Terms of use

introduction
1.INTRODUCTION AND ACCEPTANCE

Effective 2014 July 24th 

Welcome to mentos.com. Perfetti Van Melle USA, Inc. (“Perfetti”, “we”, “us” and “our”) offers you access to its interactive online websites, applications and services. These Terms of Use, together with our privacy policy and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”) or any mobile or other applications that we now or in the future may offer (“Applications”). The Website and Applications together constitute our “Services.” Our Services include mentos.com and all other locations on which we place these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING AND/OR USING THE SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES.

terms of use
2. INTELLECTUAL PROPERTY

The Services and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Services Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Services are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Services or any Services Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

3. SERVICES ACCESS AND USE

 (A) Access to the Services including, without limitation, the Services Content is provided for your information and personal, non-commercial use only. When using the Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Services Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Services Content or both. In such a case, you may download or print (as applicable) one copy of Services Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Services Content.

(B) Furthermore, except as expressly permitted in these Terms of Use, you may not:

  • (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Services or Services Content;
  • (ii) circumvent, disable or otherwise interfere with security-related features of the Services including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Services or Services Content; 
  • (iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Services Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Services Content from the Services for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Services Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time; 
  • (iv) collect or harvest any personally identifiable information from the Services including, without limitation, user names, passwords, email addresses; 
  • (v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval; 
  • (vi) attempt to or interfere with the proper working of the Services or impair, overburden, or disable the same;
  • (vii) decompile, reverse engineer, or disassemble any portion of any the Services; 
  • (viii) use network-monitoring software to determine architecture of or extract usage data from the Services;
  • (ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined in the “USER REGISTRATION” section) without permission, etc.); 
  • (x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
  • (xi) engage in any conduct that restricts or inhibits any other user from using or enjoying the Services. 

(C) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

4. USER REGISTRATION

(A) In order to access or use some features of our Services, you may have to become a registered user. If you are under the age of 13, you are not permitted to register as a user or otherwise submit personal information to mentos.com.

(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Services not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at webmaster@us.pvmgrp.com of any breach of security or unauthorized use of your Membership.

5. USER CONTENT

(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Services (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. 

(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

(C) You represent, warrant, and covenant that you will not submit any User Content that: 

  • (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
  • (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; 
  • (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
  • (iv) is an advertisement for goods or services or a solicitation of funds; 
  • (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; 
  • (vi) contains a formula, instruction, or advice that could cause harm or injury; or 
  • (vii) is a chain letter of any kind. 
  • Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted. 

(D) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

(E) By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.

(F) We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

6. SERVICES CONTENT & THIRD PARTY LINKS

(A) We provide the Services including, without limitation, Services Content for educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Services Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Services Content.

(B) In many instances, Services Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Services by anyone other than authorized employees or spokespersons while acting in their official capacities.

(C) Any health related information that may be posted is not intended to be a substitute for professional medical advice. We do not endorse or warrant the validity of any such health related statements found on this Services or in any in third party sites referenced in the Services. This information should be treated as general in nature which may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services.

(D) If there is a dispute between persons accessing the Services or between persons accessing the Services and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Perfetti, its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

(E) The Services may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

7. INDEMNIFICATION

You agree to indemnify and hold harmless Perfetti and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Services; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

8. DISCLAIMERS

(A) YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, PERFETTI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES OR SERVICES CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR ACCESSED THROUGH THE SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; (6) WARRANTIES THAT YOUR USE OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

9. LIMITATION ON LIABILITY

(A) UNDER NO CIRCUMSTANCES SHALL PERFETTI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PERFETTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE SERVICES CONTENT IS TO STOP USING THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR ANY LINKS ON THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR ANY LINKS ON THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE SERVICES.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF PERFETTI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY PERFETTI DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

10. TERMINATION

(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Perfetti shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Services.

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the “MISCELLANEOUS” section.

11. COPYRIGHT POLICY

(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Bethany Elaine Ammons, Esq.
Perfetti Van Melle USA, Inc.
3645 Turfway Road
P.O. Box 18190
Erlanger, KY 41018-0190
FAX: (859) 283-6897
bethany.ammons@us.pvmgrp.com

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  • (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

12. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Kentucky without regard to its conflict of laws rules. Any legal proceedings against Perfetti that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be brought exclusively in the state and federal courts located in Boone County, Kentucky and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

13. DISPUTE RESOLUTION & MANDATORY ARBITRATION

(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at: bethany.ammons@us.pvmgrp.com. We will contact you based on the contact information you have provided us or that we obtain by other means.

(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

(E) Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to the “NO CLASS ACTION” section below, we each agree that any arbitration will be solely between you and Perfetti and not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction in section is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.

14. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

15. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

16. AMENDMENT; ADDITIONAL TERMS

(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Services generally, unique parts of the Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms of Use and the Services from time to time for any changes or Additional Terms. Your access and use of any the Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Services and, if applicable, terminate your Membership.

17. MISCELLANEOUS

(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

(B) Except where specifically stated otherwise (e.g., the “DISPUTE RESOLUTION & MANDATORY ARBITRATION” section), if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

(C) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

(D) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
0091885.0517843 4819-5601-4364v2

privacy

Perfetti Van Melle USA Privacy Policy

Last modified: January 1, 2020

Perfetti Van Melle USA (“PVM”, “us”, “we”, or “our”) cares about your privacy and is committed to protecting it.

This policy describes our practices for collecting, using, maintaining, protecting, and disclosing the information we may collect from you or that you may provide when you visit www.mentos.com and any other website, communication, or form/ application, platform, or other digital property that link or refer to this policy (together, the “Website”). 

This policy applies to the information collected:

  • through our Website, 

  • in email, text, and other electronic messages between you and our Website.

This privacy policy does not apply to banners, sweepstakes, and other advertisements or promotions we may sponsor or participate in on websites owned by third parties unless such advertising, apps include links to this privacy policy. If in any case our privacy practices differ from those explained in this policy, we will advise you at the time we ask for or collect your information.

1. Information We May Collect About You

Personal information, or personal data, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows:

  • Identity or Contact Data includes name, postal or shipping address, email address, telephone number, date of birth, or similar identifier. 

  • Technical Data includes internet protocol (IP) address, browser type and version, time zone setting, location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website. 

  • Transaction Data includes details about products that we may send to you.

  • Profile Data includes your interests, preferences, feedback and survey responses.

  • Usage Data or Navigation Data includes information about how you use the Website. 

  • Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose, which we do not treat as personal information. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a feature on the Website. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this privacy policy. 

If You Fail to Provide Personal Information

Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

2. How We Collect Information About You

We use different methods to collect information from and about you including through:

  • Direct interactions. You may give us information about you by filling in forms or by communicating with us e-mail or otherwise. This includes information you provide when you provide your name, mail/shipping address, email address, credit card number and phone number when registering or in connection with a contest entry or coupon request; (b) provide certain demographic information about you (e.g., age, gender, usage frequency, etc.) when using our Website or participating in a survey or poll; or (c) post a general comment and/or recommendation on our Website . 

  • Automated technologies or interactions. As you interact with our Website, we may automatically collect technical data about your equipment, browsing actions and patterns as specified above. We collect this information by using cookies, server logs, web beacons, and other similar technologies (see Cookies and Automatic Data Collection Technologies).

  • From our service providers. This includes businesses that collect your personal information on our behalf in order to help us respond to consumer inquiries, conduct market research, and comply with legally mandated disclosure requirements.

  • Other third parties or publicly available sources. We may receive information about you if you visit other websites employing our cookies or  from third parties including, for example, business partners, sub-contractors in technical, delivery services, social network platforms, analytics providers, search information providers, credit reference agencies, data brokers, or aggregators.  

  • User contributions. We may allow you to provide information to be published or displayed (“posted”) on public areas of the Website or to transmit information or content to other Website users or third parties (collectively, “User Contributions”). You submit User Contributions for posting and transmission to others at your own risk. We cannot control the actions of any Website users with whom you choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.

3. Cookies and Automatic Data Collection Technologies

Our Website uses automatic data collection technologies to distinguish you from other Website users. This helps us deliver a better and more personalized service when you browse our Website. It also allows us to improve our Website by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store your preferences so we may customize our Website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Website.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).  

We use Google Analytics to perform analytics services for us, which may include tracking your interactions with our Website and to storing information, such as what time you visited it, whether you have visited it before and what site referred you to it. Website measurement statistics may be used to personalize your website experience, as well as to evaluate – anonymously and in aggregate – statistics on website activity. We use this information to measure the effectiveness of our web presence and to compile statistical reports. Additional information about how Google Analytics and collects and processes data can be found here.   

Certain internet browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference-based advertising purposes (“DNT Notice”). Some browsers are, by default, set to provide a DNT Notice, whether that reflects your preference. Please note that with respect to our Website, we do not take any action based on browser based DNT Notices. If you do not wish to participate in behavioral tracking activities, you should follow the opt-out process described in Your Choices About Your Information.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. For information about managing browser settings to refuse cookies, see Your Choices About Your Information.

  • Flash Cookies. Certain features of our Website may use Flash cookies (local stored objects) instead of browser cookies to collect and store information about your preferences and navigation to, from, and on the Website. For information about managing Flash cookies see Your Choices About Your Information.

  • Web Beacons. Our Website pages and e-mails may contain small transparent embedded images or objects known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording Website content popularity or verifying system and server integrity. For information about managing your browser or email program to not download web beacons, see Your Choices About Your Information.

We do not respond to or honor “do not track” (a/k/a DNT) signals or similar mechanisms transmitted by web browsers.

4. Interest Based Advertising

Our website may integrate technology of trusted advertising partners (third-party companies) that allow the recognition of your device and the collection of information about your browsing activity in order to provide advertisements about our products that are likely to be of greater interest to you. In particular, these partners collect information about your activity on this website to enable us to show advertisements for our products to you on third-party websites or apps.

Our partners may use non-cookie technologies on which browser settings that block cookies might have no effect. Your browser may permit you to block such technologies. For this reason, keep in mind that you can block the collection and use of information related to you by advertising companies for the purpose of serving interest based advertising by visiting the following platforms of self-regulatory programs of which those companies are members:

We may share data, such as technical identifiers derived from your registration information on our website or our CRM system with our trusted advertising partners so that they can provide services for us. This allows them to link devices or browsers and to provide you a seamless experience across the different environments used or likely used by you.

5. Third Party Content, Apps, and Links

Some content or applications on the website may be served by third parties, content providers and application providers. For example, we may make available the option for you to use “plug ins” that are operated by social media companies. If you choose to one of these plugins, then it may collect information about you and send it back to the social media company that owns it. This may happen even if you do not click on the plug in, if you are logged into the social media website that owns the plugin when you visit our website. Information collected by a plug in is subject to the privacy policy and terms of the social media company that makes it. These are non-essential cookies and only work if you accept cookies. If you are logged into your social media account when you visit our website, you permit us (and are directing us to) disclose information to these social media plug in owners.

6. How We Use Your Information

We use your information to provide you with products, communicate with you, deliver advertising and marketing, or to conduct other business operations, such as using information to improve and personalize your experiences. Examples of how we may use the information we collect include to:

  • To carry out your requests, respond to your questions and comments, and in other ways naturally associated with the circumstances in which you provided information to us. For example, if you share your name and contact information to ask a question about our products, we will use that personal information to respond to your inquiry.  

  • To investigate and respond to concerns or claims that you have communicated to us about the quality of our products.  

  • To allow you to enter contests, promotions, and prize drawings, to receive information or mailings, or to fill out online surveys.

  • To contact you regarding products and services which may be of interest to you

  • To communicate with you about content or other information that you have posted or shared on or through our Website.  

  • To personalize your online experience while using our Website and to help us administer, run, evaluate, and improve our Website.

  • To help maintain the safety, security, and integrity of our Website, databases and other technology assets, and business.

  • To respond to law enforcement requests and other requests as required by applicable law, court order, or governmental regulations.

  • To protect and enforce our and others’ intellectual property rights; to protect or defend our legal rights or property, our Website, or other users; and to protect the health and safety of our Website users, our employees, or the general public.

  • To verify your identity so that we can respond to a request you make under applicable law.

  • To evaluate or conduct 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 personal information held by us about consumers is among the assets transferred.

  • To administer your job application. 

  • Notify you about changes to our Website.

  • Contact you about our own products or services that may be of interest to you. In limited cases, for example when we offer a co-promotion with a partner, we may contact you about third parties’ products and services.  If you do not want us to use your information in this way, please see Your Choices About Your Information.

  • As described to you when collecting your personal information. 

  • Use for any other purpose with your consent.

We may use non-personal information for any purpose.

7. Disclosure of Your Information

We may share non-personal information without restriction. We may share your personal information with:

  • Any member of our corporate group, which means our subsidiaries, affiliates, our ultimate holding company and its subsidiaries, and affiliates.

  • Business partners, suppliers, service providers, sub-contractors and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization). 

  • If you have consented or opted-in, with participating sponsors to a program or promotion (e.g., sweepstakes or contest) you enter via our Website and certain co-promotional partners and others with whom we have marketing or other relationships. For more information, see Your Choices About Your Information.

  •  To fulfill the purpose for which you provide it.  

  • With your consent.

We may also disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.

  • To a buyer or other successor in the event of 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, where one of the transferred assets is the personal information we hold.

  • To comply with any court order, law, or legal process, including responding to any government or regulatory request.

  • To meet our obligations and enforce our rights arising from any contracts with you.

  • To protect the rights, property, or safety of our business, our employees, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection and credit risk reduction.

8. Your Choices About Your Information

We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. We have established the following control mechanisms over your information]:

  • Promotional Offers from PVM and its Parent Company and Affiliates. If you do not want us to use your email address or other contact information to promote or recommend our own products and services, or third parties’ products or services, you can opt-out by checking the relevant box located on the form where we collect your  or, if presented with the option to opt-in, do not opt-in. If you have an account with our website, you may be able to log in and check or uncheck relevant boxes. If you do not have an account, you can adjust your preferences by sending us an email with your request to the contact set forth in the Contact Information section below. You may also opt-out of further marketing communications by replying to any promotional email we have sent you or following the opt-out links on that message. This opt out does may not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions. 

  • Cookies and Automatic Data Collection Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. However, if you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. Unless you adjust your browser settings to refuse cookies, our system will issue them. If you do not want Google Analytics to be used in your browser, Google Analytics provides an op-out tool which can be found here. In some cases, you may be able to set your browser or email program to not download web beacons. For more information about the cookies we use, please see our Cookie Policy

  • Third Party Websites. Our Website may, from time to time, contain links to and from the websites of our partner networks, co-sponsors of promotions and affiliates, or plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these third parties.

  • California Residents. If you are a California resident, you may have additional personal rights and choices with regard to your personal information. Please see Your California Privacy Rights for more information. 

  • Nevada Residents. If you are a Nevada resident, you may have additional personal rights and choices with regard to your personal information. Please see our Nevada Privacy Rights section below for more information. 

  • Persons in the EEA or United Kingdom. If you are in the European Economic Area, United Kingdom, or are otherwise subject to the General Data Protection Regulation, you may have more rights and choices with regard to your personal information. Please see our European Privacy Rights section below for more information.  

9. Data Security

The security of your personal information is very important to us. We use physical, electronic, and administrative safeguards designed to protect your personal information from loss, misuse and unauthorized access, use, alteration or disclosure. 

The safety and security of your information also depends on you. We urge you to take care when providing information in public areas of the Website like message boards, which any Website visitor can view.

Unfortunately, the transmission of information via the internet is not completely secure. Although we have implemented security measures that we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website.

10. Children’s Online Privacy

Our Website and Applications are primarily designed and intended for adults and, where brand-appropriate, teenagers. In accordance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect or store any personally identifiable information about children under age 13, and neither our Website nor our Applications are not designed to collect personally identifiable information from children under age 13. We may ask users of our Website to enter a birth date to restrict those who are underage from accessing certain features, programs, promotions or other aspects of our Website.  If you believe your child under the age of 13 has submitted personally identifiable information through our Website, please contact us as provided in the Contact Information section below. 

11. Your rights

Your rights related to your personal information will vary by jurisdiction and may include:

  • The right to be fully informed of what personal information we collect, why we collect the data, and whether we intend to transfer it.

  • The right to access your personal information and correct or update any errors;

  • The right to have your personal information deleted;

  • The right to receive notices relating to our use of your personal information;

  • The right to restrict the use of personal data;

  • The right to object to some forms of processing or use;

  • The right to lodge a complaint with the competent supervisory authority.

If our use personal information is based on your consent, you may withdraw it at any time by contacting us in writing as indicated in Contact Information below.

12. Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit here to read our California privacy notice.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. At this time, we do not engage in this type of disclosure.

13. Nevada Privacy Rights

Nevada residents have the right to opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information.

14. EU privacy rights

If you are in the European Economic Area, United Kingdom, or are otherwise subject to the General Data Protection Regulation, then this section of our Privacy Policy applies to you.

    1. Data controller

The data controller of such processing is Perfetti Van Melle USA of Perfetti Van Melle Group B.V.

    1. Additional information about data we collect about you

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

    1. Lawful basis

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract, we are about to enter into or have entered into with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you. You have the right to withdraw consent to marketing at any time by contacting us.

    1. Your data subject rights

Data subjects have the right, at any time, to request access to, rectification or erasure of his/her personal data, or restriction or objection to processing, as well as the right to data portability or to withdraw the consent given by addressing a written communication to Perfetti Van Melle Group B.V., Stationsplein ZW 997 Tristar 3, 1117 CE schiphol, Oost The Netherlands or by sending an e-mail to: pvmdpo@it.pvmgrp.com  to the attention of the Data Protection Officer, providing copy of your identity document or any document proving your identity.

Perfetti Van Melle reserves the right to verify the truthfulness of personal data provided at any time.  

    1. Data retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

15. Changes to Our Privacy Policy

We will post any changes we may make to our privacy policy on this page and indicate on the Website home page that we updated this privacy policy. Please check back frequently to see any updates or changes to our privacy policy.

16. Contact Information

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

Perfetti Van Melle USA, Inc.
3645 Turfway Road
P.O. Box 18190
Erlanger, KY 41018-0190
(877) 425-0640
Email: privacy@perfettivanmelle.com

You can also contact us using our Contact Us page on our website.

 

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