Updated as of September 2011
COMPANY: Kraft Foods Australia Pty Ltd (formerly Cadbury Pty Ltd) (the "Company", "we" or "us")
A.C.N. 004 551 473
COMPANY LOCATION: Level 6, South Wharf Tower, 30 Convention Centre Place, South Wharf, Victoria 3006, Australia
Mail: Consumer Services, PO Box 200, Ringwood VIC 3134
Telephone: Toll free: 1800 250 260
COLLECTION OF YOUR PERSONAL INFORMATION. We may collect personal information about you (i.e. information which may identify you in some way, such as your name, address, age, other contact details such as telephone number, email address etc. and passwords) in a number of different ways, including:
- directly from you - this may be when you register on this Site or another of our websites, request information, submit comments or participate in some game, promotion, survey or other feature of this Site or another of our websites; or when you call us or send us an email or complete and submit an online form;
- from third parties – for example, our related companies, our suppliers, customers, agencies and promotions partners, credit reporting agencies or your representatives;
- from publicly available sources; and
- when legally required to do so.
Providing personal information is up to you. If you do not want your personal information collected, please do not submit it. If you choose not to give personal information to us, we may not be able to provide you with access to some or all of the pages on this Site or to our other products and services.
USE OF YOUR PERSONAL INFORMATION. We may use your personal information in a number of ways, including:
- To respond to your questions and requests.
- To provide you with access to this Site and to certain areas and features of this Site, and to communicate with you about your activities on this Site.
- To provide you with our products and services.
- To enable you to participate in competitions and promotions.
- For internal business purposes, such as to conduct appropriate checks for credit-worthiness and fraud.
- To inform you of changes to the Site, our products and services or our business.
- To share it with our Related Parties as required to perform functions on our behalf (such as delivery of merchandise, administration of the website or promotions or other features on it, marketing, data analysis or customer services).
- To provide you with product information or promotional and other offers from us or our Related Parties*.
* However, at the point of collection of your information we will provide you either an "opt in" or "opt-out" mechanism. An "opt-in" mechanism will provide you the opportunity to positively indicate that you would like or do not object to our sending you such further communications and we will not send you any unless you have "opted-in". An "opt-out" mechanism will provide you the opportunity to indicate that you do not want us to send you such further communications, and if you "opt-out" we will not send you any.
* Either way, opting-in or opting-out will be up to you and, in addition, if you do not want us to use your personal information for a particular purpose or disclose it to a third party, you may “opt out” at any time by contacting us as provided above.
* Specific opt-outs may also be provided at the point of collection or along with the communications to you.
* Please note though, by opting-out, we may not be able to provide you with access to certain products, services, activities or functions.
- For other purposes set out when your information is collected or otherwise agreed to by you (for example, in any additional terms and conditions applicable to the particular feature of the Site).
- As required by law, regulation or court order.
- For the purpose of or in connection with legal proceedings or necessary for establishing, defending or exercising legal rights.
- In an emergency to protect the health or safety of Site users or the general public or in the interests of national security.
DISCLOSURE OF YOUR PERSONAL INFORMATION.
We may disclose your personal information to our Related Parties and to various other outside organisations, including:
- credit reporting and fraud checking agencies;
- your representatives, including your legal advisors;
- our professional advisors, including our legal advisors and accountants;
- government and regulatory authorities, including the Food Standards Australia & New Zealand;
- organisations that acquire all or part of our assets or businesses.
If any of these organisations are located outside the Jurisdiction, you consent the transfer of your information to them.
Except as permitted by law in the above Jurisdiction (including where permitted under the National Privacy Principles in Australia), we will only disclose your personal information for one of the purposes set out above (see USE OF YOUR PERSONAL INFORMATION).
CHECKING YOUR PERSONAL INFORMATION. You have a right to access the personal information we hold about you, subject to some exceptions allowed by law. If you wish to verify, correct, access or update any of your personal information, please contact us at the above "Contact" address, telephone number or e-mail. For security reasons, we may ask you to put your request in writing.
SECURITY OF YOUR INFORMATION. We take reasonable steps to maintain the security of and to prevent unauthorised access to or disclosure of your personal information. However, we cannot guarantee the security of such information. To the fullest extent permitted by law, we disclaim all liability and responsibility for any Damages you may suffer due to any loss, unauthorised access, misuse or alteration of your personal information, either during transmission of that information to us or after we receive it.
OTHER SITES. This Site may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).
Jurisdiction. We control and operate the Site from the above Company Location (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that the Site or materials on it are appropriate for use outside of the above Jurisdiction. The information set forth in this Site concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of this Jurisdiction, you are solely responsible for compliance with any applicable local laws.
Severability. If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.
Definitions/Interpretation. As used herein:
- "Damages" means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise).
- "including" means "including, but not limited to".
- "materials sent to the Site" (and "materials you send to the Site" and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user.
- "Related Parties" means all of our parent, subsidiary and affiliated companies, Site Developers and other suppliers, customers, promotional partners and agencies.
- "Site Developer" means any party involved in creating, producing, delivering or maintaining the Site.
- "use of this Site" (and "using" and other like terms) means "any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site."