Privacy Policy

Last Updated july 11, 2023

Introduction

Ferrara® Candy Company ("Company" or "We") respects your privacy and is committed to establishing procedures to protect it in compliance with this policy. This policy explains how we collect, use, and disclose information about you in the course of our business, including through our sites and applications that link to this policy, and when you use our services, products and other related online or offline offerings operated by or on behalf of Company (collectively, the “Services”), or when you otherwise interact with us or receive a communication from us related to the Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Services.

Information We Collect About You and How We Collect It

We collect information:

Directly from you when you provide it to us.
Automatically as you navigate through the Services.
From third parties, such as our business partners.

Information You Provide to Us

The information you provide us may include:

Contact information, such as your name, email address, phone number, and physical address.
Registration information, including when you sign up to join a group or league, such as a username and password and other information you provide, including related to your preferences.
Transaction information, such as quantity and type of goods purchased, name of purchaser, shipping address and payment information for your purchase, which is securely processed by our third-party payment processor.
Correspondence and records of such correspondence, such as your email address, contents of communications you send us, recordings of phone calls to customer support, support inquiries, or other feedback you provide.
User-generated content such as information you provide in product reviews and surveys, to enter a contest or promotion sponsored by us, in response to our surveys, and in public forums or message boards or on social media.

Information We Collect Through Automatic Data Collection Technologies

As you interact with our Services, we and our partners may use automatic data collection technologies to collect certain information about your device and your interactions, including:

Information about your usage activity, such as details of your visits to our Services, including referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services, error logs, language preferences, and traffic data, logs, and other similar information.
Device information and related identifiers, including your IP address, operating system, browser type, browser language, device identifiers, and platform type.
General location information, such as city, state and zip code derived from your IP address.

The technologies we use for this automatic data collection may include cookies and similar technologies, such as web server logs, beacons, and tracking pixels (“Cookies”). A Cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) analyze your use of the Services; (iv) enhance your user experience by delivering content specific to your interests; (v) recognize when you return to the Services; (vi) assist with security administrative functions; and/or (vii) advertise the Services.

Information Collected from Third Parties

We may collect certain information about you from third parties, including:

When you interact with our social media pages, such as by “liking” or “following” our page or posting comments or replies to our content, consistent with your privacy settings on that platform.
When you log in with a third-party service, such as Facebook or join an event, including those provided by third parties, such as Challonge.
When you use a product locator to find a distributor.

For a description on how these third parties handle and disclose your information, please refer to their privacy policies, which may permit you to modify your privacy settings. We may combine information that we collect from or about you with information about you that we obtain from third parties, including social media and other content platforms.

How We Use Your Information

We use the information that we collect:

To provide and improve the Services.
To conduct internal business operations in support of our Services, such as auditing, security, resolving crashes, preventing fraud, invoicing, marketing, analytics, and research and development.
To customize content, preferences, and offers on the Services.
To advertise the Services.
To comply with laws, regulations, and other legal process and procedures and to establish, exercise, or defend our legal rights.
To take steps that we reasonably believe to be necessary to protect the safety, security, and rights of Company, its employees, service providers, and others.
In any other way we may describe when you provide the information.
For any other purpose for which you provide it or with your consent.

We may use your contact information, registration information, transaction information, correspondence, and user-generated content:

To communicate with you including to provide you with information or Services that you request from us, provide you with customer service, and to notify you about changes to our Services or Terms of Use.
To administer surveys, sweepstakes, special promotions, and contests, allow you to participate in interactive features on our Services, and to contact you regarding other subjects that we think may be of interest to you.

We and our partners may use the information we collect through automated data technologies (as permitted by law):

To help us analyze how users use the Services.
To customize your preferences and personalize the content and offers on the Services.
To deliver personalized ads for the Services through the use of third-party advertising partners, including to deliver, optimize, and measure such ads.

Disclosure of Your Information

We may disclose your information:

To our subsidiaries and affiliates under common ownership and/or control.
To contractors and service providers that provide a variety of services to us, including, without limitation, order processing, billing, sales, marketing, fulfillment, data storage, analysis and processing, and legal services.
To third-party advertising and analytics partners that assist in tailoring, serving, and measuring advertisements to you (to the extent permitted by applicable law and related choices). We also may disclose a hashed version of your email address with third-party advertising partners for purposes of delivering tailored ads to you. These third parties may use Cookies to collect information about your use of the Services. We do not control these third-party technologies, and their use of your information is governed by those parties' privacy policies.
To a buyer or other successor in the event of or in contemplation of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which information held about our users is among the assets transferred.
If required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with applicable laws and regulations or legal process; (ii) enforce our Terms of Use, this policy, or other contracts with you; (iii) respond to claims that any content violates the rights of third parties; and/or (iv) protect the safety, security, and rights of Company, its employees, service providers, and others. We may also disclose information to law enforcement agencies in emergency circumstances where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law.
For any other purpose described by us when you provide the information.
At your direction or with your consent.

If you are an employee of Ferrara® or a related company applying to a job posting through Ferrara® or a related company’s job portal, the information forming your application will only be shared with persons whose involvement is necessary for the recruitment process. In particular, your information will be communicated to the following recipients:

The human resources specialist(s) of the company where you applied for a position (this can be Ferrara®, Ferrero, any entity of the Ferrero Group or a Ferrero related company, as indicated in the job description), as well as the manager(s) or superior(s) with whom you may be working if your application is successful and who are involved in the decision-making process; and
The human resources specialist(s) of other companies of the Ferrero Group who may be interested in your profile.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

Your Rights and Choices

A. Marketing Communications

If we have sent you a promotional email, you may send us a return email asking to be omitted from future promotional emails or opt out by following the instructions at the bottom of the email. This opt out does not apply to our non-promotional emails to you.

B. Rights Regarding Your Information

Depending on your jurisdiction (including California, Colorado, Connecticut, Virginia, the European Union and the United Kingdom), you may have the right, in accordance with applicable data protection laws, to make requests related to your personal information. Specifically, you may have the right to ask us to:

Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
Provide you access to and/or a copy of certain personal information we hold about you.
Correct or update certain personal information we hold about you.
Delete certain personal information we have about you.
Provide you with information about the financial incentives that we offer to you, if any.
Object to or restrict or stop certain uses of your information.
Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.

You may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising” as described below. If you are a California resident, please see the “Your California Privacy Rights” section below for more information about our privacy practices and your rights as a California resident. As provided in applicable law, you also have the right to not be discriminated against for exercising your rights.

Certain information may be exempt from such requests under applicable law. For example, we need certain information in order to provide the Services to you.

We take reasonable steps to verify your identity before responding to a request, which may include, verifying your name and email address. If we are unable to verify you, we may be unable to respond to your requests.

You may be able to designate an authorized agent to make requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with permission to make such requests. We may also follow up with you to verify your identity before processing the authorized agent’s request.

To exercise any of these rights, you can write to us at webservices@ferrara.com or call us via our toll-free number: 800-358-1971.

Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. To submit an appeal, you can write to us at webservices@ferrara.com. You also may have the right to lodge a complaint with a supervisory authority.

C. Opt Out of Sales of Personal Information and Sharing/Processing of Personal Information for Targeted Advertising Purposes

Depending on your jurisdiction, you may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising.”

As explained in the “Disclosure of Your Information” section above, we may provide information to third-party advertising providers for targeted advertising purposes or allow them to collect such information through Cookies. We also may use advertising analytics partners to assist us in analyzing the use of our Services and our user/customer base. Under applicable law, these activities may be considered a “sale” of personal information or the “sharing/processing of personal information for targeted advertising” purposes.

If you would like to opt out of the disclosure of your personal information for purposes that could be considered “sales” for those third parties' own commercial purposes, or “sharing/processing of your information for targeted advertising,” please visit the following link, which is also available in the footer of our website: "Your Privacy Choices." Note that you will need to opt out on each device you use to access the Services and opt out again if you clear your cookies or if your browser is set to automatically do so.

In addition, if you are interested in more information about tailored browser advertising and how you can generally control Cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs.

Please note that you may still receive advertisements even if you opt out of tailored advertising. In that case, the advertisements will just not be tailored. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Additional Information for Certain Users Outside the United States

Ferrara® is considered the “data controller” of the personal information we handle under this Policy. In other words, we are responsible for deciding how to collect, use and disclose this information, subject to applicable law. Our contact information appears at the end of this Policy. Residents of certain jurisdictions may be able to request one or more individual rights set forth above under applicable law.

International Transfers

The Services are headquartered in the United States, where we process and store information. We may also store information on servers and equipment in other countries depending on a variety of factors, including the locations of our users and service providers. We will ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards. By using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S. and other countries, where you may not have the same rights as you do under local law.

Legal Bases

Under the law of certain jurisdictions, such as the European Union, the UK, and Brazil, when we process information in connection the purposes described in this Policy, we rely on legal bases (valid legal reasons) as follows:

Contract - the processing is necessary for a contract you have with us, such as when you make a purchase under our Terms of Service, or because you have asked us to take specific steps before entering into a contract with us.
Consent - you have given us clear permission if you are a jurisdiction where such consent is required (such as for marketing). When we rely on this basis you have the right to withdraw your consent at any time.
Legitimate interests - the processing is necessary for our legitimate interests or the legitimate interests of a third party. These interest include: providing certain of our services; to understand, develop and improve our services; for fraud prevention and security purposes; for legal claims; and to disclose information to relevant parties such as law enforcement and to respond to legal requests.
Legal obligation - the processing is necessary for us to keep to any law that applies (not including our obligations under any contract).
Vital interests - the processing is necessary to protect someone’s life or physical or mental well being.

If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

Security

We have implemented administrative, technical, and physical security measures to protect against the loss, misuse and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.

Retention

We generally retain your information for so long as we determine is relevant to the purposes above. In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the information, applicable legal requirements, and our legitimate interests. The purposes for which we process the information (as well as the other factors listed above) may dictate different retention periods for the same types of information. If you opt out of email marketing, we maintain your email on our suppression list for an extended time to comply with your request.

To dispose of your information, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

Third Party Links

We are not responsible for content from, or links to, third-party websites and services, including social media platforms, that are outside of our control. This policy does not govern those third parties’ content, services, or use of your information.

Children Under the Age of 13

Our Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Services. We do not knowingly collect information from children under 13. If you are under 13, do not use or provide any information on the Services or through any of its features. If we learn we have collected or received information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at:

Ferrara® Candy Company 404 W. Harrison St., Suite 650Chicago, IL 60607 webservices@ferrara.com 708-366-0500

Changes to Our Policy

We will post any changes we make to our policy on this page. If we make material changes to how we treat your information, we will notify you by email to the primary email address specified in your account. The date the policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this policy to check for any changes.

Contact Information

To ask questions or comment about this policy and our privacy practices, contact us at:

Ferrara® Candy Company 404 W. Harrison St., Suite 650 Chicago, IL 60607 webservices@ferrara.com or via our toll-free number: 800-358-1971

Your California Privacy Rights (Last updated 7-11-2023)

This section provides California residents additional information regarding how we collect, use, and disclose your “personal information” as defined in the California Consumer Privacy Act (“CCPA”). Please note the information and the rights discussed below are not applicable to our employees, former employees, candidates, contractors, service providers, or business contacts. We describe the categories of information we collect, our business purposes for collecting such information, the sources and uses of such information and the entities with which we disclose such information in the “Information We Collect About You and How We Collect It”, “How We Use Your Information,” and “Disclosure of Your Information” sections of this policy. We provide additional information required by the CCPA below.

Categories of Personal Information Collected. We collect the following categories of personal information:

Identifiers, such as name, address, phone number, email address and online identifiers.
Device identifiers, such as IP address.
Commercial information, such as transaction information and purchase history.
Internet or network activity information, such as browsing history and interactions with our Services and applications.
General geolocation data, such as city, state, and zip code.
User-generated content or feedback that you provide.
Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
Login information, such as username and password.

As described above, this information is collected directly from California residents themselves, through automatic data collection technologies, and from third parties.

Use and Disclosure of Personal Information. We may use this personal information to operate, manage, and maintain our business, to provide our Services, and to otherwise accomplish our business purposes and objectives. Our business purposes and objectives include, for example, developing, improving, and maintaining our Services; personalizing, advertising, and marketing our Services; conducting research and data analysis; maintaining our facilities and infrastructure; undertaking quality and safety assurance measures; conducting risk and security control and monitoring; detecting and preventing fraud; performing identity verification; performing accounting, audit, and other internal functions, such as internal investigations; complying with law, legal process, and internal policies; maintaining records; and exercising and defending legal claims. We also may disclose these categories of personal information to third parties, including our affiliates and service providers, for our operational business purposes.

Sale/Sharing of Personal Information. We may engage in targeted (or cross context behavioral) advertising on the Services or on other sites and when we advertise our Services elsewhere. In connection with such advertising, we may share the following categories of information with advertising networks and providers, and social media networks, which may be considered a sale or the sharing/processing of personal information for targeted advertising under California law:

Device Identifiers; internet or other network or device activity (such as browsing history and usage information); hashed contact information.

If you would like to opt out of the disclosure of your personal information for purposes that could be considered “sales” for those third parties' own commercial purposes, or “sharing/processing for purposes of targeted advertising,” please visit the following link, which is also available in the footer of our website: "Your Privacy Choices". Note that for device information and activity you will need to opt out on each device you use to access the Services.

Additional Privacy Rights. If you are a California consumer, you may have the rights in the “Your Rights and Choices” section above.
Additionally, when you sign up for a promotion, we typically ask you to provide your name and contact information (such as email address and/or telephone number). Because this involves the collection of personal information, it might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted Services, or other benefits that you obtain or that are provided as part of the applicable promotion.

The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note, in the limited circumstances that we process sensitive personal information (such as usernames in combination with passwords) as defined in the CCPA, we do not use or disclose it other than for disclosed and permitted business purposes for which there is not a right to limit under the CCPA.

Retention. We generally retain your information for so long as we determine is relevant to the purposes above. In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the information, applicable legal requirements, and our legitimate interests. The purposes for which we process the information (as well as the other factors listed above) may dictate different retention periods for the same types of information. If you opt out of email marketing, we maintain your email on our suppression list for an extended time to comply with your request.
To dispose of your information, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

Shine the Light. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of “personal information” (as defined by that law) to third parties for their own direct marketing purposes. We do not provide such information to third parties for their own direct marketing purposes. You can opt out of the sale and share of information for targeted advertising purposes as described above.