STATEMENT OF PRIVACY

 

At Barilla Canada Inc. (“Barilla”, “we”, “our” or “us”), we are committed to protecting the privacy and the confidentiality of personal information of the users of our website,www.barilla.ca  (the “Barilla Website”), our customers and our potential customers (collectively, “Users”). In order to comply with applicable privacy legislation and to instill confidence in our Users that the personal information they entrust to us is safe, we have developed this Privacy Policy. We want our Users to know why we ask for their personal information, how we use it, what safeguards we employ and how to contact us with privacy-related questions.

 

In this Privacy Policy, “Personal Information” means information that specifically identifies a User as an individual and is provided to or collected by Barilla. The type of personal information Barilla collects, uses and discloses may include a User’s name, age, gender, residential mailing address, residential phone numbers or email addresses, financial, credit and banking information. Personal Information does not, however, include a User’s business title, business address or business telephone number in such individual’s capacity as an employee of an organization or enterprise.

 

IDENTIFYING THE PURPOSES AND USE OF PERSONAL INFORMATION

Before collecting any Personal Information, Barilla will identify why the Personal Information is required and how it will be used. This Personal Information is documented and kept on file at Barilla’s offices both in Canada and at Barilla’s affiliated company in the United States. Barilla will obtain the User’s consent before using or disclosing Personal Information for purposes other than the original reasons given.

 

Barilla collects and uses a User’s Personal Information for the following purposes:

• Collecting, recording and using Personal Information relevant to the performance of the services rendered to and for a User;

• Recording and determining the services received by a User during his or her relationship with us;

• Administration, billing, accounting and collection in relation to a User’s relationship with us;

• Protecting against fraud and error;

• Offering a User additional products and services which may be of interest to such User, including, but not limited to sending marketing materials and coupons;

• Communicating with a User generally or to ensure User satisfaction;

• Improving the goods and services offered to Users in the future;

• Communicating Personal Information to an agent, intermediary or other third party during the course of a contract or mandate for the performance of any of the purposes listed in this Privacy Policy;

• Complying with all applicable laws; and

• Such other specific purposes which are communicated to a User by Barilla and its representatives before collection of the Personal Information.

 

We may use, share and disclose a User’s Personal Information to our parent, affiliates, associates, agents, suppliers and such other third parties as Barilla, acting reasonably, may deem necessary for the fulfillment of the purposes noted above or where otherwise permitted by law. In the unlikely event that Barilla or substantially all of its assets are acquired by a third party, a User’s Personal Information may be one of the assets transferred to such third party and Barilla may responsibly disclose such Personal Information to a perspective third party purchaser.

 

Specifically, Barilla shares and discloses Personal Information about our Users with our affiliated US corporation (“Barilla America”) and may share such Personal Information with them at its head office. Barilla Canada and Barilla America have entered into an agreement pursuant to which Barilla America has agreed to protect the privacy and the confidentiality of any Personal Information received from Barilla in accordance with all applicable laws and in the same manner the it treats all of its own confidential and Personal Information of it customers.

 

CONSENT

Except in certain extraordinary circumstances, Barilla does not collect, use or disclose a User’s Personal Information without their knowledge and consent. Such extraordinary circumstances may include, without limitation, when legal, medical or security reasons make it impossible or impractical to obtain consent.

 

A User’s consent will be obtained at the time of collection of the Personal Information, or when a new use for the Personal Information is identified. A User may withdraw their consent at any time, subject to any legal or contractual restrictions and on the provision of reasonable notice to Barilla. If a User chooses to withdraw his or her consent, he or she is required to do so in writing to the Chief Compliance Officer (please see “Accountability and Openness” Section of this Privacy Policy). Any implications to withdrawing consent will be explained to the User at the time written notice of such withdrawal is received by Barilla. Such implications may include, but are not limited to, a breakdown, interruption or cessation of Barilla’s relationship with the User.

 

By retaining the services of Barilla, Users have consented to the disclosure of their Personal Information to a third party in the circumstances, or for the purposes, set out in this Privacy Policy, and for any other additional purposes that may be set forth in the Barilla Website or contained in any additional terms applicable to the particular goods or services indicated or involved.

 

LIMITING COLLECTION

Barilla limits the collection of a User’s Personal Information to that which is necessary for the purposes identified in this Privacy Policy, or for any additional purpose identified to the User before collection of the Personal Information.

 

LIMITING USE, DISCLOSURE AND RETENTION

Personal Information is not used or disclosed for purposes other than those for which it was originally collected, except with the consent of the User, or as permitted by law. Personal Information is only retained as long as may be necessary for the fulfillment of these purposes, or to meet government requirements, whichever is longer, following which it is destroyed, erased, or rendered anonymous.

 

ACCURACY

Barilla strives to ensure that a User’s Personal Information is as accurate, complete and up to date as necessary for the purposes for which it is used. Information is updated only when necessary to fulfill specified purposes.

 

SAFEGUARDS

Barilla has security safeguards in place designed to protect against loss, theft, unauthorized access, disclosure, copying, use or modification of Personal Information under the care of Barilla. The nature of the safeguards depends on the sensitivity, format, location and storage of the Personal Information. These security measures may from time to time include locked cabinets, computer passwords, software firewalls to stop hackers, encryption software, restricting access to Personal Information to only those employees or representatives who have a need to know and, if deemed necessary by Barilla in its sole discretion, confidentiality covenants from third parties to whom Personal Information has been disclosed. Nonetheless, Barilla, its parent and its affiliates are not responsible for any breach of its security or for the actions of any third parties that may obtain any Personal Information.

 

E-mail and the internet are not a 100% secure medium, and Users should be aware of this when contacting us to send Personal Information.

 

Barilla may collect user information from the Barilla Website (for example, via cookies which are alphanumeric identifiers transmitted from a website to a visitor’s browser and IP address). This information is used solely for enabling us to provide you with a customized online experience and to find ways to improve our website. Although cookies are widely used, it may be possible to disable cookies via your browser settings. However, in so doing, some websites may not function properly or optimally.

 

The Barilla Website may contain links to other third party sites that are not governed by this Privacy Policy. Although we endeavour to link only to sites with high privacy standards, our Privacy Policy will no longer apply once you leave the Barilla Website. We are not responsible for privacy policies employed by other third parties or any foreign affiliates, since they would be governed by privacy legislation applicable in their country of residence. We suggest, therefore, that you examine the privacy statements of those sites to learn how personal information may be collected, used and/or disclosed.

 

ACCOUNTABILITY AND OPENNESS

Barilla is responsible for the Personal Information under its control and has appointed a Chief Compliance Officer to ensure that we comply with all applicable privacy legislation and the terms of this Privacy Policy. Personal Information provided to third party service providers with whom Barilla has a contractual agreement will have levels of protection comparable to the internal protection of Personal Information maintained at Barilla.

 

The Chief Compliance Officer addresses and investigates questions or concerns regarding a User’s Personal Information. The Chief Compliance Officer may be reached by mail at 1200 Lakeside Drive, Bannockburn, IL, 60015, Attention: Chief Compliance Officer, or by email at jeffrey.liebling@barilla.com. A copy of this Privacy Policy, and any future updates or amendments hereto, is available at the Barilla Website and upon request from Barilla.

 

INDIVIDUAL ACCESS

Upon written request of a User, Barilla will provide such User with access to his or her Personal Information. Barilla will correct or amend any inaccuracies in the User’s Personal Information, and such amended information will be forwarded to any third parties who require access to the information. Barilla has the right to refuse a request for access to Personal Information:

• If the information is protected by legal privilege;

• If granting access would reveal confidential commercial or financial information;

• If doing so would reasonably be expected to threaten the life or security of another individual;

• If the information was collected for purposes related to the detection and prevention of fraud;

• If the information was generated in the course of a formal dispute resolution process;

• If the information would likely reveal Personal Information about another User;

• If the request is vexatious or frivolous; and/or

• To protect Barilla’s rights and property.

 

If the request of a User for such individual’s Personal Information is denied, the individual will be informed in writing of the reasons for the denial, as well as any recourse available to such individual.

 

Access to a User’s Personal Information will be at no cost to such User. Minimal charges may apply, however, for the transcription, reproduction or transmission of documents containing Personal Information.

 

CHALLENGING COMPLIANCE

If a complaint (“Complaint”) regarding Barilla’s handling of Personal Information is received, an individual (the “Investigator”) with the skills necessary to conduct an investigation fairly and impartially will be assigned. The Investigator will have access to all relevant records and will be permitted to speak with employees of Barilla who handled the Personal Information access request. The complainant will receive notification of the outcome of the investigation clearly and promptly. Any inaccurate Personal Information or policy/procedure changes will be modified, if necessary, based on the outcome of the Complaint.

 

CURRENCY OF THIS PRIVACY POLICY

Barilla reserves the right to change this Privacy Policy at any time and from time to time. Any changes or additions to section I of this Privacy Policy regarding those situations where Barilla will collect, use or disclose Personal Information will not apply to a User without the prior consent of such User. All Users are encouraged to contact Barilla to determine if any updates have been made to this Privacy Policy. Please click here  to contact us.