Privacy Policy

This Privacy Policy applies to personal information collected by Ben & Jerry's in connection with the services we offer. This includes information collected offline through our call centers, direct marketing campaigns, sweepstakes and competitions, and online through our websites, branded pages on third party platforms and applications accessed or used through such websites or third party platforms which are operated by or on behalf of Ben & Jerry's. This Privacy Policy is hereby incorporated into and forms part of the terms and conditions of use of the applicable Ben & Jerry's Site. For information about how Ben & Jerry's is responsible for protecting your personal information, see Your privacy rights and who to contact below.

This Privacy Policy does not apply to the information practices of:
• third party companies (including, without limitation, their websites, platforms and/or applications) which we do not own or control; or
• individuals that Ben & Jerry's does not manage or employ.

These Third Party Sites may have their own privacy policies and terms and conditions. We encourage you to read them before using those Third Party Sites.

Ben & Jerry's will not collect, use or disclose your personal information without your consent. In most cases, we will ask for your consent explicitly but, in some cases, we may infer consent from your actions and behavior. By using a Ben & Jerry's Site, you are consenting to using and disclosing your personal information in accordance with this Privacy Policy.

We may ask you to provide additional consent if we need to use your personal information for purposes not covered by this Privacy Policy. You are not obliged to provide such consent but if you decide not to then your participation in certain activities may be restricted. If you provide additional consent, the terms of that consent shall prevail in the event of any conflict with the terms of this Privacy Policy.

If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use the Ben & Jerry's Sites or otherwise provide Ben & Jerry's with personal information.

The Ben & Jerry's Site is designed and intended for use by adults. When the Ben & Jerry's Site is intended for use by a younger audience, we will obtain consent from a parent or guardian before we collect personal information where we feel it is appropriate to do so or where it is required by applicable data protection laws and regulations (the age at which consent is necessary varies from country to country). If you are a child over the age where parental consent is required in your country, you should review the terms of this Privacy Policy with your parent or guardian to make sure you understand and accept them.

If we discover that we have collected information without consent from a parent or guardian where such consent should have been obtained, we will delete that information as soon as possible.

Access to certain parts of the Ben & Jerry's Site and/or eligibility to receive prizes, samples or other rewards may be limited to users over a certain age. We may use your personal information to carry out age verification checks and enforce any such age restrictions.

In this Privacy Policy, your "personal information" means information or pieces of information that could allow you to be identified. This typically includes information such as your name, address, screen name, profile picture, email address, and telephone number, but can also include other information such as IP address, shopping habits, preferences and information about your lifestyle or preferences such as your hobbies and interests. We may collect personal information about you from different sources, including:

• Information you give us directly

  We may collect information from you directly when you provide us with personal information, e.g. when you register for prize draws or competitions, sign up to receive information, use applications, buy a product or service from us, fill out a survey, or make a comment or enquiry. The types of information we may collect from you directly include your:

  • name
  • address
  • email address
  • user name
  • telephone number
  • credit card or other payment information
  • age
  • date of birth
  • gender
  • user-generated content, posts and other content you submit to the Ben & Jerry's Site.
  • any other personal information you volunarily provide to us
• Information we collect automatically when you use the Ben & Jerry's Site

  We use cookies and other tools (such as web analytic tools and pixel tags) to automatically collect information about you when you use the Ben & Jerry's Site, subject to the terms of this Privacy Policy and applicable data protection laws and regulations. The types of information we may collect automatically include (collectively, "Site Usage Information"):

  • information about the type of browser you use
  • details of the web pages you have viewed
  • your IP address
  • the hyperlinks you have clicked
  • your user name, profile picture, gender, networks and any other information you choose to share when using Third Party Sites (such as when you use the "Like" functionality on Facebook or the +1 functionality on Google+)
  • the websites you visited before arriving at the Ben & Jerry's Site.

  Most internet browsers are initially set up to accept cookies. You can change the settings to block cookies or to alert you when cookies are being sent to your device. If you use different browsers, or use multiple devices, any changes will need to be made for each browser. If you disable the cookies, this may impact your experience on the Ben & Jerry's Site.

• Information we collect from other sources

  We may receive personal information about you from other sources if you have given permission for that information to be shared. This may include information from commercially available sources, such as public databases and data aggregators, and information from third parties. The types of personal information that we may collect from such sources include your:

  • name
  • street address
  • age
  • your shopping habits
  • preferences and information about your lifestyle such as your hobbies and interests
  • publicly available information such as user-generated content, blogs and postings, as permitted by law
• Online advertising

  We may share Site Usage Information (as discussed above) with trusted third parties (e.g., advertisers, advertising agencies, advertising networks, data exchanges, etc.) in order to offer you tailored content, including more relevant advertising for products and services which may be of interest to you. These third parties may set and access their own cookies, clear gifs and similar tracking technologies on your device in order to help us deliver customized content and advertising to you when you visit the Ben & Jerry’s Site or third party sites.

  
  

  In the United States, we have adopted the use of the Advertising Options Icon which may appear on certain targeted advertisements that we (or a service provider acting on our behalf) send to you based on your Site Usage Information. You may click on this icon to receive more information about the collection and use of your information or to opt-out of such collection in the future. Please note that even if you opt out, you may still receive advertisements from Ben & Jerry’s that are not customized based on your Site Usage Information.

  
  

  You may also use the Network Advertising Initiative's Opt-Out Tool and the Digital Advertising Alliance's Opt-Out Tool, each of which provides a list of those third parties that may send you targeted advertising based on your internet browsing activities and for which you can opt-out of their use of your information for that purpose.

We may use your personal information:

• to improve our products and your experience on the Ben & Jerry's Site. Find out more.

  We may use your personal information to:

  • evaluate the use of the Ben & Jerry's Site, products and services
  • analyze the effectiveness of our advertisements, competitions and promotions
  • personalize your website experience, as well as to evaluate (anonymously and in the aggregate) statistics on website activity, such as what time you visited it, whether you've visited it before and what site referred you to it
  • make the Ben & Jerry's Site easier to use and to better tailor the Ben & Jerry's Site and our products to your interests and needs (e.g., by presenting content, ads or offers that are tailored to you)
  • help speed up your future activities and experience on the Ben & Jerry's Site. For example, a site can recognize that you have provided your personal information and will not request the same information a second time
  • collect information about the device you are using to view the Ben & Jerry's Site, such as your IP address or the type of Internet browser or operating system you are using, and link this to your personal information so as to ensure that the Ben & Jerry's Site presents the best web experience for you
• to contact you regarding products and services which may be of interest to you, provided you have given us consent to do so or you have previously requested a product or service from us and the communication is relevant or related to that prior request and made within any timeframes established by applicable laws. Find out more.

  We may use your personal information to:

  • suggest products or services (including those of relevant third parties) which we think may be of interest to you
  • offer you the opportunity to take part in competitions or promotions

  You can opt out of receiving communications from us at any time. Any direct marketing communications that we send to you will provide you with the information and means necessary to opt out.

• to provide you with products or services that you request from us. Find out more.

  We may use your personal information:

  • for the purposes of competitions or promotions that you have entered
  • to send you information, products or samples that you have requested
  • to respond to your queries or comments

  Where we collect personal information for a specific purpose, we will not keep it for longer than is necessary to fulfill that purpose, unless we have to keep it for legitimate business or legal reasons. In order to protect information from accidental or malicious destruction, when we delete information from our services we may not immediately delete residual copies from our servers or remove information from our backup systems.

We may make available a service through which you can receive text or other types of messages from Ben & Jerry's (such as short message service, or SMS, enhanced message service, or EMS, and multimedia message service, or MMS) on your wireless or mobile device ("Mobile Message Service"). If you subscribe to one of our Mobile Message Services, you agree to receive such messages from Ben & Jerry's at the address or mobile number you provide for that purpose (unless and until you have elected to opt out of receiving such messages by following the instructions in the Your privacy rights and who to contact section below).

You understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Your privacy rights and who to contact section below. If fees are charged to your wireless account invoice, you agree that we may collect from you and provide your carrier with your applicable payment information in connection therewith. You represent that you are the owner or authorized user of the wireless device you use to sign up for the Mobile Message Service, and that you are authorized to approve the applicable charges. In addition to meeting certain age restrictions and any other terms and conditions associated with each Mobile Message Service, you may be required to register personal information such as your name, text message, wireless address or mobile phone number. We may also obtain the date, time and content of your messages in the course of your use of the Mobile Message Service. We will use the information we obtain in connection with our Mobile Message Service in accordance with this Privacy Policy. Please note, however, that your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

You acknowledge and agree that the Mobile Message Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the Mobile Message Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Mobile Message Service. We may also access the content of your wireless and/or mobile phone account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints.

• As a general rule, we do not share your personal information with anyone outside of Ben & Jerry's. However, we may share your personal information with trusted third parties. Find out more.

  We may share your personal information with:

  • our advertising, marketing and promotional agencies to help us deliver and analyze the effectiveness of our advertising campaigns and promotions
  • third parties required to deliver a product or service to you, such as a delivery or postal service delivering a product that you have ordered
  • law enforcement or government authorities where they have followed due legal process to request us to disclose the information
  • third parties who wish to send you information about their products and services, but only if you have given us consent to do so
  • third party providers of services, such as data processing, to Ben & Jerry's
  • web analytics tool providers, such as Google or Unica
• We may also share your personal information with companies, organizations or individuals outside of Ben & Jerry's if we believe that disclosure of the information is necessary for legal reasons. Find out more.
  

  We may share your personal information to:

  • enforce applicable terms of use of the Ben & Jerry's Site
  • conduct investigations into possible breaches of applicable laws
  • detect, prevent and protect against fraud and any technical or security vulnerabilities
  • comply with applicable laws and regulations, co-operate in any legal investigation and meet enforceable governmental requests

  If we do share your personal information with a third party, we shall use our best efforts to ensure that they keep your information secure, take all reasonable steps to protect it from misuse and only use it in a manner consistent with this Privacy Policy and applicable data protection laws and regulations.
  
  Ben & Jerry's does not sell personal information, except to an entity to which we divest all or a portion of our business (for example, in connection with our sale of a brand), or otherwise in connection with a merger, consolidation, change in control, reorganization or liquidation of all or a portion of our business.

We may transfer your personal information to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on our behalf. By using the Ben & Jerry's Site or otherwise providing Ben & Jerry's with personal information, you agree to us doing so in accordance with the terms of this Privacy Policy and applicable data protection laws and regulations.

You should be aware that many countries do not afford the same legal protection to personal information as you might enjoy in your country of origin. While your personal information is in another country, it may be accessed by the courts, law enforcement and national security authorities in that country in accordance with its laws. Subject to such lawful access requests, we promise that anyone processing your personal information outside your country of origin is required to implement measures to protect it and is only entitled to process it in accordance with Ben & Jerry's instructions.

Safeguarding your personal information

If you have any questions, comments or concerns about how we handle your personal information, then you may contact us by clicking the Contact Us link on the Ben & Jerry's Site that directed you to this Privacy Policy. Alternatively, please go to www.benjerry.com.

You have the right to tell us if you:

• don't want to be contacted in the future by us - Do Not Contact
• would like a copy of the personal information which we hold about you
• would like us to correct, update or delete your personal information in our records - Update My Information
• wish to report any misuse of your personal information

To assist us in dealing with your request, please provide your full name and details.

We may change this Privacy Policy from time to time by posting the updated version of the Privacy Policy on the Ben & Jerry's Site. We will give you reasonable notice of any material change. We encourage you to visit frequently to stay informed about how we use your personal information.

In addition to this Privacy Policy, there may be specific campaigns or promotions which will be governed by additional privacy terms or policies. We encourage you to read these additional terms or policies before participating in any such campaigns or promotions as you will be required to comply with them if you participate. Any additional privacy terms or policies will be made prominently available to you.