PRIVACY POLICY

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer/electronic system and does not require any physical or digital signatures.

EFFECTIVE DATE: March 2024

Introduction

Hershey India Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at [Schindler House, Hiranandani Gardens, Powai, Mumbai - 400076] (“Hershey India,” “we,” or “us”) recognizes the importance of protecting your privacy.

Hershey India Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at [Schindler House, Hiranandani Gardens, Powai, Mumbai - 400076] (“Hershey India,” “we,” or “us”)recognizes the importance of protecting your privacy. This Website Privacy Policy describes our information handling and privacy practices in connection with the personal information that we collect online through

https://hershe.co.in, a website which provides a collection of online resources, including classified advertisements, forums, blogs, and related sites and is owned and operated by us (this “Website ”).

By using this Website, you agree to our collection, use, and disclosure of your personal information (i.e., information that relates to a natural person, which either directly or indirectly, in combination with other information that is available or likely to be available, is capable of identifying such person) as described in this Website Privacy Policy.

For the purposes of this Website Privacy Policy, the term “user(s)” and wherever the context so requires “you” or “you” shall mean any natural or legal person who accesses or uses this Website and, in the event that a natural person is representing a business entity, reference to such terms shall include a reference to such business entity as well.

This Campaign is applicable only in India

By using this Website, you agree to our collection, use, and disclosure of your personal information (i.e., information that relates to a natural person, which either directly or indirectly, in combination with other information that is available or likely to be available, is capable of identifying such person) as described in this Website Privacy Policy. For the purposes of this Website Privacy Policy, the term “user(s)” and wherever the context so requires “you” or “you” shall mean any natural or legal person who accesses or uses this Website and, in the event that a natural person is representing a business entity, reference to such terms shall include a reference to such business entity as well.

Through the Campaign, Hershey India only intends to engage with the valued consumers of ‘Hershey India’ to provide an opportunity to them for a personalized gifting experience. You acknowledge that You are solely responsible to the person(s) for whom the personalized Output is generated and shared basis your Inputs and approval of the Output. Hershey India will not be responsible in any manner to the person for whom the Digital Pack or Output is generated or its display/exhibit. By entering the Campaign, the Participant hereby releases Hershey India from and agrees to indemnify Hershey India and any of their respective officers/employees/directors/representatives/agents from and against all liability, cost, loss or expense arising out of participation in the Campaign including (but not limited to) personal injury and damage to property or any violation of intellectual property rights of a third party or any claim or challenge raised by the person for whom You have generated the Output or violation of any law and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.

DETAILS OF THE CAMPAIGN AND HOW TO ENTER

1. Campaign Period: The Campaign will start at 00:01 a.m. 1st March 2024 and end 11:59 p.m. on 31st March 2024. ("Campaign Period"). Any participation before or after the Campaign Period will not be considered. We reserve the right to cancel/modify/extend the Campaign Period or the T&Cs applicable to this Campaign without giving any prior notice to You. No claims/questions shall be entertained in this regard.

2. How to Participate

2.1 To participate in the Campaign, You shall visit the campaign microsite (hershe.co.in). You shall respond to the questions and provide the required details

2.2 On the microsite, you will be asked provide answers to a standard preset questionnaire template. Based on your Inputs, our partners will use the services of a leading Video Platform to generate a customized digital pack i.e. the Output for You.

2.3 You will be given a preview option to view the entire Output prior to sharing it with any other person. It is highly recommended that You watch Output to ensure that it is fitting to your requirements.

2.4 After previewing the Output, You will have the option to download and proceed with the customized Output.

2.5 You acknowledge that Your Inputs should not be offensive, abusive, obscene, political, religious, derogatory, or inducing hatred, violence or disparaging in any manner. Your Inputs should adhere to ethical moral standards. Your Inputs should also not contain the Intellectual Property of any third party.

3. Roles Responsibility of Parties Involved:

3.1 Inputs provided by You for generation of output shall not be false, obscene, disparaging, derogatory or harmful or hurtful statements. You undertake that You are generating the Output with a bonafide intent to offer a unique customized gifting experience. You undertake that all the liability and responsibility for the Input would be solely with You. Hershey India and any of its / their respective affiliates, employees, directors, representatives and agents would have no liability whatsoever on such Inputs shared by You.

3.2 You further acknowledge that the technology which is applied for generation of output can get things wrong, suffer from bugs, and provide factually incorrect or distorted Outputs. Hallucinations can appear convincing and may be hard to detect. As the Output is generated through tech-based platform basis the Inputs provided by You, You shall confirm that the Output generated is appropriate and in accordance with Your Inputs. Hershey India shall not be responsible for Hallucinations or incorrect Output.

3.3 The text and image featuring in the Output are basis the selections made by You and is solely generated through your selection.

3.5 Our partners is using an existing Technology Platform to generate the output for You basis the Inputs and terms of use. Hershey India/ Our partners is not associated with the Tech Platform. Inputs/Output are sent to the servers of the Tech Platform where it is stored and continuously used to train.

4. The campaign is intended to be run purely on a "best effort" basis and is subject to applicable law.

5. Your Participation in the Campaign shall only be limited to extent of sharing Inputs for creation of the Output i.e. customised digital HERSHEY’S Pack. You can download and share the customized output with the person for whom You generated the Output.

6. Participation in this Campaign does not entitle the Participant or the person for whom Output is generated, any rights in the intellectual property of the customized love story video created during the Campaign.

Collection of information

We and our service providers collect the following categories of personal information about you:

  • Contact Information: When you use this Website, we may collect or obtain relevant contact details, such as your name, physical address, phone number, or email address.

  • Data you make public: If you post in a public space on this Website or otherwise choose to make your personal information public on this Website, we will collect or obtain such information.

  • Demographic Information: Where appropriate, we will collect details about you that may not on their own reveal your specific identity like your gender or age.

  • Other Information: When you access and use this Website, we may collect device information, such as your browser and device type and your device’s IP address, as well as information about your visits to, interactions with, and usage of this Website.

We and our third-party providers collect your personal information in a variety of ways, including:

  • Through this Website: We collect personal information through this Website, for example, if you share your story for Snap Song generation and enter your details to receive the experience over WhatsApp

  • Through cookies and other similar technologies: When you visit and interact with this Website, we and our service providers may use cookies and/or other similar technologies (e.g., pixel tags or web beacons) to record information about your device, your browser, and your browsing habits

  • From third parties: We may receive personal information about you from third parties, such as social media platforms, that provide it to us

Please note that we may combine personal information that we collect (as described above) with information from other sources. For example, we may combine information that we have collected offline with personal information we collect through this Website. We may also combine information we get from a third party with personal information we already have about you. We will use the combined information only for the purposes described in this Website Privacy Policy.

Cookies and other similar Technologies

Like most other websites, we and our third-party providers use cookies and other similar technologies on this Website. “Cookies” are small text files that are stored on your computer or device when you access certain websites. Cookies are a reliable mechanism that are used for various purposes, including to make websites work, to keep track of visitors movements within websites, and to remember users’ login details. To learn more about cookies, please click here.

We (and third parties) may use cookies and other similar technologies on this Website to:

  • Recognize new or past visitors;

  • Store your password (if you are registered on this Website);

  • Improve the use and functionality of this Website and better understand your visits on this Website;

  • Integrate with third-party social media platforms;

  • Serve you with relevant advertising;

  • Observe your behaviors and browsing activities over time across multiple websites and/or other platforms; and

  • Better understand the interests of this Website’s visitors.

The option of accepting cookies is up to you, however, certain features of this Website may not work properly if you decline the use of cookies. Information on how you can control cookies, can be found in the “Your Choices and Rights” section below.

Use of Personal Information

We use your personal information for legitimate business purposes, including:

  • Providing this Website and our services and responding to your requests or questions: We use your personal information to provide this Website’s functionality to you. We also use your personal information to respond to your inquiries and fulfill your requests when you contact us via one of our online contact forms or otherwise

  • Marketing to you: We use your personal information to send you information about new products, features, and special offers and marketing-related emails if you sign up. We might also use your personal information to serve you ads about products and offers, which might be third-party offers or products we think you might find interesting.

  • Improving this Website and our services: We use your personal information to identify issues with this Website or our services and improve our offerings. We may also use your personal information to customize or personalize your user experience and the content we deliver to you.

  • Identifying usage trends: We use your personal information to conduct research, analytics, and data analysis, including to understand which parts of this Website are of most interest to you and other users.

  • Preventing fraud and security monitoring: We use your personal information to detect, prevent, and investigate possible fraud and for other security purposes.

  • Communicating with you: We use your personal information to communicate with you via any means (e.g., email, telephone, etc.) about our relationship or your feedback. From time to time, we may also use your personal information to send you administrative information, such as information about changes to this Website Privacy Policy or other applicable terms, conditions, and policies.

  • Complying with law: We use your personal information to comply with applicable law and/or respond to requests and communications from law enforcement authorities or other government officials.

  • Displaying on other social media handles of HERSHEY India pages: We will get your consent prior to using your personal information across other display and social networks of HERSHEY India.

  • Receiving Virtual Custom Pack: Please note that the user would not be provided with the actual physical pack or cannot purchase it from any location or store. It is an online memorabilia which you can download or share across your social platforms

  • Nature of Content: Any form of explicit or derogatory content submitted would not be displayed on the site or across our communication platforms (own and partners).

  • Reasons of not being able to generate the output

    1. Incomplete details on the form and not accepting T&Cs
    2. Use of inappropriate language/words/terms that do not deem fit.
    3. Uploaded image is not in the desired size/dimensions

Disclosure of Personal Information

We may disclose your personal information for legitimate business purposes to:

  • Our affiliates: We may share your personal information within the Hershey family of companies for our business purposes (including operating this Website) and to otherwise engage in the activities described in this Website Privacy Policy.

  • Our third-party service providers: We may share your personal information with providers of services, such as website hosting, email delivery, and other services related to the operation of this Website and provision of our services to you. These service providers may be located anywhere in the world and are required to handle personal information that we share with them in accordance with our instructions. You can contact us if you want to learn more about how our service providers’ use your personal information.

  • Our business partners: We may share your personal information with our partners to provide services or other offerings to you. For example, we may share personal information with third parties who co-sponsor a promotion with us. We might also share your personal information with a business partner who distributes our products. These partners may send you information about events and products by mail or email.

  • Competent governmental and public authorities: We may share your personal information with government and law enforcement authorities, in each case to comply with legal or regulatory obligations or requests

  • Relevant third parties as part of a corporate transaction: In the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with a bankruptcy or similar proceeding), we may disclose or transfer your personal information to certain third parties, such as the acquiring entity and its advisors.

  • Other third parties: We may share your personal information with other third parties at your direction or with your consent and as necessary or appropriate to: (a) comply with applicable law; (b) enforce our terms and conditions; (c) protect our operations and those of our affiliates; and (d) protect our rights, privacy, safety, or property, and/or those of our affiliates, you, or others.

We may also share your personal information for other reasons, as described to you at the time of information collection

Your Choices and Rights

You have certain choices and rights as it relates to our use and disclosure of your personal information, as described below.

  • You can opt out of receiving our marketing-related emails: If you no longer want to receive our promotional emails, you can click the opt-out link in any of our promotional emails. Please note that even if you opt out of receiving marketing-related emails from us, we will still send you administrative and transactional messages (e.g., responses to your questions), from which you cannot opt out. If you object to our use of your personal information for direct marketing purposes, please contact us.

  • You can control the use of cookies and other similar technologies: As described above, we and our service providers may use cookies and other similar technologies to collect personal information about you. Your browser’s settings may give you the ability to control cookies. To find out more about how to enable, disable, or delete cookies from your web browser, please review the materials that your browser provides. Please note that if you block or disable cookies on your browser, certain features of this Website may not work. Additionally, the choices you make are browser and device specific, and if you use multiple browsers or devices you will need to ensure that each browser and device is set to your cookie preference.

  • You may have other rights that you can exercise: You can choose whether or not to share your personal information with us. Additionally, under applicable law, you may have the right to know, access, correct, restrict the processing of, and/or delete your personal information as well as the right to withdraw your consent to the collection, use, and disclosure of your personal information. If you are interested in exercising one or more of these rights, please contact us. Please note that if you choose not to share your personal information or withdraw your consent, some parts of this Website and some parts of our services may be more difficult or impossible to use.

Children's Privacy

This Website is not directed to children, which we consider to be individuals under the age of 18 or the equivalent age as specified by law in your jurisdiction. We do not knowingly collect personal information from children online without first obtaining the consent of a parent or guardian, where required, in accordance with applicable law.

If you are a parent or legal guardian and have questions or concerns about our approach to children’s privacy or would like to access your child’s personal information and/or have the information deleted, please contact us.

Information Security

We implement reasonable physical, administrative, and technical measures to safeguard your personal information. However, because the Internet is an open system the transmission of information via the Internet is not 100% secure, and we cannot guarantee the security of the information transmitted to us using the Internet. We, therefore, encourage you to use caution when using the Internet and ensure that any personal information that you send to us is sent securely.

Information Retention

We take every reasonable step to ensure that we keep your personal information only as long as necessary for the fulfillment of the purposes described in this Website Privacy Policy or as otherwise required or allowed by law.

International Transfers

We may transfer your personal information to recipients in other countries or regions, including ones with data protection and privacy laws that differ from those in your country of residence. In the event that we transfer your personal information to other countries or regions, we will take appropriate steps to ensure an adequate level of protection for your information. By providing us with your personal information and using this Website, you are acknowledging and agreeing that we may transfer your personal information to countries outside of your country of residence.

Third-party Websites

This Website Privacy Policy does not address, and we are not responsible for, the privacy practices of any third parties, including those that operate websites to which this Website links. If you click on a third-party link, you will be taken to a website that is not under our control. Before disclosing your information on any other website, we encourage you to review the privacy policies of the website to learn about the operator’s privacy practices.

Updates to this Privacy Policy

From time to time, we may make updates to this Website Privacy Policy. The “Effective Date” at the top of this page shows when this Website Privacy Policy was last revised. We will provide notice of any material changes to this Website Privacy Policy, as required by law. We will also post an updated version of this Website Privacy Policy on this Website, and any changes will become effective at that time. Please check this Website periodically for updates.

Contact Us

If you have any further queries relating to this Website Privacy Policy, or would like to submit a request or complaint, please send an email to consumercare@hersheys.com or write us at the following physical address:

Consumer Care, Hershey India Private Limited, Schindler House, Hiranandani Gardens, Powai, Mumbai - 400076

For pulling down information submitted and displayed on the microsite, please reach out to us on our Instagram profile @hersheysindia

Governing Law

This Website Privacy Policy is governed by the laws of India. Any dispute arising out of or in relation to this Website Privacy Policy is subject to exclusive jurisdiction of the courts of Mumbai, India.

Technical Disclaimer

The materials provided on this Website could include technical inaccuracies or other errors. YOUR USE AND BROWSING OF THIS WEBSITE IS AT YOUR RISK. NEITHER HERSHEY INDIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (COLLECTIVELY, "DAMAGES") ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE. HERSHEY INDIA DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIAL PROVIDED ON THIS WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.