Lindt & Sprüngli privacy principles
Please note the Lindt complies with the federal and provincial laws relating to the protection of personal information. You can find out more about these lawas by visiting: (i) the website of the Privace Commissioner of Canada located at www.priv.gc.ca; and (ii) the website for the site for the privacy commissioner for your province or territory. The responsible handling of your personal information is our utmost concern.
We at Lindt & Sprüngli respect your right to privacy. Our main principles include:
- We will protect your privacy and we wish to offer you tailor-made service.
- Personal data is collected for specific purposes based on your consent or on a legitimate interest when you interact with us.
- You have the right to be informed about and to access your personal data at any time you like and may request correction or deletion.
- We do not sell your personal data to anyone. However, if need be and if explicitly mentioned subsequently or if you have consented to it, we may share your data with group companies, brand licensees, partners and other service providers via which their own privacy notice may apply.
- We ensure that we will take all reasonable steps in order to protect your data from misuse and keep it secure.
We appreciate you visiting and using our websites, our online shops, our applications and our social media pages (called the “Sites”). We trust you will enjoy learning more about Lindt & Sprüngli, the story of our Brands and our products and services.
This Privacy Notice explains how and for what purposes we use the information collected about you through our Sites, our offline programs, your visits to our retail stores or our festive events.
1. When does this privacy notice apply?
We here at Lindt & Sprüngli respect your right to privacy when you use our Sites or when you interact with us in our stores or during our events. By using our Sites or by providing personal data, you in turn accept the practices described in this Privacy Notice. If you do not agree to this Privacy Notice, we suggest you refrain from using or visiting our Sites or providing personal data.
Lindt & Sprüngli reserves the right to make changes to this Privacy Notice at any time, so make sure you review it regularly. The changes will be effective when posted on this Website and we will provide you reasonable notice of any material change.
2. How do you consent?
We will only collect, use or disclose your personal information where it is fair and lawful to do so. In most cases, we will request your consent explicitly. In addition, we will process your personal data for legal purposes, to perform a contract or based on our legitimate interests.
We will ask you to provide additional consent if we need to use your personal information for purposes not covered by this Privacy Notice. You are not obliged to give such consent but if you decide not to, your access to some activities may be limited. Finally, you may revoke your consent at any time with effect for the future.
3. How is data collected by Lindt & Sprüngli?
3.1 Personal data
3.2 Types of personal data collected
Lindt & Sprüngli only collects personal data necessary for a specific purpose. We collect the following personal data:
Personal data you share with us directly
We collect personal data when you request information about us, purchase our products, register for a contest, or use an application of our company. You will be informed what kind of data is mandatory and what kind of data may be provided by you on a voluntary basis. The types of personal data include:
- Personal contact information such as name, address, email, phone number, picture and demographic information, including age, gender, household or location.
- Account login information if you open an account with us or your details when you fill out a survey (name, email address, login ID, username, password and security question).
- Payment information, such as name, credit card number, expiry date, billing address, when you purchase our products online or in one of our stores.
- User-generated content, including any content (e.g. photos, videos and personal stories) that you create and share by uploading it to our Sites.
- Employment information such as your CVs and references when you apply for a job with us.
- If you allow to share your location in order to find your nearest Lindt Chocolate Shops, data concerning the region you indicate.
Information collected automatically when you interact with our Sites
- We collect personal data from third party social networking sites (such as the “Like” functionality on Facebook, the “Follow” functionality on Twitter or the YouTube functionality) through so called social plug-ins. The purpose of the data collection by Lindt & Sprüngli via plug-ins is to allow you to share our content on your own social media pages. The further processing and use of the data by the providers on their pages as well as the rights and setting options for the protection of your privacy can be found in the data protection references of the respective providers. If you do not wan tLindt & Sprüngli or the third party social networking site to allocate data collected through our Sites to your account with this social network, you must log out of the respective social networking site before visiting our Sites.
4. About children's personal data
Most of our Sites are designed and intended for use by adults. Where a Site is offering content to a younger audience, we will gather consent from a parent or guardian prior to collecting personal data where we feel it is appropriate or where it is required by applicable laws and regulations (the age of consent varies per country). If we detect that children’s personal data has been transmitted to us, it will be deleted from our database. The parents (or legal guardians) of the child may contact us and request deletion of the data or de-registration (contact details see below). For this purpose, we may ask for a copy of an identification document, confirming the parental or guardian relationship.
5. Why do we collect personal data and use it?
Lindt & Sprüngli collects and uses personal data for a range of purposes. You can object to each of this data processing at any time (contact details see below). Your data is collected for the following purposes:
- to allow you to create and access your user account including any loyalty program associated with your account. In these cases, we process your data for the performance of a contract or request according to Art. 6 para. 1 lit. b GDPR and CASL.
- to process and ship your orders and purchases we process your data for the performance of a contract or request according to Art. 6 para. 1 lit. b GDPR and CASL.
- to develop consumer engagement and provide you a tailored consumer service, such as:
- to send you information, products or samples that you have requested. In these cases, we process the data based on your consent according to Art. 6 para. 1 lit. a GDPR and CASL.
- to get you more actively engaged with our products and services by publishing your content for example. In these cases, we process the data based on your consent according to Art. 6 para. 1 lit. a GDPR and CASL.
- to contact you in relation with your queries, complaints or comments, via email, letter, telephone. In these cases we process your personal data, including possible special categories of personal data you provided with your prior consent, in order to process your specific request according to Art. 6 para. 1 lit. b GDPR and CASL.
- to use it for contests or promotions you have entered or loyalty programs you are affiliated with, such as:
- to administrate contests or promotions. In these cases, we process the data to perform a contract according to Art. 6 para. 1 lit. b GDPR and CASL.
- to publish the details of the winners, based on winner’s consent (Art. 6 para. 1 lit. a GDPR and CASL; where required), a legal requirement (Art. 6 para. 1 lit. c GDPR and CASL) or our legitimate interest (Art. 6 para. 1 lit. f GDPR and CASL); as defined in the official rules or details posted with each contest/promotion.
- to allow you to participate in our loyalty program and interact with us within the program. In these cases we process the data based on your consent, where necessary, according to Art. 6 para. 1 lit. a GDPR and CASL and in order to execute the respective loyalty program according to Art. 6 para. 1 lit. b GDPR and CASL.
- to contact you for marketing purposes, including direct marketing and social features within social networks: In the following cases you give your consent for the processing of such data according to Art. 6 para. 1 lit. a GDPR and CASL:
- to send you our newsletters, if you have subscribed to such a service.
- to suggest products or services which we think may be of interest to you.
- to offer you the opportunity to take part in competitions or promotions.
- to contact you via mobile message service if you have subscribed to such services. If done via a partner, we will communicate its name to you.
- to improve our Sites and/or to combine with information we receive from others in order to help understand your needs and offer you with better service, including customizing sites and products for you and serving you interest-based advertising. In the following cases, we have legitimate interest to process the data according to Art. 6 para. 1 lit. f GDPR and CASL, if not otherwise indicated:
- to evaluate the use of our Sites, using data such as information about account login, computer usage, and/or previous website usage.
- to evaluate the use of our Sites with tracking-tools used based on user’s consent in accordance with Art. 6 para 1 lit. a GDPR and CASLor on our legitimate interest in accordance with Art. 6 para 1 lit. f GDPR and CASL. Find out more in our Cookie Notice.
- to improve our products and services using demographic information, consumer profiling and consumer feedback. In these cases, we process data based on your consent according to Art. 6 para. 1 lit. a GDPR and CASL,
- to analyse the effectiveness of our advertisement and promotions, via cookies or tracking technologies based on your consent according to Art. 6 para. 1 lit. a GDPR and CASLor on our legitimate interest in accordance with Art. 6 para 1 lit. f GDPR and CASL.
- to personalize your website experience based on targeted advertising. In these cases, we process data based on your consent according to Art. 6 para. 1 lit. a GDPR and CASL. Find out more in our Cookie Notice.
- to offer you social features via community forums, tell-a-friend program or social networking features such as Facebook Connect. In these cases, we process the data based on your consent according to Art. 6 para. 1 lit. a GDPR and CASL.
- to process your job application for employment and possibly to determine whether you would be suitable for other positions available with our company. In these cases, we process your data for the performance of a contract or request according to Art. 6 para. 1 lit. b GDPR or based on your consent (where required) according to Art. 6 para. 1 lit. a GDPR and CASL.
- for internal governance, security and case management. In the following cases, we have legitimate interest to process the data according to Art. 6 para. 1 lit. f GDPR and CASL:
- to maintain the day-to-day operation, the maintenance and the security of Lindt & Sprüngli Sites.
- to conduct demographic studies or audits.
- to contact you for consumer research.
- to manage risks, disputes and records.
- To comply with legal and regulatory requirements. In these cases, we process your data to the extent necessary for compliance with legal obligations to which we are subject according to Art. 6 para. 1 lit. c GDPR and CASL.
6. Why do we share personal information with other parties?
Lindt & Sprüngli does not share your personal information with any third party that intends to use it for direct marketing purposes, unless you have provided specific consent in relation to this.
We disclose your personal data to the following categories of recipients:
- our affiliates and any company of the Lindt & Sprüngli Group
- commercial partners, such as brand licensees or co-organizers of a promotion
- service providers to provide services on behalf of Lindt & Sprüngli
- authorities for legal reasons and potential buyers to carry a specific transaction.
Find out more about the recipients:
- Affiliates, Group companies and brand licensees include:
- a company receiving a query and transferring it to another company entitled to respond.
- a company sharing a job application should it be addressed to another company.
- a company transferring an account opened on its company site to another company site if so requested by you.
- Commercial partners include:
- entities participating to a joint promotion or a loyalty program and wishing to send you information if you have consented to it. Both Lindt & Sprüngli and the partner might be joint controllers of your personal data. The privacy notice of such partner will apply to the processing of your personal information by the partner.
- at your request, and provided we are under no legal obligation to keep it, we shall delete or anonymize your personal data from the Sites. However, you should note that your personal data may still be available in the partner’s own databases if transmitted prior to us receiving your request.
- Service providers include:
- advertising, media and marketing agencies delivering and analysing our campaigns.
- postal and logistic companies delivering a product you have ordered.
- data processing entities acting upon instructions of Lindt & Sprüngli, such as recruitment agencies, hosting or security providers.
- web analytics tools providers.
- Authorities include governmental or law enforcement authorities requesting us to disclose the information based on applicable law.
- Potential buyers include entities to which Lindt & Sprüngli divest all or a part of its business or a brand, or in connection with a merger, change in control, or liquidation of that business or brand.
The subjects and entities indicated above will process the data in their quality as autonomous data controllers pursuant to applicable law or as data processors.
We require such third parties, possibly based outside the country from which you have accessed the Sites, to comply with all relevant data protection laws and security requirements in relation to your personal data. Such third parties are obliged to protect data privacy to the same extent as we do ourselves. If the level of data protection in a country does not comply with Swiss or EU data protection laws, we contractually ensure that the protection of your personal data is the same as that in Switzerland or the European Economic Area (EEA) at all times.
Various third-party service providers have their residence in the USA. We would like to point out to users residing or based in Switzerland/EEA that in the USA there are monitoring measures taken by the US authorities that generally allow the storage of all personal data relating to all persons whose data has been transferred from Switzerland/EEA to the USA. This happens without differentiation, limitation or exception based on the aim pursued and without an objective criterion that makes it possible to limit access to the data by US authorities and its later use to very specific, strictly limited purposes that may justify the intervention associated with both access to this data and use thereof. We would also like to point out that there are no judicial remedies in place in the USA for affected persons from Switzerland/EEA that would make it possible to receive access to the data relating to them and to have this corrected or deleted, as well as no effective legal protection against general access rights by US authorities. We refer the persons affected explicitly to this legal and factual situation so that they can make an appropriately informed decision on whether or not to consent to their data being used.
For users residing in EU Member States particularly, please note that, from the point of view of the European Union, the USA does not have sufficient data protection levels due, inter alia, to the issues mentioned in this section. To the extent that we have explained in this Privacy Notice that recipients of data (such as Google, Facebook and Twitter) are located in the USA, we will enter into a contract with them to include appropriate measures, usually standard contractual clauses to protect and secure in accordance with applicable data privacy laws.
If we propose social plugins or if you connect your Account to your accounts on third party platforms like Facebook, we can collect and process account related information. If you connect with Facebook, your Facebook identity, name, email, location, friends list and profile picture will be stored and is used to connect with your Facebook account to provide certain functionality on the Sites. The third-party platform’s use of information collected from you (or as authorized by you) is governed by its own privacy notice and your settings on the service. For further information please check the privacy notice of the respective social network.
7. How de we store and secure data and for how long?
Lindt & Sprüngli takes all reasonable technical and organisational measures to protect the personal data we hold against loss, unauthorised access or disclosure and against other misuse.
We keep your personal data for as long as necessary for the given purpose, such as to send you our newsletter and other marketing communication, answer queries, resolve problems or provide improved and new services, or for legal requirements. We are allowed to retain the data for a reasonable time after you stop using our services. After a certain period, we will destroy or delete it in a secure manner, if there is no legal obligation to retain the information for a longer period.
In particular, we only keep personal information as long as needed:
- to carry out services that you requested or to which you have given your consent to the extent specified above;
- to use tracking advertising and analysis services within the scope of our legitimate interest.
In general the following duration periods apply:
- personal data of users’ account: until the user deletes his/her account for no longer than 3 months; after this period, Lindt & Sprüngli will store only those data necessary for fulfilling legal or fiscal obligations.
- personal data related to purchase orders: for the limitation period provided by applicable law.
- personal data of online job application: for as long as reasonably necessary for your employment application, taking into consideration our need to answer queries or resolve problems and to comply with legal requirements under applicable law. With your consent, we may keep it for a longer period, for example to be able to contact you should a suitable job opening occur in the future.
- personal data for marketing purposes: until the user withdraws his/her consent or opposes to the processing of his/her data for marketing purposes.
- personal data of users that participate to Lindt & Sprüngli's contest: for the limitation period provided by applicable law.
- personal data of users requesting information, sending communication, complaint or enquiries to Lindt & Sprüngli: until the final processing of users’ request/complaint and subsequently retained by Lindt & Sprüngli where necessary for pursuing its legitimate interest (e.g. in case of complaints or enquiries for defence needs).
We use suitable technical and organisational security measures that seem appropriate to us to protect your data stored by us from manipulation, partial or total loss and unauthorised access by third parties. Our security measures are continuously updated according to technological developments.
We also take the protection of our own internal company data very seriously. Our staff and the service providers engaged by us are obligated to maintain confidentiality and to comply with the data protection regulations. Moreover, these are granted access to personal data only as far as is necessary.
8. What are your rights?
You can any time object to data processing. You have the following rights:
Right to access: You have the right to demand an insight into your personal data saved with us any time and free of charge if we are processing this data. You can check as to which of your personal data is being processed by us, and that we are using it according to the applicable data protection regulations.
Right to rectification: You have the right to have incorrect or incomplete personal data corrected and to be informed about the correction. In this case, we inform the recipients of the data concerned about the corrections made unless this is impossible or associated with disproportionate effort.
Right to deletion: You have the right to have your personal data deleted under certain circumstances. In the individual case, the right to deletion may be excluded.
Right to restriction of the processing: Under certain conditions, you have the right to demand restriction of the processing of your personal data.
Right to data portability: Under certain circumstances, you have the right to get the personal data that was provided to us by you free of charge in a machine readable format.
Right to lodge a complaint with the supervisory authority: You have the right to appeal to a competent supervisory authority against the method of the processing of your personal data.
Right of revocation: You have the right to revoke an issued consent at any time. Processing activities in the past based on your consent shall, however, not become illegal through your revocation.
You may exercise your rights by contacting us here.
If you have an account with Lindt & Sprüngli, you can use the corresponding options directly in your account and change for example your opt-in/opt-out preferences.
9. How to contact us
Lindt & Sprüngli (CA.) Ltd., 181 University Avenue, Suite 900, Toronto, ON M5H 3M7 CANADA, is operating this Website and the Sites referring to this Privacy Notice. Lindt & Sprüngli acts as a “data controller” for the personal data it processes in the framework of this Privacy Notice and the compliance of our data processing with applicable Data Protection Regulations, including the EU General Data Protection Regulation (GDPR) and Canada's Anit-Spam Legislation (CASL).
Should you be concerned about a possible interference with your privacy or misuse of your personal data by us, or if you have any questions or comments, you can contact via our online form, by email or write to us using the address mentioned above.
© Chocoladefabriken Lindt & Sprüngli AG 2020