FERRERO Australia Pty Ltd.
TERMS OF USE

Last Updated:  [June 2015]

Ferrero Australia Pty Ltd ("Ferrero," "we," or us") is the owner of the content on and operator of http://www.tictac.com.au  / http://www.tictac.co.nz and microsites accessed through the aforementioned websites (each a "Site," and collectively the "Sites").  Please be advised that Ferrero Australia Pty Ltd is not responsible for any other websites maintained by other companies in the Ferrero Group.

1. Acceptance of Terms of Use.  Your access to and use of the Sites are subject to the following terms of use ("Terms of Use").  By accessing or using the Sites, you agree to be bound by these Terms of Use and to comply with all applicable laws.  If you do not agree to these Terms of Use, without limitation or qualification, you may not use the Site.  Ferrero may revise these Terms of Use at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.  In addition, certain of the Sites may contain additional terms that govern particular features or offers (such as sweepstakes) ("Program Terms"). In the event that there is a conflict between any of the terms, conditions and notices of these Terms of Use and the Program Terms, these Terms of Use shall control.

2. Content and Intellectual Property Ownership; Conditional Use of Content.  The content and all other materials on the Sites, including, without limitation, the copyrights and other intellectual property rights in the artwork, graphics, photographs, text, video and audio clips, trademarks and logos available on the Sites (collectively the "Content") are owned by Ferrero and/or its affiliates.   You may access and use a Site and the Contents thereon solely for personal, non-commercial, or entertainment purposes only.  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 Ferrero or the owner of such materials.  All rights not granted under these Terms of Use are expressly reserved by Ferrero.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Sites 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 Sites.  No license is granted to you in connection with any Content contained on the Sites.  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.

3. User Conduct/Acceptable Use Policy.   A Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials.  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 13.

 You are solely responsible for the content, information, and other materials that you post on a Site, submit to a 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 the Released Parties 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, 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 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 code, 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 content and materials that you or others send or post to a Site, but are not obligated to do so.

You understand that when using a 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.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on a Site.  Further, you may not use any such automated means to manipulate a Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use.  You may not resell the use of, or access to, a Site to any third party.
4. Ownership of Material You Send, Post, Submit, or Transmit; Submissions.  From time to time, Ferrero may ask that you send, post, submit, or transmit to a Site, User Generated Content.  Any User Generated Content that you send, post, submit or transmit 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, for any purpose whatsoever (subject to any third-party rights), including, but not limited to, developing, manufacturing, advertising, promoting, and marketing products, WITHOUT COMPENSATION, OTHER OBLIGATION OR ANY OTHER LIABILITY TO YOU, and 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.
Notwithstanding the foregoing, Ferrero maintains a policy of not accepting or considering creative ideas, suggestions or materials from the public ("Submissions") and therefore, you should not make any Submissions to Ferrero in any communications through this Site or otherwise.  If you do send us a Submission, despite the aforementioned request not to do so, then such Submission shall immediately become the property of Ferrero, Ferrero shall exclusively now and hereinafter own all rights, title and interest therein, and such Submission shall be subject to the terms and conditions set forth in this Section 4 above (including without limitation the freedom to use any Submissions for any purposes whatsoever and without any compensation or other liability to you).
5. 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 asses 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 s 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.  

6. Promotions and Offers.  From time to time, we may run a promotion (e.g., contest, sweepstakes, instant win game, etc.) or an offer on a Site ("Promotion").  Any Promotion set forth on a Site shall be void where prohibited and subject to the posting of any official rules relating to such Promotion.  Each Promotion will have its own rules and conditions, which shall be in addition to the terms in these Terms of Use.   Participation in any Promotion requires your acceptance of such rules and conditions.


7. Privacy.  The privacy of your personally identifiable information is very important to us.  For more information on what information we collect and how we collect, use, disclose, and manage such information, please read our Privacy Policy, which also governs your use of our Sites.


8. Disclaimer of Warranties/Exclusion of Liability.
YOUR USE OF A SITE IS AT YOUR OWN RISK.  THE SITES AND ALL SOFTWARE, SERVICES, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SITES 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 A SITE, ANY CONTENT, OR CONTENT ACCESSED THROUGH A SITE WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT A SITE OR THE SERVER THAT MAKES A SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE SHALL NOT BE LIABLE FOR THE USE OF A 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 A 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 A 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.

9. Indemnity.  By using a Site, you agree to defend, indemnify, and hold harmless Ferrero, its officers, directors, employees, parent, subsidiaries, affiliates, business partners, website developer, representatives, and agents (collectively, the Released Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, reasonable attorney's fees and costs) arising from: (i) any breach by you of any of these Terms of Use, (ii) any Submission or User Generated Content (including, but not limited to, claims for infringement of copyright, trademark, trade secret or other intellectual property rights of a third party, right of publicity, right of privacy, or defamation), (iii) your use of any Content or features available on or through a Site (except to the extent a claim is based upon infringement of a third party right by materials created by Ferrero), (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject, and (v) any other matter regarding a Site and your access and use of it.

 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.

10. Governing Law/Jurisdiction.  All matters relating to a Site and/or these Terms of Use are governed by the laws of NSW Australia 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 these Terms of Use shall be in appropriate courts located in Australia.  We do not warrant or imply that the Sites or Content/materials on the Sites are appropriate for use outside of Australia.  Although our Sites are accessible worldwide, the Content discussed or referenced on our Sites may not be available to all persons or in all geographic areas.  In addition, 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 Sites.   The information set forth on the Sites concerning any products or services is applicable only in Australia.  We reserve the right to limit the availability of our Sites and/or the provision of any service to any person, geographic area or jurisdiction in our sole discretion and at any time.  If you are located outside Australia, you are solely responsible for compliance with any applicable local laws.

11. Severability.  If any term or provision of these Terms of Use 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.

12. Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

13. Contact Information.  Should you have any questions or comments regarding the Sites or these Terms of Use, you may contact us by using our online form available on http://www.ferrero.com.au, http://www.ferrero.co.nz or at the following:

© 2015 Ferrero.  All rights reserved

 

PRIVACY POLICY

Ferrero Australia Pty Ltd ACN 001 249 261 and its subsidiary companies (collectively "Ferrero") acknowledge and respect the privacy of individuals. This Privacy Policy sets out the way in which we will collect, use, disclose, manage and protect your personal information in accordance with applicable Australian and New Zealand privacy legislation. Please note that in limited circumstances, activities and websites operated by Ferrero may have their own privacy policy that applies specifically to information collected in connection with that activity or website and in that case that particular privacy policy will prevail.
By providing your personal information you agree to this Privacy Policy. This Privacy Policy may change from time to time, so please check  our websites periodically to ensure that you are aware of our current Privacy Policy.
You can browse Ferrero's websites, view content, and enjoy many features without any personal information being collected. We do not require personal information for you to use our products or gain access to our websites. However, you will not be able to utilise certain features that require registration, or receive materials such as newsletters, unless such information is provided.  Further, our ability to meet our obligations to you or to process any request or application may be adversely affected if you do not give us the requested personal information, or if the information you give us is incomplete or inaccurate.
What type of personal information do we collect and how?
The information we collect may include your name, address, telephone number and email address. We may also collect other demographic information such as date of birth, gender, interests, hobbies and preferences, and combine this with your personal information. If you have specific dietary requirements, allergies or religious compliance needs, we may need to know this information about you to be able to assist with enquiries regarding our products. If you purchase products or services online you will be required to provide additional information such as a valid credit card details and postage and billing address. Please note that depending on the Ferrero website you are visiting, many of the activities listed above may not be available and as such personal information may not be collected.
We will only collect personal information from you when you knowingly and voluntarily provide us with information, including when you:
1. register or provide information on our websites;
2. purchase products or services from us;
3. enter into a promotion, sweepstake or contest;
4. participate in a program, poll, online game, message board, survey or questionnaire;
5. subscribe to our mailing list, or sign up to receive our newsletters or other materials, including promotional materials;
6. send us questions or request information about products, services, offers or features;
7. request or receive customer or technical support; or
8. apply for employment with us.
How do we use and disclose personal information?
You acknowledge and consent to the use and disclosure of your personal information in circumstances that are:
1. set out in this Privacy Policy;
2. clearly explained to you at the time the information is collected from you; or
3. required or permitted by law.
We may use the personal information that you give to us:
1. to improve our products, services or internal processes;
2. for reasonable business purposes including customer service, record keeping, transaction and order fulfilment, marketing, research, auditing our internal operations, and to resolve product satisfaction claims;
3. to provide you with products, services, newsletters or information that you have requested;
4. to send you occasional offers or information on products or services that we consider may be of interest to you, or features, offers, promotions, contests, events, new products, enhancements, newsletters, information on functional changes to our websites or policies, or other information about Ferrero; or
5. for any other purpose that is stated to you at the time of collection or that you otherwise authorise.
We may disclose personal information that we collect from you to a third party:
1. to meet the purpose for which it was collected including to provide you with products, services or prizes;
2. if we have your consent to disclose the information;
3. to assist with internal website support operations, including online product fulfilment, email services or technical support;
4. if we are required or permitted by law to disclose the information, including for example to comply with a court order or regulatory investigation;
5. in the event of a merger, acquisition or any other change in ownership of all or a portion of Ferrero's business (in which case your personal information may be transferred to the new owner so that the business can continue its operations);
6. to protect the safety and security of our customers and our websites;
7. to enable us to deal with any concern, issue or complaint you have raised with us, including disclosing details of any such matter to Ferrero's related bodies corporate overseas and also to professional advisors and service providers; or
8. if your personal information is collected in connection with a joint promoter or service provider, to that organisation for marketing and research purposes, but only if that disclosure was disclosed to you at or before the time of collection.
Ferrero allows you to tell us the way in which you would like us to use your personal information. At the time you provide personal information, Ferrero may give you the option of declining further offers or information. In addition, materials sent to you by Ferrero will give you the ability to unsubscribe.
Cross-border disclosure of personal information?
We may deal with third parties, such as service providers or related bodies corporate that are located overseas. As a result, your personal information may be disclosed to a recipient in a foreign country, including but not limited to countries of the European Union and the United State of America. We will to take reasonable steps, in the circumstances, before disclosing personal information to an overseas recipient to ensure that the overseas recipient does not breach privacy laws in relation to that information.
Security, Accuracy and Access
We will take reasonable technical and organisational steps to ensure that the personal information we hold is:
1. accurate, complete, up-to-date, relevant and not misleading;
2. stored in a secure environment; and
3. protected from misuse, interference and loss as well as unauthorised access, modification or disclosure.
If any of your details change, please let us know as soon as possible by using the contact details below so we can maintain the accuracy of your personal information.
From time to time we review our security procedures to consider appropriate new technology and methods. However please appreciate that despite our best efforts, no security measure is perfect or impenetrable due to the nature of email and the internet, and we cannot guarantee the privacy or confidentiality of your personal information.
You have a right to access any personal information we hold about you. We will comply with any request to access your personal information except where the Privacy Act 1988 (Cth) or the APPs allow us to refuse to do so. There is no fee for making a request to access your personal information but we may charge a fee for giving you access to your personal information in a mutually agreed format, usually by sighting the accessible information held on file.
You also have a right to ask us to correct personal information about you that is inaccurate, incomplete, out-of-date, irrelevant or misleading. If we refuse to correct your personal information as requested by you, we will notify you in writing of the reasons for the refusal (unless it would be unreasonable to do so) and, upon request from you, we will attach a note recording the correction that you sought to the relevant information, so that it can always be read with that information.
You may also request that we delete your personal information. We will comply with your request unless we are required by law to keep the information.
Any requests for access to, or correction of, your personal information should be made directly by emailing us at consumercare@ferrero.com.  In every case where we receive a request to either correct or delete personal information concerning you, we will inform you of the action taken as a result of that request (whether or not the request is granted).
Sensitive Information
We do not actively seek to collect sensitive information from you. We will not disclose sensitive information (such as information about your health, racial or ethical origins or political or religious beliefs) except with your specific consent or in circumstances permitted under Australian or New Zealand privacy legislation.
Children's Privacy
This section of our Privacy Policy is designed to answer your questions regarding our privacy policies and principles concerning children. We take children's privacy, confidentiality and safety online very seriously and strive to constantly improve our practices.
We have no intention of collecting any personal information from individuals under fifteen years of age other than where this is voluntarily provided to us in accordance with this Privacy Policy, and with the additional safeguards for children included in this section.
We urge parents or guardians to instruct their children to never give out their real names or contact details online without permission. We recommend that children under 18 should encourage their parent or guardian to review this Privacy Policy and contact us if they would like to raise any concerns. We require that children under 15 seek the permission of a parent or guardian before submitting their personal information to us.
If a child under 15 has provided us with personal information, a parent or guardian of that child may contact us at the email address listed below if they would like this information deleted from our records. We may collect information from parents to allow children to participate in certain activities offered on any of our websites and within our children's subscription services.
We have implemented technical, administrative and physical security measures to protect children's personal information from unauthorised access and improper use.
Clickstream Data
Each time you visit any of our websites 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 websites' 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.
Cookies
Our websites use cookies.  A Cookie is a piece of information that our web server may send to your computer when you visit one of our websites. The Cookie is stored on your browser but does not identify you or give us any information about your computer.
A Cookie helps us to recognise you when you re-visit one of our websites and to co-ordinate your access to different pages on a 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 our websites by refusing the use of Cookies.
Links
Please be aware that our websites 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 personally identifiable information.
Contact Us
If you have any questions, comments or complaints about how we handle your personal information, please contact us at consumercare@ferrero.com. You can also contact us at:

Australia
Consumer Care
Ferrero Australia Pty Ltd
Level 18, 168 Walker Street
NORTH SYDNEY NSW 2060
1800 627 231

New Zealand
0800 441 512
We will consider and respond to any complaint notified to us within a reasonable time.  We will always endeavour to answer your questions efficiently and correctly and try to resolve any complaint you may have about our privacy handling procedures to your satisfaction.
In case of dissatisfaction you may decide to contact the Privacy Commissioner in the relevant jurisdiction:

Australia     
Office of the Australian
Privacy Commissioner
Box 5218
SYDNEY NSW 1042
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au

New Zealand
Privacy Commissioner of NZGPO
PO Box 10094
The Terrace
Wellington 6143
Telephone: 0800 803 909
Email: enquiries@privacy.org.nz