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Terms & Conditions of Use

December 2014

The Website under www.lindt-spruengli.com (hereafter “Website”) is operated by Lindt & Sprüngli (International) AG, Seestrasse 204, CH-8802 Kilchberg, Switzerland (hereafter “L&S” or “we”).

The subject matter of these Terms & Conditions of Use (hereafter “Terms” or “T&C”) is the use of the Website. By using the Website, you (hereafter “user” or “you”) confirm that you have read and understood the present Terms and Conditions and agree to be bound by them unconditionally. Do not use (or continue to use) this Website if you do not agree to the present Terms.

This Website and the information on this Website may be changed or updated without notice. L&S may revise these Terms and any other legal notice on the Website, including the Data Privacy Statement. All changes will be effective when posted on the Website. Therefore you should check this page from time to time to review these Terms and other legal notices, because they are binding on you.

Accessing our Website

Access to our Website is provided on a temporary basis, and we reserve the right to withdraw or amend the service on our Website without notice (see "Website availability" below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

We reserve the right to restrict, suspend or terminate without notice your access to the Website and/or application or any feature of this website and/or application or any feature or part thereof at any time.


Web Registration for company information and news

As a way of facilitating disclosure of company information and news to L&S’ investors, analysts, clients, employees and interested public, you may register for our company information and news service.

During the registration for our company information and news service you will need to provide a valid e-mail address as well as further details. Your chosen e-mail address serves the communication with L&S and will be used to send the information subject to the registration. You undertake to provide true, accurate, current and complete information as requested by the Website's registration form and to maintain and promptly update such information to keep it true, accurate, current and complete.

We reserve the right to restrict access to some parts of our Website or to our entire Website, to users who have registered with us.


Accuracy of information, material and figures on the Website

Whilst L&S uses all reasonable attempts to ensure the accuracy, completeness and timeliness of information on the Website, we assume no responsibility if the information, material and figures that we provide on the Website is not accurate or complete. Any reliance upon such information on the Website shall be at your own risk. You agree that you are responsible to monitor any changes to the information, material and figures contained on this Website. Further, we are not responsible for any third party translations of the Website.


Website availability

While L&S endeavours to ensure that the Website is available 24 hours a day, L&S shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond L&S' control.

Your access to the Website, your ability to participate in all or certain parts of the Website and/or your registration may be terminated by L&S at any time without notice and without any liability. Any limitations on L&S' liability will survive such termination.

Website use

You may use the Website for lawful purposes only. You may not use the Website:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that infringes the rights of any other person;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Links

You may link to our Website provided you do so in a way that is fair and legal and does not damage L&S' reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from L&S. L&S reserves the right to withdraw linking permission without notice.

L&S is not responsible for the contents of any Website operated by a third party which may be accessed via this Website, and L&S does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Website are provided for your convenience only and do not imply that L&S approves or recommends the content of such websites.


Intellectual Property

The L&S name, logo, corporate symbols and trademarks are the sole property of L&S and/or its affiliates, and no permission is given in respect of their use. The Website and its contents are protected by local and international copyright laws and other intellectual property rights. L&S and/or its affiliated companies is/are the owner of the copyright and all other intellectual property rights related to the Website and its contents.

Save as set out below, no part of the Website may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of L&S. You may retrieve and display the content of the Website on a computer screen, or print one copy of such content (including these Terms and the Data Privacy Statement) for your own personal use, provided you keep intact all and any copyright and proprietary notices. Use of the content otherwise than in accordance with these Terms, will expose you to claims for infringement of the intellectual property rights of the L&S Group and/or of third parties.


Data Protection and Personal Data

The collection and processing of personal data by L&S is set out in the Data Privacy Statement. The Data Privacy Statement forms an integral part of these Terms. The Data Privacy Statement may be accessed under the link Data Privacy Statement.

L&S warrants that all stored data will be treated with care and in line with the applicable data protection law. L&S will only use personal data to the legally admissible extent and subject to the user's prior approval.

You hereby agree to the storage of your personal data entered during the use of the Website. This also applies to the storage of IP addresses, which are transmitted whenever you visit the Website.

You further agree that L&S may disclose your personal data to related companies (parent company, subsidiary or affiliated company) for the independent use according to these Terms and Conditions of Use and the Data Privacy Statement.

You may revoke your consent to the collection, processing and use of your personal data at any time by sending a notification in writing or via contact form to:

Lindt & Sprüngli (International) AG
Seestrasse 204
CH-8802 Kilchberg

Such revocation may result in blocking or exclusion from the use of the Website. This decision is at L&S' discretion.


Liability

The Website is provided without any warranties or guarantees. To the extent permissible by any applicable law, L&S, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for 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 or use of this Website, or reliance on the Website, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Website (whether negligent or not), except that nothing affects any liability of L&S, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.

Whilst L&S makes reasonable attempts to exclude viruses or other destructive computer codes from the Website, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Website or downloading from the Website.

To the extent permitted by the applicable law, you expressly waive all claims against L&S, its officers, directors, employees, shareholders, associated companies or agents suppliers and programmers that may arise from your use or access of the Website.

Nothing in this paragraph "Liability" applies to L&S' liability for goods purchased through affiliated Websites, which is governed by the applicable Terms and Conditions of Sale.


Final Provisions

If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.

L&S' failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by L&S in writing.

These Terms and your use of this Website shall exclusively be governed by Swiss law without reference to its choice of law principles. By using the Website and accepting the Terms you submit to the exclusive jurisdiction of the courts of Zurich save that L&S may take action in any appropriate jurisdiction to protect its intellectual property rights or to recover any amount owed to L&S.

These Terms & Conditions of Use are valid as from 1st January 2015. They may be accessed and printed via our website www.lindt-spruengli.com.

 

 

Data Privacy Statement

December 2014

We, Lindt & Sprüngli (International) AG, Seestrasse 204, CH 8802 Kilchberg, Switzerland, are the operator of this website and of the services offered thereon, and are therefore responsible for the collection, processing and utilization of your personal data and the compliance of our data processing with relevant and applicable Data Protection Regulations such as the Swiss Federal Law on Data Privacy (DSG), the Regulation concerning the Federal Law on Data Privacy (VDSG) or the Telecommunications Law (FMG). A responsible handling of your personal data is our utmost concern. Therefore, we are pleased to inform you in the following about how we treat your personal data.

We comply with the statutory requirements of the applicable provisions relating to data privacy. Hereinafter we explain, which data we collect, how we use it and what your rights are with respect to the use of your data:

1. Collection and storage of personal data

a) When you visit our website

When our website is visited, our servers temporarily store each access in a protocol file. The following data is recorded without you having to do anything and stored by us until it is automatically deleted after no more than twelve months:

- the Internet Protocol address (IP) used to connect your computer to this website,

- date and time of access,

- the name and Uniform Resource Locators (URL) of the retrieved data,

- the website from which our site was accessed,

- your computer’s operating system and the browser used by you,

- the country from which you accessed our website and

- the name of your Internet access provider.

This data is collected and processed to enable the use of our website (connection), particularly to maintain system security and stability and to enable us to optimize our Internet offering as well as for internal statistical purposes. The IP address will be evaluated only in the event of attacks on our web infrastructure and for statistical purposes.

We furthermore use cookies and web analysis tools when you visit our website. Please see section 3 and 4 of this Data Privacy Statement for further details.

b) When you subscribe to our news-service on Corporate Information

On our website, you may subscribe to our news-service on Corporate Information. It is mandatory to provide the following personal data:

- Title, gender

- First name / last name

- Company name

- Function

- Address (street, ZIP code, city and country)

- E-Mail address

We will use your e-mail address to regularly provide you with corporate information through one of our news-services available on our website. You will receive this information by email (newsletter). At the end of each newsletter a link is provided which you can use to unsubscribe from the newsletter at any given time. You can also unsubscribe from the news-service by clicking this link.


c) When you use our contact form

You may use a contact form to contact us. It is mandatory to provide the following personal data:

- Title, gender

- first name and surname,

- address (street, number, postcode, town, country),

- e-mail address, and

- phone number If you use our contact form to complain your phone number, the product description, the L-code as well as the bar code / EAN of the products complained about need to be submitted.

We only use this and further information that you provide voluntarily (like organization, country, when indicated phone number, order number, location where you bought the product you complain about), to respond to your contact request in the best and most personal way.


2. Passing on data to third parties

We only pass on your data to third parties if you have expressly agreed to do so. The contrary shall only apply as far as it is required by law or if it is necessary for the assertion of our rights, in particular for the assertion of claims arising from the contractual relationship with you.

3. Cookies

Cookies, among other things, help to make your visit to our website simpler, more pleasant and more structured. Cookies are alpha numeric information data which your web browser automatically stores on your computer’s hard disc when you visit our website.

Cookies do not do any damage to your computer’s hard disc and they do not transmit any of your personal data to us.

We use cookies, for instance, to be able to identify you as a registered user. It does not mean that we receive new personal data about you as an online visitor. Most Internet browsers accept cookies automatically. You may, however, configure your browser so that no cookies are stored on your computer or so that you receive a warning whenever you receive a new cookie.

Deactivating cookies may mean that you cannot use all of the functions of our portal.


4. Google Analytics

We use Google Analytics – a web analysis service provided by Google Inc. (“Google”) – to continuously streamline and optimize our sites for users. For this purpose, pseudonymised user profiles are created and small text files are used that are stored on your computer (‘cookies’, see section 3). The information produced by the cookie about your use of this website, such as

- browser type and version

- operating system used

- referrer URL (the site previously visited)

- host name of the accessing computer (IP address)

- time of server request

is transmitted to servers of Google Inc. in the USA and stored there. This information is used to evaluate the use of our website, to compile reports on website activities and to provide other services connected with the use of the website and Internet use for purposes of market research and to enable these Internet sites to be made more user-friendly. If necessary, this information is also transmitted to third parties to the extent that this is prescribed by law or if third parties process the data for Google.

Google will not link such data to Google’s other data. IP addresses are anonymized to prevent them from being matched (IP masking).

You may configure your browsers to prevent cookies from being installed; but please note that in this case it may not be possible to use all of the functions of this website to the full extent.

You can prevent data collection by Google Analytics by clicking this link. An opt-out cookie will be placed that prevents future data collection when visiting this website.

5. Data Security

We use appropriate technical and organizational security measures to protect your data stored by us against manipulation, complete or partial loss and unauthorized access by third parties. Our security measures are constantly updated in line with technical developments.

6. Right to information, correction, and deletion of data

You may at any time request information about your personal data that we have stored and to correct incorrect data or block and delete data.

For information about your personal data, to correct incorrect data and to block or delete data and for further requests about the usage of your personal data please contact either in writing or by using the contact form:

Lindt & Sprüngli (International) AG
Seestrasse 204
CH-8802 Kilchberg

You may also at any time delete or correct your data by sending us a request through this link. We would like to draw your attention to the fact that if your data is deleted it may no longer be possible to use some or all of our services.


7. Links

This Data Privacy Statement does not extend to websites linked to from our website. We have no influence on data protection and data security standards of those sites. Only the hosts of linked websites are liable for the corresponding content and data processing activities.

8. Effectiveness of the data privacy statement

This Data Privacy Statement is valid as from 1st January 2015. It may be accessed and printed via our website www.lindt-spruengli.com.