Last Updated: March 2019
To view our practices regarding children, please click here. Ferrero International S.A, ("Ferrero"), has conceived the Magic Kinder software application ("App") to bring playful learning to children and adults, providing parents with a trustworthy content provider which allows them to establish a complete and direct control over their children amusement experience, thus aiming to engage the whole family network and reinforce the family bonds. To enable you to use our App, we need to process some data that is personal, like e.g. your email address. By using our service you agree to be bound by this Privacy Policy, which describes our practices related to the use, storage and disclosure of information we collect from or about you or your children through our Magic Kinder App. We take your trust and privacy very seriously and therefore aims to process as little personal data as necessary, committing ourselves to a proper and legitimate processing of the same. "Processing," means using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information Ferrero reserves the right to modify this Privacy Policy at any time and without prior notice. We will post any changes to this Privacy Policy on www.kinder.com/magic-kinder and update the date shown above, so please check regularly for the most recent version of our Privacy Policy. The privacy policy link within the App will point your device to our most current policy. If we make material changes to this Privacy Policy, we may notify you more prominent and seek to obtain your prior consent, or the consent of a parent or legal guardian. This Privacy Policy is not a contract and does not create any legal rights or obligations.
Purpose
The App processes data for the purpose of (i) operating and improving the service and (ii) to follow up on abuse reports and cooperate with law enforcement. We do not sell or otherwise distribute your personal data to third parties and will not send you any commercial proposals unless expressly authorized to do so. To evaluate the use of our service as well as for statistical purposes, only anonymised data shall be used.
What information does the App obtain and how is it used?
User Provided Information
The App obtains the information you provide when you download and register within the App. Some information is requested through the registration process as mandatory in order to be able to use the basic features of the App. Further information shall be requested as optional upon registration or after parent verification, in order to allow you to use some of the features offered by the App. The registration process is currently intended for and directed to parents/grown-ups within the parent section of the App, and utilizes COPPA-compliant procedures to allow for the collection of certain account information from parents with verification of a parent email address. When you register with us and use the App, you generally provide (a) your name, date of birth, gender, email address, age, user name, password and other registration information; (b) information you provide us when you contact us for help. We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and, with your prior consent expressed during registration, marketing promotions.
Automatically Collected Information
In addition, the App may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App. The App may access certain device information and/or components automatically. This collection is only for the purpose of providing the services within the App you choose to use. This information is not linked to personal information about the user. A push notification token will be used to send push notifications to your mobile device with updates and suggestions upon request (e.g. through scanning QR codes) or automatically (e.g. by mean of audio watermarks). These notifications would only be activated from the parent section of the App and directed to parents.
Does the App collect precise real time location information of the device?
This App does not collect precise information about the location of your mobile device.
Do third parties see and/or have access to information obtained by the App?
On a normal basis, only aggregated, anonymized data is periodically transmitted to external services to help us improve the Website and our service. We will share your information with third parties only in the ways that are described in this privacy statement. We may disclose User Automatically Collected Information: - as required by law, such as to comply with a subpoena, or similar legal process; - when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; - with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement. If Ferrero is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via a prominent notice on our Website of any change in ownership or uses of this information, as well as any choices you may have regarding this information. Please note that some features in augmented reality (AR) of our App run on ARCore, which is provided by Google LLC and governed by the Google Privacy Policy. If your device has an Android operating system 7.0 or below, Ferrero may prompt you to install ARCore sdk. The installation is not mandatory and in case you decide not to install it, the App will provide you only a limited AR experience.
Advertising
We do not have any advertising in our App. At times, we may promote the App via internet advertising. If you click on such an advertisement on an external web site and navigate directly to the iTunes App Store or other platform, non-identifying information such as your phone's device ID may be sent to the advertising network, so that they and we may track the effectiveness (i.e., conversions) of our advertising. In addition to conversion events, it might also be used for frequency capping, estimating the number of unique users, debugging, or security and fraud detection. When you use Magic Kinder, a unique ID (which varies by device manufacturer and operating system) is read from or associated with your device to be used as an anonymous identifier for analytics and performance purposes. We don't store the ID, or share the ID or other unique information collected or used by the app with third parties, except for service providers whose analytics product generates this ID to track and analyze the performance of our App. We do not use information gathered within the App to serve you targeted advertisements.
Right to access, correct, opt-out
You can stop all collection of information by the App easily by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. Please note that you may at any time exercise your rights of access, rectification, cancellation and opposition with respect to your personal data by writing to our email address privacy@ferrero.com. See below for parental rights with respect to children's data.
Data processor
Ferrero has chosen Amazon Web Services, Inc. (AWS) as the cloud service provider to store your data. The Article 29 Working Party (the independent advisory board made up of representatives from the data protection authorities of all the EU Member States as well as from the European Commission) has approved the AWS Data Processing Agreement, which includes the Model Clauses. The Article 29 Working Party has found that the AWS Data Processing Agreement meets the requirements of the Directive with respect to Model Clauses. For more detail on the approval of the AWS Data Processing Agreement from the Article 29 Working Party, please visit: https://www.cnpd.public.lu/en/actualites/international/2015/03/AWS.html
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the App and for a reasonable time thereafter. We will retain Automatically Collected information for up to 12 months and thereafter may store it in aggregate form. If you'd like us to delete User Provided Data that you have provided via the App, please contact us at privacy@ferrero.com
Children
We do not use the App to knowingly solicit data from or market to people aged under 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@ferrero.com. We will delete such information from our files within a reasonable time. If we were to collect and store personal information from children under the age of 16 in connection with a feature inside the App, we will first take steps to notify and obtain prior consent from a parent or legal guardian in accordance with applicable laws such as the Children's Online Privacy Protection Act (COPPA), unless an exception to these laws apply. We would also give parents the ability to review their children's personal information, stop the further collection or use of such information, or request its deletion. To learn more about COPPA, you may consult this simple one-page informational guide from the kidSAFE Seal Program: https://www.kidsafeseal.com/aboutourseals.html
Security
Information security is important to Ferrero and we are concerned about safeguarding the confidentiality of your information. We have established physical, electronic, managerial and procedural safeguards to protect the information we collect, process and maintain. These safeguards are regularly reviewed to protect against unauthorized access, disclosure and improper processing of your information, and to maintain the accuracy and integrity of that data. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. For technical and operational reasons, personal data can be transferred through servers which are located outside the European Union, where the European data protection rules are not applicable. Privacy regulations outside the EU might not provide the same high level of protection.
Changes
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on our website www.kinder.com/magic-kinder and update the date shown above. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. If we make material changes to this Privacy Policy, we may notify you more prominent and seek to obtain your prior consent, or the consent of a parent or legal guardian.
Contact us
For privacy related questions
By E-mail: privacy@ferrero.com
By Phone: (for US only) at (800) 688-3552 FREE or (732) 764-9300
By post: Ferrero International S.A.
Attn. Group Privacy Officer
Findel Business Center - Complexe B
Rue de Trèves, L-2632 Findel
Luxembourg