Legal Mentions – LINDT & SPRÜNGLI (AUSTRIA ) GmbH
This document contains the following terms:
- Terms and Conditions applicable to websites, online shops, applications and other pages on social media
- Privacy Notice
- Cookie Notice
TERMS AND CONDITIONS APPLICABLE TO OUR WEBSITES, ONLINE SHOPS, APPLICATIONS AND OTHER PAGES ON SOCIAL MEDIA
In LINDT & SPRÜNGLI you have found a partner that is dedicated to producing the world’s finest chocolates. We are delighted to welcome you on our Website.
We uphold the trust of our visitors to our online presence, via our websites, our online shops, our applications and our social pages (called the “Sites”).
These Terms and Conditions apply to visitors, fans or partners or anyone interacting with our Sites. Your access and use of LINDT & SPRÜNGLI Sites operated by ourselves or run on our pages on third party’s platforms are governed by these Terms and Conditions. By accessing, browsing and using our Sites, you acknowledge that you have read, understood and accepted these Terms and Conditions.
We reserve the right to update these Terms and Conditions occasionally in particular for legal or regulatory reasons or to allow optimal functioning of the Sites.
INTELLECTUAL PROPERTY RIGHTS
LINDT & SPRÜNGLI is the owner or authorized user of all copyright, trademarks and other intellectual property rights in all text, images and additional content on the Sites. We allow you to browse the Sites and reproduce extracts for your own use, but please keep intact all copyright and trademark notices. Reproduction, sale or use for commercial purpose is not permitted.
You guarantee that you are the owner of all the rights over any submission, including without limitation idea, feedback or know-how on the Sites or have obtained permission to share it with us. You also agree that LINDT & SPRÜNGLI is allowed to re-use your submission free of compensation.
Additional information (such as images, text, files, media,) which you may have access to on the Sites is the sole responsibility of the source from which such content originated. LINDT & SPRÜNGLI does not guarantee that your use of any content presented on the Sites will not infringe rights of third parties.
OTHER INFORMATION IN CONNECTION WITH OUR SITES
Any personal data that you share with us via Internet is protected according to our Privacy Notice. We invite you to read this Privacy Notice carefully before providing us with any personal data.
Additional information or material communicated to LINDT & SPRÜNGLI through Internet, via electronic mail or otherwise, including any files, comments and suggestions are and will be rendered non-confidential and non-proprietary.
You shall refrain from utilizing our Sites to infringe anyone’s privacy and/or denigrate LINDT & SPRÜNGLI, its users or partners or attack our systems with viruses or security issues.
You may link to our Sites, provided that you do not suggest in any way that you are affiliated with or endorsed by us. You shall not use “framing”, “deep linking” or similar practices and must guarantee that the link to the Site opens in a separate window.
YOUR RATINGS, REVIEWS AND OTHER TESTIMONIALS ABOUT OUR PRODUCTS
LINDT & SPRÜNGLI welcomes your feedback on our products and services through our loyalty programs or on our Sites and platforms. Product testimonials shall be truthful and constructive. We furthermore reserve the right to edit your testimonials for length, spelling, etc. and re- post your comments in marketing or communication materials.
ONLINE PROMOTIONS AND CONTESTS
You can participate to the online promotions and contests that we run on our Sites without any obligation to purchase or order products or services. The rules of each promotion are communicated along with the promotion entry details. We will notify the winners in writing and our Privacy Notice applies to the collection of personal data for the purpose of the promotion or the contest.
YOUR ACCOUNT WITH US
If you open an Account on one of our Sites, you are responsible for ensuring that personal data which you are required to provide upon registering is truthful, accurate and up-to-date in all respects. If your personal data changes, or if you wish to cancel your Account, you may notify us by contacting us at +41 44 716 22 33 or via our contact form: www.lindt-spruengli.com/support/contact/.
Upon registration, you will receive a password. This is to be kept secret as you are solely responsible if you do not maintain its confidentiality.
We reserve the right to refuse service and/or terminate accounts without prior notice should these Terms and Conditions be violated or if we decide, in our sole discretion, that it would be in LINDT & SPRÜNGLI’s best interests to do so.
Although our aim is to offer you the best service possible, we make no promise that the services on the Sites will meet your standards, that the services will be fault-less, or that the Sites will be available at all times. Note that some online offers or news available on our Sites may contain information about products and services which are not for sale in your country.
As a service to our visitors, our Sites may comprise hypertext links redirecting to other Sites that are not operated or controlled by LINDT & SPRÜNGLI or its affiliates. LINDT & SPRÜNGLI shall not be considered accountable for these sites and hence declines all responsibility and liability in relation to their content, lawfulness, accuracy or functions.
Whilst LINDT & SPRÜNGLI makes reasonable efforts to exclude viruses or other destructive computer codes from the Sites, it does not give any assurance and assumes no liability in relation to viruses or such computer codes.
To the extent permissible by any applicable law, LINDT & SPRÜNGLI, its affiliates and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for direct or indirect loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to, use of, or reliance on our Sites, regardless of whether such loss or damage would arise in the ordinary course of events, is reasonably foreseeable, or is caused by any error or omission in the Sites (whether negligent or not). In addition, LINDT & SPRÜNGLI, its affiliates and their officers, directors, employees, shareholders or agents of any of them, exclude in any case all liability and responsibility whatsoever in connection with your use of or access to linked third party websites.
To the extent permitted by applicable law, you expressly waive all claims against LINDT & SPRÜNGLI, its officers, directors, employees, shareholders, associated companies or agents that may arise from your use or access of our Sites.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions as well as the use of this Website are governed in accordance with or abiding by Swiss substantial law, without giving effect to the principles of conflict of laws. For any dispute or claim relating to these Terms and Conditions and the use of the Sites the exclusive place of jurisdiction shall be Zurich (city district no. 1), Switzerland. LINDT & SPRÜNGLI, however, has the right to initiate proceedings at any other competent court.
This Website is operated by or on behalf of Lindt & Sprüngli (International) AG, registered in Switzerland under number CHE‑102.231.350 and located at Seestrasse 204, 8802 Kilchberg, Switzerland. If you have any questions regarding these Terms and Conditions, please contact us via the online form: www.lindt-spruengli.com/support/contact/ or write to us at the address mentioned above.
If any of these Terms are found to be illegal or otherwise unenforceable, such terms shall be deleted from the Terms and Conditions and the remaining enforceable terms shall continue in full force and effect.
© LINDT & SPRÜNGLI AG 2018
LINDT & SPRÜNGLI PRIVACY PRINCIPLES
We at LINDT & SPRÜNGLI respect your right to privacy. Our main principles include:
We will protect your privacy and we wish to offer you tailormade service.
Personal data is collected for specific purposes based on your consent or on a legitimate interest when you interact with us.
You have the right to be informed about and to access your personal data at any time you like and may request correction or deletion.
We do not sell your personal data to anyone. However, if need be and if mentioned or agreed by you, we may share your data with group companies, brand licensees, partners and other service providers via which their own privacy notice may apply.
We ensure that we will take all reasonable steps in order to protect your data from misuse and keep it secure.
LINDT & SPRÜNGLI PRIVACY NOTICE
We appreciate you visiting and using our websites, our online shops, our applications and our social media pages (called the “Sites”). We trust you will enjoy learning more about LINDT & SPRÜNGLI, the story of our Brands and our products and services.
This Privacy Notice explains how and for what purposes we use the information collected about you through our Sites, our offline programs, your visits to our retail stores or our festive events.
1 WHEN DOES THIS PRIVACY NOTICE APPLY?
We here at LINDT & SPRÜNGLI respect your right to privacy when you use our Sites or when you interact with us in our stores or during our events. By using our Sites or by providing personal data, you in turn accept the practices described in this Privacy Notice. If you do not agree to this Privacy Notice, we suggest you refrain from using or visiting our Sites or providing personal data.
LINDT & SPRÜNGLI reserves the right to make changes to this Privacy Notice at any time, so make sure you review it regularly. The changes will be effective when posted on this Website and we will provide you reasonable notice of any material change.
2 HOW DO YOU CONSENT?
We will only collect, use or disclose your personal information where it is fair and lawful to do so. In most cases, we will request your consent explicitly but, in some cases, we will deduce consent from your actions and behaviours. In addition, we will process your data for legal purposes or based on our legitimate interests.
We will ask you to provide additional consent if we need to use your personal information for purposes not covered by this Privacy Notice. You are not obliged to give such consent but if you decide not to, your access to some activities may be limited.
3 HOW IS DATA COLLECTED BY LINDT & SPRÜNGLI?
- PERSONAL DATA
This Privacy Notice applies to personal data that LINDT & SPRÜNGLI collects from individuals or entities via a number of sources (for example websites, online shops and mobile apps, social networking sites, events or consumer engagement services) and, in some instances, from third parties.
3.2 TYPES OF PERSONAL DATA COLLECTED
LINDT & SPRÜNGLI only collects personal data necessary for a specific purpose. We collect the following personal data:
Personal data you share with us directly
We collect personal data when you request information about us, purchase our products, register for a contest, or use an application of our company. You will be informed what kind of data is mandatory and what kind of data may be provided by you on a voluntary basis. The types of personal data include:
- Personal contact information such as name, address, email, phone number, picture and demographic information, including age, gender, household or location.
- Account login information if you open an account with us or your details when you fill out a survey (name, email address, login ID, username, password and security question).
- Payment information, such as name, credit card number, expiry date, billing address.
- User-generated content, including any content (e.g. photos, videos and personal stories) that you create and share by uploading it to our Sites.
- Employment information such as your CVs and references.
Information collected automatically when you interact with our Sites
- We collect personal data from third party social networking sites (such as the “Like” functionality on Facebook, the “Follow” functionality on Twitter or the YouTube functionality) through so called social plug-ins. The purpose of the data collection and the further processing and use of the data by the providers on their pages as well as the rights and setting options for the protection of your privacy can be found in the data protection references of the respective providers. If you do not want the third party social networking site to allocate data collected through our Sites to your account with this social network, you must log out of the respective social networking site before visiting our Sites.
Information we collect from other sources
We collect information about you from other sources including
- Affiliates of the Lindt Group,
- Promotional partners and other companies (subject to their privacy policies and applicable law),
- Payment processors to protect all our customers against potential fraud,
- Third party data aggregators (e.g. Google), and
- Public sources, such as publicly-available sources such as open government databases or other data in the public domain.
Collected information can include name, address, age, shopping habits, preferences and interests, online advertising; publicly available information such as user-generated content, blogs and postings, as permitted by law.
4 ABOUT CHILDREN’S PERSONAL DATA
Most of our Sites are designed and intended for use by adults. Where a Site is offering content to a younger audience, we will gather consent from a parent or guardian prior to collecting personal information where we feel it is appropriate or where it is required by applicable laws and regulations (the age of consent varies per country). If we detect that children’s personal data has been transmitted to us, it will be deleted from our database. The parents (or legal guardians) of the child may contact us and request deletion of the data or de-registration (contact details see below). For this purpose, we may ask for a copy of an identification document, confirming the parental or guardian relationship.
5 WHY DO WE COLLECT PERSONAL DATA AND USE IT?
LINDT & SPRÜNGLI collects and uses personal data for a range of purposes. You can object to each of this data processing at any time (contact details see below). Your data is collected for the following purposes:
- to allow you to create and access your user account including any loyalty program associated with your account [so-called “request or contract legal basis (according Art. 6 para. 1 lit. b GDPR)”].
- to process and ship your orders and purchases [so-called “request or contract legal basis (according Art. 6 para. 1 lit. b GDPR)”].
· to develop consumer engagement and provide you a tailored consumer service, such as:
- to send you information, products or samples that you have requested [so-called “consent legal basis (according Art. 6 para. 1 lit. a GDPR)”].
- to contact you in relation with your queries, complaints or comments, via email, letter, telephone or online chat features [so-called “request or contract legal basis (according Art. 6 para. 1 lit. b GDPR)”].
- to get you more actively engaged with our products and services by publishing your content for example [so-called “consent legal basis (according Art. 6 para. 1 lit. a GDPR)”].
· to use it for contests or promotions you have entered or loyalty programs you are affiliated with, such as:
- to administrate contests or promotions [so-called “request or contract legal basis (according Art. 6 para. 1 lit. b GDPR)”].
- to publish the contact details of the winners [so-called “legitimate interest legal basis (according Art. 6 para. 1 lit. f GDPR)”].
- to allow you to participate in our loyalty program and interact with us within the program [so-called “request or contract legal basis (according Art. 6 para. 1 lit. b GDPR)” or based on your consent (according Art. 6 para. 1 lit. a GDPR)”].
· to contact you for marketing purposes, including direct marketing and social features within social networks [so-called “consent legal basis (according Art. 6 para. 1 lit. a GDPR)”], such as:
- to send you our newsletters, if you have subscribed to such a service.
- to suggest products or services which we think may be of interest to you.
- to offer you the opportunity to take part in competitions or promotions.
- to contact you via mobile message service if you have subscribed to such services. If done via a partner, we will communicate its name to you.
· to improve our Sites and/or to combine with information we receive from others in order to help understand your needs and offer you with better service, including customizing sites and products for you and serving you interest-based advertising [so-called “consent legal basis (according Art. 6 para. 1 lit. a GDPR)”], such as:
- to evaluate the use of our Sites, using data such as information about account login, computer usage, and/or previous website usage.
- to evaluate the use of our Sites with tracking-tools. Find out more in our Cookie Notice.
- to improve our products and services using demographic information, consumer profiling and consumer feedback.
- to analyse the effectiveness of our advertisement and promotions, via cookies or tracking technologies.
- to personalize your website experience based on targeted advertising.
- to offer you social features via community forums, tell-a-friend program or social networking features such as Facebook Connect [so-called “consent legal basis (according Art. 6 para. 1 lit. a GDPR)”].
- to process your job application for employment and possibly to determine whether you would be suitable for other positions available with our company [so-called “consent legal basis (according Art. 6 para. 1 lit. a GDPR)”].
· for internal governance, security and case management [so-called “legitimate interest legal basis (according Art. 6 para. 1 lit. f GDPR)”], such as:
- to maintain the day-to-day operation, the maintenance and the security of LINDT & SPRÜNGLI Sites.
- to conduct demographic studies or audits.
- to contact you for consumer research.
- to manage risks, disputes and records.
- to comply with legal and regulatory requirements.
6 WHY DO WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES?
LINDT & SPRÜNGLI does not share your personal information with any third party that intends to use it for direct marketing purposes, unless you have provided specific consent in relation to this.
We disclose your personal data to the following categories of recipients:
- our affiliates and any company of the LINDT & SPRÜNGLI Group
- commercial partners, such as brand licensees or co-organizers of a promotion
- service providers to provide services on behalf of LINDT & SPRÜNGLI
- authorities for legal reasons and potential buyers to carry a specific transaction.
Find out more about the recipients:
- Affiliates, Group companies and brand licensees include
- a company receiving a query and transferring it to another company entitled to respond.
- a company sharing a job application should it be addressed to another company.
- a company transferring an account opened on its company site to another company site if so requested by you.
- Commercial partners include
- entities participating to a joint promotion or a loyalty program and wishing you to send you information if you have consented to it. Both LINDT & SPRÜNGLI and the partner might be joint controllers of your personal data. The privacy notice of such partner will apply to the processing of your personal information by the partner.
- at your request, and provided we are under no legal obligation to keep it, we shall delete or anonymize your personal data from the Sites. However, you should note that your personal data may still be available in the partner’s own databases if transmitted prior to us receiving your request.
- Service providers include
- advertising, media and marketing agencies delivering and analysing our campaigns.
- postal and logistic companies delivering a product you have ordered.
- data processing entities acting upon instructions of LINDT & SPRÜNGLI, such as recruitment agencies, hosting or security providers.
- web analytics tools providers.
- Authorities include
- governmental or law enforcement authorities requesting us to disclose the information based on applicable law.
- Potential buyers include
- entities to which LINDT & SPRÜNGLI divest all or a part of its business or a brand, or in connection with a merger, change in control, or liquidation of that business or brand.
We require such third parties, possibly based outside the country from which you have accessed the Sites, to comply with all relevant data protection laws and security requirements in relation to your personal data. Such third parties are obliged to protect data privacy to the same extent as we do ourselves. If the level of data protection in a country does not comply with Swiss or EU data protection laws, we contractually ensure that the protection of your personal data is the same as that in Switzerland or the European Economic Area (EEA) at all times.
Find out more about the processing of data in the USA
Various third-party service providers have their residence in the USA. We would like to point out to users residing or based in Switzerland that in the USA there are monitoring measures taken by the US authorities that generally allow the storage of all personal data relating to all persons whose data has been transferred from Switzerland to the USA. This happens without differentiation, limitation or exception on the basis of the aim pursued and without an objective criterion that makes it possible to limit access to the data by US authorities and its later use to very specific, strictly limited purposes that may justify the intervention associated with both access to this data and use thereof. We would also like to point out that there are no judicial remedies in place in the USA for affected persons from Switzerland/EEA that would make it possible to receive access to the data relating to them and to have this corrected or deleted, as well as no effective legal protection against general access rights by US authorities. We refer the persons affected explicitly to this legal and factual situation so that they can make an appropriately informed decision on whether or not to consent to their data being used.
For users residing in EU Member States, please note that, from the point of view of the European Union, the USA does not have sufficient data protection levels due, inter alia, to the issues mentioned in this section. To the extent that we have explained in this Privacy Notice that recipients of data (such as Google, Facebook and Twitter) are located in the USA, we will either based on a contract or by securing certification of these companies under the EU-US -Privacy Shield ensure that your data is protected at an appropriate level by our partners.
If we propose social plugins or if you connect your Account to your accounts on third party platforms like Facebook, we can collect and process account related information. If you connect with Facebook, your Facebook identity, name, email, location, friends list and profile picture will be stored and is used to connect with your Facebook account to provide certain functionality on the Sites. The third-party platform’s use of information collected from you (or as authorized by you) is governed by its own privacy notice and your settings on the service. For further information please check the privacy notice of the respective social network.
7 HOW DO WE STORE AND SECURE DATA AND FOR HOW LONG?
LINDT & SPRÜNGLI takes all reasonable technical and organisational measures to protect the personal data we hold against loss, unauthorised access or disclosure and against other misuse.
Personal data will not be sold, shared or otherwise disclosed or transferred to any other third parties except as provided in the Privacy Notice.
We keep your personal data for as long as necessary for the given purpose, such as to send you our newsletter and other marketing communication, answer queries, resolve problems or provide improved and new services, or for legal requirements. We are allowed to retain the data for a reasonable time after you stop using our services. After a certain period, we will destroy or delete it in a secure manner, if there is no legal obligation to retain the information for a longer period.
In particular we only store personal information for the following duration:
- a) to carry out services that you requested or to which you have given your consent to the extent specified above;
- b) to use tracking advertising and analysis services within the scope of our legitimate interest.
8 WHAT ARE YOUR RIGHTS?
8.1 HOW YOU CAN ACCESS YOUR PERSONAL DATA AND SEEK ITS CORRECTION
You may request access to your personal data we hold by contacting us at firstname.lastname@example.org. You have the right to tell us if you would like to correct, update or delete your personal data in our records. You also have the right to reclaim from us the data you have given us. In order to assist us in dealing with your request, please provide your full name and details. For this purpose, we may require a copy of an identification document at our discretion.
You can opt-out at any time from marketing communications, including targeted advertising messages, by choosing to ‘opt-out’ of marketing preferences or by contacting us at email@example.com. You can also limit the use of tracking technologies (such as cookies for which you can set your browser to warn you before accepting them, or you can simply set it to refuse them).
If you have an account with LINDT & SPRÜNGLI, you can use the corresponding option to change your opt-in/opt-out preferences.
8.2 HOW TO CONTACT US
Should you be concerned about a possible interference with your privacy or misuse of your personal data by us, or if you have any questions or comments, you can contact via our online form, by email firstname.lastname@example.org or write to us using the address mentioned above.
© LINDT & SPRÜNGLI AG 2018
OUR COOKIE NOTICE
A cookie is a small piece of information sent to the hard drive of your device via a web server so that some information about your browsing activity can be collected.
We refer to the term “cookie’ for any technology collecting information from your device, such as information about your use of our applications and websites, or concerning your device such as the device ID, IP address and browser type, demographic data and if applicable the URL of the linking page.
Our use of web beacons or pixel tags allows us to count the number of visitors who have viewed our pages or read our promotional e-mail messages/newsletters. They are not used to access your personal data without your consent.
Necessary Cookies: Such cookies are strictly necessary for the operation of a site. Without such cookie, the Site will not function properly. These cookies do not gather any information about you that may be used for marketing or retaining where you’ve been on the internet. We use them to
- Remember information you have entered when you navigate to different pages in a single web browser session
- Identify you as being logged in to our Site
- Remember the goods and services you ordered when you reach the checkout page
Performance cookies collect information in regard to your use on our Site. The information collected is anonymous. We use them to
- Provide statistics on how our Site is used
- See how effective our advertisements are (we do not use this information to target adverts to you when you visit other websites)
- Help improve the Site by measuring any errors that occur
- Test different designs of our Site
Functionality cookies are used to provide services or remember settings to improve your visit. We use them to
- Remember settings you have selected such as layout, language, or preferences
- Remember if we have already asked you if you want to fill out a survey
- Show you when you are logged in to our Site
- Share information with partners to provide a service on our Site. The information shared is only to be used to provide the service, product or function and not for any other purpose.
Targeting cookies are linked to third party services, such as ‘Like’ buttons and ‘Share’ buttons. The third party provides these services in return for recognising that you were a visitor to our Site. We use them to
- Link to social networks like Facebook, which may subsequently use information about your visit to target advertising to you on other websites
- Provide advertising agencies with information on your visit so that they can present you with adverts that you may be interested in.
You can know more about some of our cookies on https://www.chocolate.lindt.com/:
|Name||Purpose||Type of Cookie and Lifetime|
|Lindt (Magento Part)||Main customer session cookie in Magento. Stores Magento customer session id, with this cookie Magento identifies the user.||Functionality
L2 years and updated with every request
|Lindt (Typo3 Part)||Main customer session cookie in Typo3. Stores TYPO3 customer session id.||Functionality
current http session
|Lindt||Need for sso (single sign out) between Magento and Typo3. With this cookie we share information about Magento/TYPO3 login. This information is needed for SSO.||Functionality
2 hours and updated with every request
|Lindt||Magento customer group id. Used in Varnish cache configuration||Functionality
2 hours and updated with every request
|Google Analytics||Recall what a user has done on previous pages / interactions with the website. https://support.google.com/analytics/answer/6004245||Performance
|Google Adwords||Measure conversion on how many people who click on ads end up purchasing their products. https://www.inflectra.com/company/cookie-list.aspx||Performance
|Authentification, security, website and product integrity, website functions and services, performance, analytics und research, advertising, statistics and measurement. https://de-de.facebook.com/policies/cookies/||Performance and Targeting
2 weeks to 2 years
|Personalization, preferences, log in, security, analytics Pinterest may use third-party analytics or security vendors. https://policy.pinterest.com/de/cookies||Performance and Targeting
|Cookie from Twitter widget. https://dev.twitter.com/web/overview/privacy||Performance
2 weeks to 2 years
|Double Click||Cookie for Double Click analytics||Performance
2 weeks to 2 years
|Evalanche||Track user preferences. https://www.sc-networks.ch/unternehmen/datenschutz/||Functionality
We reserve the right to make any changes and corrections to this Cookie Notice. Please refer to this page from time to time to review our list of cookies and other tracking technologies.
© LINDT & SPRÜNGLI AG 2018