic ads;
  • Withdraw your consent to processing (for Marketing and Profiling), where your consent serves as the legal basis for processing, in accordance with the process set out below - this will not affect the lawfulness of processing carried out prior to your withdrawal.

 

When requesting services via the Website, you may have selected one or more means of communication for the processing of Personal Data for Marketing purposes (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 changing your preferences on 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. You may otherwise withdraw this consent by modifying your device settings or contacting Ferrero using the details set out under the heading "DATA CONTROLLER/OWNER".

If you wish to make a request or complaint about the way we have handled your Personal Data, you can contact our privacy officer at email address: privacy.apac@ferrero.com. Please include your name, email address and/or telephone number and clearly describe your query or complaint. We will acknowledge your email and respond to you regarding your query or complaint within a reasonable period of time. 

AMENDMENTS

This Privacy Policy was last updated on 15 November 2022.

Ferrero reserves the right to partly or fully amend this Privacy Policy, or simply to update its content, e.g., as a result of changes in applicable law. If Ferrero makes any material changes, we will notify you by means of this Website. Ferrero therefore invites you to regularly visit this Privacy Policy in order to acquaint yourself with the latest, updated version of the Privacy Policy, so that you may remain constantly informed on how Ferrero collects and uses Personal Data.

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