What are cookies?
Cookies are small text files that are sent to the user's device (usually to the web browser) by visited websites; they are stored in the user's device to be then re-transmitted to the websites on the user's subsequent visits to those websites. [When navigating a website, a user may happen to receive cookies from other websites or web servers, which are the so-called "third party" cookies. This happens because the visited website may contain items such as images, maps, sound files, links to individual web pages on different domains that are located on servers other than the one where the page being visited is stored]. Cookies do not damage your device and may allow us to provide you with a faster and better navigation (their purposes may range from IT authentication to the storage of information on user configurations in accessing a given server, etc.) on our Site. Further uses of cookies, like those who are targeted to offer you commercial proposals, are stored on your device only after your explicit consent expressed by unambiguous behavior or through the tools described hereinafter. Cookies are present as a rule in substantial numbers in each user's browser and at times they remain stored for long.
Which cookies we use and for which purposes?
Browsers' settings for cookies
Last Updated: January 2017
The Website processes data for the purpose of (i) operating and improving the service and (ii) to follow up on abuse reports and cooperate with law enforcement. We do not sell or otherwise distribute any personal data (if collected) to third parties and will not send you any commercial proposals unless expressly authorized to do so. To evaluate the use of our service as well as for statistical purposes, only anonymized data shall be used.
What information does the Website obtain and how is it used?
We do not collect Personal Data from User of our Website.
What information does the Website obtain and how is it used?
We do not collect Personal Data from User of our Website.
Automatically Collected Information
The Website may collect certain information automatically when you surf the Website, including, but not limited to, the type of device you use, your devices unique device ID, the IP address of your device, your operating system, the type of mobile Internet browsers you use, and information about the way you use the Website. The Website may access certain device information and/or components automatically. This collection is only for the purpose of providing the services within the Website you choose to use. This information is not linked to personal information about the user.
Does the Website collect precise real time location information of the device?
The Website does not collect precise information about the location of your device.
Do third parties see and/or have access to information obtained by the Website?
On a normal basis, only aggregated, anonymized data is periodically transmitted to external services to help us improve the Website and our service. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Automatically Collected Information:
• as required by law, such as to comply with a subpoena, or similar legal process;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
• If Ferrero is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
Do we use 'cookies'?
Ferrero has chosen Amazon Web Services, Inc. (AWS) as cloud service provider to store your data. The Article 29 Working Party (the independent advisory board made up of representatives from the data protection authorities of all the EU Member States as well as from the European Commission) has approved the AWS Data Processing Agreement, which includes the Model Clauses. The Article 29 Working Party has found that the AWS Data Processing Agreement meets the requirements of the Directive with respect to Model Clauses. For more detail on the approval of the AWS Data Processing Agreement from the Article 29 Working Party, please visit: http://www.cnpd.public.lu/en/actualites/international/2015/03/AWS/index.html
We do not use the Website to knowingly solicit data from or market to people aged under 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
Information security is important to Ferrero and we are concerned about safeguarding the confidentiality of your information. We have established physical, electronic, managerial and procedural safeguards to protect the information we collect, process and maintain. These safeguards are regularly reviewed to protect against unauthorized access, disclosure and improper processing of your information, and to maintain the accuracy and integrity of that data. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the website. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. For technical and operational reasons, personal data can be transferred through servers which are located outside the European Union, where the European data protection rules are not applicable. Privacy regulations outside the EU might not provide the same high level of protection.
If you have any questions regarding privacy while using the Website, or have questions about our practices, please contact us via email at email@example.com or by phone (for US only) at (800) 688-3552 FREE or (732) 764-9300 or write to us at:
Ferrero International S.A.
Attn. Group Privacy Officer
Findel Business Center - Complexe B
Rue de Trèves, L-2632 Findel
Last Updated: January 2017
Magic Production Group S.A., a company of Ferrero Group with registered office at L-2632 Findel, Rue de Trèves, Findel Business Center, Complexe B (Registration Number IT00934460049) ("Ferrero", "we" or "us") is the owner of the content on and operator of the website www.magic.kinder and microsites accessed through the aforementioned website (each a "Site" and collectively the "Sites"). Please be advised that Magic Production Group S.A is not responsible for any other websites or applications maintained by other companies of the Ferrero Group.
2. Intended use of the Site
The Site and its Content are for personal, non-commercial use only. You cannot use the Site and its Content in relation to any commercial activity. You can access the Site and its Content in accordance with the functionalities and procedures set out by Ferrero. Any attempt to elude the protections and the procedures in place in the Site is forbidden.
3. Content and Intellectual Property Ownership; Conditional Use of Content
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or services marks (registered or unregistered) of Ferrero, its affiliates and/or its licensors, unless otherwise stated herein. Ferrero, its affiliates and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with any Content contained on the Site. In its sole discretion, Ferrero, 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.
4. User Conduct/Acceptable Use Policy
The Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials. You understand that content posted by users on the Site does not necessarily reflect the opinions or ideals of Ferrero. Ferrero expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable conduct by any user, you should contact us and report such activity using one of the options listed below in Section 19.
You are solely responsible for the content, information, and other materials that you post on the Site, submit to the Site or transmit to other users (including, but not limited to, creative ideas, suggestions and feedback/information on Ferrero's products and services) ("User Generated Content"), and agree that you will not hold Ferrero and / or its affiliates responsible or liable for any content, information or materials from other users that you access on a Site.
Categories of prohibited User Generated Content listed below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not post or transmit to other users any User Generated Content 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 of privacy;
• is threatening, harassing, or that promotes bullying, racism, discriminatory, bigotry, hatred or physical harm of any kind against any group or individual;
• is inaccurate, false or misleading in any way;
• is illegal or promotes directly or indirectly any illegal activities;
• promotes illegal or unauthorized copying of another person's copyrighted work or links to said work, or provides information to circumvent any security measure;
• contains "masked" profanity (i.e. F@&#);
• contains software viruses or any other computer codes, 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.
We may review, edit or delete at our sole discretion content and materials that you or others send or post to the Site, but are not obligated to do so. In any case, our decision is final.
You understand that when using the Site you will be exposed to content and materials from a variety of sources, and that Ferrero is not responsible for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to such content and materials.
5. Ownership of Material You Send, Post, Submit or Transmit; Right of Use; Submissions
We may include features on the Site that allows you to upload, share, send, post, submit or transmit to the Site comments, photos, videos, music or any other material or content that we can allow you to upload (User Generated Content). Please be informed that any User Generated Content that you send, post, submit or transmit may become publicly accessible (in association with your name, user name, town, country and/ or your picture, if applicable) and is and will be deemed and treated as non-confidential and non-proprietary by Ferrero. Such User Generated Content, upon being transmitted to Ferrero, shall immediately become the property of Ferrero and Ferrero shall exclusively now and hereinafter own all rights, title, and interest therein (subject to any third-party rights). Furthermore, Ferrero and its affiliates, shall be free to use such User Generated Content, without restriction, WITHOUT COMPENSATION, OTHER OBLIGATION OR ANY OTHER LIABILITY TO YOU, for any purpose whatsoever (subject to any third-party rights), including, but not limited to:
- using and displaying the User Generated Content throughout the world in any type of electronic or digital media for commercial, marketing and/or public relations purposes in perpetuity;
- using and displaying the User Generated Content to visitors of other websites and social media network pages, including but not limited to Facebook, Twitter, Pinterest, or Google+.
- using and displaying the User Generated Content for developing, manufacturing, advertising, promoting, and marketing products.
Ferrero and its affiliates shall further be entitled to reproduce, disclose, transmit, publish, broadcast or post in any medium, or edit, modify or delete all or any part of any User Generated Content. Ferrero shall not be liable for disclosure of such User Generated Content or for any similarities in the User Generated Content and any future Ferrero uses or activities.
You consent to allow Ferrero and its affiliate to contact you through email (or as otherwise indicated by you) regarding any request we may have related to your User Generated Content. The Sites may allow you to send to Ferrero creative ideas, suggestions or materials ("Submissions"); you should not make any Submissions to Ferrero in any communications through this Site or otherwise, unless requested to do so. If you choose to send us a Submission, you are requested to accept additional terms that govern such Submission ("Submission Terms").
6. Links to Other Sites
The Site may contain links to other websites that are not owned, operated or maintained by us. You should note when you leave the 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, we do not control, recommend or endorse, and are not affiliated with these websites or their content, products, services or privacy policies. Viewing any third party site is at your own risk. Downloading material from certain websites may risk infringing intellectual property rights or introducing viruses into your computer system.
7. Promotions and Offers
9. Disclaimer of Warranties/Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL SOFTWARE, SERVICES, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITES, ANY SOFTWARE, SERVICES, CONTENT OR USER GENERATED CONTENT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES. WE DO NOT WARRANT THAT THE SITE, ANY CONTENT, OR CONTENT ACCESSED THROUGH THE SITE WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY STATEMENTS, ERRORS, OR OMISSIONS CONTAINED THEREIN, CONTENT PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT THAT INFRINGES UPON ANY THIRD PARTY'S RIGHTS), LINKS TO ANY OTHER WEBSITE OR ITS NATURE OR CONTENTS, OR ANY OTHER MATTER REGARDING THE SITE AND YOUR USE OF IT. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, AND PERSONAL INJURY/ WRONGFUL DEATH), EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Export Control
Software or other materials on our Sites may be subject to United States Export Control. No software from our Sites may be downloaded or exported (i) into (or to a national or resident of ) a country to which the U.S. has embargoed goods, or any other country where a license would be required, or a restriction or prohibition is in effect, by the United States Department of Commerce Bureau of Industry and Security, United States Department of the Treasury Office of Foreign Assets Control, or other similar rule or agency; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or similar schedules. By downloading or using any software on our Sites, you represent and warranty that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
12. Governing Law/Jurisdiction
Although our Site is accessible worldwide, the Content discussed or referenced on the Site may not be available to all persons or in all geographic areas.
Moreover, not all persons may be able to participate, be eligible for offers or win prizes, if applicable, in the sweepstakes, contents or similar promotions made available through the Site. We reserve the right to limit the availability of our Site and/or the provision of any service to any person, geographic area or jurisdiction in our sole discretion and at any time. You are solely responsible for compliance with any applicable local laws.
14. Digital Millennium Copyright Act ("DMCA") Notice (for USA only)
It is our policy to respond appropriately to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act of 1998 ("DCMA"), including the removal or disabling of access to material claimed to be subject of infringing activity. If you believe in good faith that materials available on one of our Sites infringes your copyright, you should send a claim or notice of infringement relating to the Site or its Content to Ferrero's designated agent as follows:
Ferrero U.S.A., Inc. Attn: Consumer Relations 600 Cottontail Lane Somerset, NJ 08873 Telephone Number: (800) 688-3552
15. Waiver; Remedies
16. Contact Information
M.P.G.: Consumer Relations – Magic Kinder
Findel Business Center, Complexe B
Rue de Trèves, L-2632