1. Introduction

1.1 These Terms and Conditions form the basis of the Ben & Jerry’s Inside Scoop loyalty program. They are intended to protect both Members and Ben & Jerry’s. It is the Member’s responsibility to read and understand them.

1.2 These Terms and Conditions are effective in the form in which they are published on the Website. Any material amendments to these Terms and Conditions will be notified to Members in accordance with clause 3.2.

1.3 An applicant wishing to join the Ben & Jerry’s Inside Scoop will be provided with link to the Website which will provide an overview of the Benefits of joining the Ben & Jerry’s Inside Scoop loyalty program and which will direct the applicant to a copy of these Terms and Condition.

1.4 Every Member is bound by these Terms and Conditions.

1.5 Terms and Conditions will be updated periodically.  You are agreeing to the Terms and Conditions published on the Website and/or shared with you.   When updated, you will be informed of any changes to the Terms and Conditions via notification and/or email.

2. Definitions and Interpretation

In these Terms and Conditions, the following definitions and interpretations apply:

2.1 Words importing the singular number include the plural and vice-versa and words importing any gender include all other genders.

2.2 Headings are for reference only and shall not affect the construction of these Terms and Conditions.

2.3 The following words shall have meaning given to them:

“Accepted Payment Card” means one of the credit cards, charge cards or debit cards which a Member must use to make a payment, or such other form of payment as approved by Ben & Jerry’s from time to time.

“Benefits” means any discount, service or arrangement offered or available to a Member as a result of membership in the Ben & Jerry’s Inside Scoop subject to showing a photo ID, including (but not limited to) invitations to Ben & Jerry’s events, exclusive Member offers, complimentary samples, a free scoop on your birthday week etc.

“Loyalty Membership Number” means the number assigned to a Member’s Membership by Ben & Jerry’s pursuant to clause 5.9.

“Member” means an individual who is a member of the Ben & Jerry’s Inside Scoop and is 16 years old or more.

“Membership” means membership of the Ben & Jerry’s Inside Scoop.

“Membership Level” means a level of membership of the Ben & Jerry’s Inside Scoop, as described in clause 12.

“Password” means the personal identification number which is issued to the Member by Ben & Jerry’s or nominated by the Member and accepted by Ben & Jerry’s (whichever is applicable) pursuant to clause 5.9.

“Taxes” means the goods and services tax or similar value added tax levied or imposed in the jurisdiction of Australia and New Zealand as applicable, pursuant to the prevailing tax law(s) of the jurisdiction at the time.

“Ben & Jerry’s” means for members in Australia: Unilever Australia Ltd ABN 66 004 050 828 of 219 North Rocks Road, North Rocks NSW 2521, Australia; and for members in New Zealand:  Unilever New Zealand Limited, NZBN 9429040971278, Level 4/103 Carlton Gore Road, Newmarket, Auckland 1023, New Zealand.  

“Ben & Jerry’s Inside Scoop” means the loyalty program operated by Ben & Jerry’s.

“Terms and Conditions” means these Terms and Conditions between Ben & Jerry’s and each Member, as amended by Ben & Jerry’s from time to time.

“Website” means www.benandjerry.com.au.

3. Changes to the Ben & Jerry’s Inside Scoop

3.1 Subject to clause 3.2, Ben & Jerry’s reserves the right to make any amendments (whether material or otherwise) to the Ben & Jerry’s Inside Scoop, these Terms and Conditions and any Benefits offered, including amendments to Benefits including the continued availability of Benefits;

3.2 Ben & Jerry’s will use all reasonable efforts to advise Members of material amendments to these Terms and Conditions and where such changes will affect the Benefits provided by Ben & Jerry’s to Members, Ben & Jerry’s will endeavour to give Members at least 4 weeks’ notice.

3.3 Without limiting this clause 3 in any way, Members will be taken to have received the notice referred to in clause 3.2 if Ben & Jerry’s notifies Members of the amendments by providing notice at the email address provided to Ben & Jerry’s by the Member.

4. Termination or suspension of the Ben & Jerry’s Inside Scoop

4.1 Ben & Jerry’s gives no warranty as to the continuing availability of the Ben & Jerry’s Inside Scoop and may terminate or suspend the Ben & Jerry’s Inside Scoop at any time. Ben & Jerry’s will give at least 30 days’ notice to Members of such termination or suspension, in the manner set out in clause 3.3, unless Ben & Jerry’s ceases to operate a retail business in which case the Ben & Jerry’s Inside Scoop will cease immediately.

4.2 If Ben & Jerry’s terminates or suspends the Ben & Jerry’s Inside Scoop and it ceases to operate a retail business, Ben & Jerry’s may terminate or cancel any Benefits immediately and without notice or liability to Members.

5. Membership

5.1 Membership of the Ben & Jerry’s Inside Scoop is only open to individuals. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.

5.2 Persons wishing to become Members must apply for Membership by completing a Membership application form, either in a Ben & Jerry’s store or via the Website.

5.3 Membership is offered at the sole discretion of Ben & Jerry’s. Ben & Jerry’s has the right to accept or reject any application for Membership without providing any reasons to the applicant.

5.4 Ben & Jerry’s has the right to terminate the Membership of any Member in accordance with clause 8.

5.5 Members may cancel their Membership at any time by emailing your full name and telephone number to aus.customerservice@unilever.com. Deleting an account is irreversible and includes the loss of all your data.

5.6 A Member may not hold more than 1 Membership at any time.

5.7 An applicant who completes a Membership application in a Ben & Jerry’s store will be sent an introductory email or text which will provide an overview of the Benefits of joining the Ben & Jerry’s Inside Scoop and which will direct the applicant to the Website for a copy of these Terms and Conditions.

5.8 An applicant who completes a Membership application form via the Website will receive a personalised email, which will provide an overview of the Benefits of joining the Ben & Jerry’s Inside Scoop and which will direct the applicant to the Website for a copy of these Terms & Conditions.

5.9 Members must advise Ben & Jerry’s of any change of name, address or other details, as soon as practicable after such change occurs, by either logging into their account via the Website and making the changes directly. Ben & Jerry’s is not responsible for loss caused by any failure by a Member to notify Ben & Jerry’s of any changes in accordance with this clause or for any incorrect information notified to Ben & Jerry’s.

5.10 Refunds will be processed within 48 hours of inquiry. Funds will be displayed in account within 5-10 days after processing per Stripe refund policy.

6. Use of Membership

6.1 By using the Inside Scoop  Loyalty program or by claiming any Benefit, the Member agrees to be bound by these Terms and Conditions and provides the consents specified in clause 9 relating to personal information.

6.2 The Loyalty Membership and Password are valid for use only by the Member and are not transferable in any circumstances. If the Member is notified of a validity period of the Loyalty Membership and/or Password, the Loyalty Membership and/or Password may only be used and will only be valid during such period.

6.3 In the event of the loss, theft or unauthorised use of a Member’s Loyalty Membership or Password, it is the Member’s responsibility to notify Ben & Jerry’s in writing as soon as possible. The Member is liable for all use of the Loyalty Membership or Password until Ben & Jerry’s is notified in writing of the loss, theft or unauthorised use.

6.4 Members can change their communication preferences in their member profile.

7. Member Obligations

7.1 Members must not:

(a) act in any way which breaches these Terms and Conditions;

(b) abuse or misuse the Ben & Jerry’s Inside Scoop Benefits, facilities, services or arrangements provided to the Member as a result of membership including by:
(i) engaging in illegal or fraudulent activities;
(ii) supplying or attempting to supply false or misleading information;
(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Benefit other than in accordance with these Terms and Conditions; or
(iv) acting in a hostile, abusive or aggressive manner toward Ben & Jerry’s staff or fellow customers of Ben & Jerry’s.

7.2 Members are responsible for regularly checking their Membership account via the Website and must notify Ben & Jerry’s of any omissions, incorrect entries or other discrepancies within 60 days of the omission, incorrect entry or other discrepancy having occurred to enable Ben & Jerry’s to make any corrections (if required) to the Membership account.

8. Termination or suspension of Membership

8.1 If a Member has committed a material breach of any of these Terms and Conditions, whether intentionally or otherwise, Ben & Jerry’s may take any one or more of the following actions:

(a) suspend or terminate the Member’s Membership;
(b) cancel or refuse to honour any Benefits that have been redeemed by or provided to the Member.

8.2 If Ben & Jerry’s intends to take any of the actions specified in clause 8.1, Ben & Jerry’s will provide written notification to the Member of its intentions and reasons for doing so. The Member will have 21 days to respond to this notice by rectifying the breach (if possible) and by providing Ben & Jerry’s with reasons why Ben & Jerry’s should not take such action. Ben & Jerry’s will review the Member’s response and advise the Member of its decision and may suspend the Member’s account until the review is complete.

8.3 Membership will terminate automatically upon the death of a Member and Benefits earned by that Member but not redeemed prior to death will be automatically cancelled. Ben & Jerry’s will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.

9. Personal Information

9.1 The Member consents and authorises Ben & Jerry’s to collect, use and disclose the information that Ben & Jerry’s collects in relation to the Member for the purposes of:

(a) Ben & Jerry’s providing goods and services to Members, including providing Benefits;
(b) Ben & Jerry’s marketing its goods and services or the goods and services of selected third parties;
(c) any third party providing services to Ben & Jerry’s in connection with the administration of the Ben & Jerry’s Inside Scoop.

This information may be transferred between Australia and New Zealand for these purposes. If all or any part of the requested information is not provided by the Member, the services provided to that Member by Ben & Jerry’s may be affected.

9.2 If a Member requests, and to the extent permitted or required by law, Ben & Jerry’s will provide that Member with access to and the ability to correct their personal information held by Ben & Jerry’s by writing to Ben & Jerry’s address, noted above in these terms and conditions. Only the Member named on the Membership will be entitled to access Membership information.

9.3 This clause 9 survives the termination of these Terms and Conditions and the termination or suspension of the Ben & Jerry’s Inside Scoop.

9.4 Further information regarding Ben & Jerry’s’ privacy practices are available by viewing or downloading Ben & Jerry’s privacy policy on the Website.

10. Liability

10.1 Ben & Jerry’s acknowledges that certain laws imply terms, conditions and warranties into contracts for the supply of goods or services which cannot be excluded.

10.2 Subject to clause 14.1, to the extent permitted by law Ben & Jerry’s and any of its officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, indirect, consequential or economic loss or loss of profits) arising under or in connection with these Terms and Conditions or the Ben & Jerry’s Inside Scoop, including, without limitation, any changes to these Terms and Conditions or Ben & Jerry’s, save to the extent that such loss or claim arises from the negligence or wilful misconduct of Ben & Jerry’s or any of its officers, employees or agents.

11. General Provisions

11.1 These Terms and Conditions and Membership are governed by and will be construed in accordance with the applicable law in the State of New South Wales, Australia, irrespective of where the application for Membership was completed by the Member or submitted to Ben & Jerry’s. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership, the Member irrevocably submits to the authority of the Courts having jurisdiction in the State of New South Wales, Australia.

11.2 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded including the Competition and Consumer Act 2010(Cth).

11.3 If part of all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining clauses in these Terms and Conditions will continue to have full force and effect.

12. Promotion

12.1 Inside Scoop members will receive ‘Brownie Points’ for various activities as determined by Ben & Jerry’s, which can then be redeemed in participating Ben & Jerry’s stores for discounts.  For each $1 spent, the member will receive 10 Brownie Points.  100 Brownie Points equate to $1 of discount. 

12.2 Brownie Points will expire after 6 months unless redeemed earlier.

12.3 Coupons cannot be used in conjunction with any other offer.

Privacy Notice

#yourdataisyours

We know that you care about your personal data and how it is used, and we want you to trust that Unilever uses your personal data carefully. This Privacy Notice will help you understand what personal data we collect, why we collect it and what we do with it.

As you read our Notice, please keep in mind that it applies to Unilever Australia Limited and all of its related bodies corporate.

Please take a moment to familiarise yourself with our privacy practices and let us know if you have any questions by sending us an email to or submitting a request through the “Contact Us” form on our websites.

We have tried to keep this Notice as simple as possible, but if you’re not familiar with terms, such as cookies, IP addresses, and browsers, then please read about these key terms first.

• Who Is Collecting It?

Any personal data provided to or collected by Unilever is controlled by Unilever Australia Limited, the data controller.

This Privacy Notice applies to personal data collected by Unilever in connection with the services and products we offer. References to “Unilever” in this Notice means Unilever Australia Limited and any company directly or indirectly owned and/or controlled by Unilever Australia Limited and any of its related bodies corporate that you are interacting with or have a business relationship with.

This Privacy Notice also applies to Unilever’s marketing content, including offers and advertisements for Unilever products and services, which we (or a service provider acting on our behalf) send to you on third-party websites, platforms and applications based on your site usage information. These third-party websites generally have their own Privacy Notice and Terms and Conditions. We encourage you to read them before using those websites.

• What Personal Data Is Being Collected?

Personal data means any information that can be used to identify directly or indirectly a specific individual.

You are not required to provide Unilever the personal data that we request, but if you choose not to do so, we may not be able to provide you with our products or services, or with a high quality of service or respond to any queries you may have.

We may collect personal data from a variety of sources. This includes:

• Personal data you give us directly,
• Personal data we collect automatically, and
• Personal data we collect from other sources.

Personal data means any information that can be used to identify directly or indirectly a specific individual. This definition includes personal data collected offline through our Consumer Engagement Centres, direct marketing campaigns, sweepstakes and competitions and online through our websites, applications and branded pages on third-party platforms and applications accessed or used through third-party platforms.

You may be asked to provide your personal data when you are in contact with us. Unilever Australia Limited and its related bodies corporate may share your personal data with each other and other Unilever Group companies and use it in a manner consistent with this Privacy Notice. We may also combine it with other information to improve our products, services, content, and advertising. 

You are not required to provide Unilever the personal data that we request, but if you choose not to do so, we may not be able to provide you with our products or services, or with a high quality of service or respond to any queries you may have.

Ways in which we collect your personal data

We may collect personal data from a variety of sources. This includes:

• Personal data you give us directly. We collect data about how you use our services and products, such as the types of content you view or engage with, or the frequency and duration of your activities. We also collect personal data you provide us when you sign up for a marketing newsletter, complete a survey or register for an account to buy our products. In so doing, we may ask for personal data, such as your name, gender, date of birth, address, email address, telephone number or credit card details. Some Unilever brands may collect “special categories of personal data” about you with your explicit consent. For more information on the special categories of data we collect and how we use it, please refer to the relevant section below.
• Personal data we collect automatically. We also receive and store certain types of personal data whenever you interact with us online. For example, we use cookies and tracking technologies (to find out more, see our privacy key terms) to obtain personal data when your web browser accesses our websites or advertisements and other content served by or on behalf of Unilever on other websites. Your personal data is also collected when you search, buy, post, participate in a contest or questionnaire or communicate with our customer service teams. Examples of the types of personal data we collect include; IP address (to find out more see our privacy key terms), device ID, location data, computer and connection information such as browser type and version, time zone setting, browser plug-in types and versions, operating system, and purchase history – which Unilever sometimes aggregates with similar information from other consumers. During some of your internet browsing on Unilever’s websites we may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.
• Personal data we collect from other sources. We collect personal data from other sources including our trusted partnerships with third-parties and where we operate Unilever accounts on third-party platforms: For example, when you use the “like” functionality on Facebook or the +1 functionality on Google+. Additionally, we receive information about you and other visitors’ interactions with our advertising to measure whether our advertising is relevant and successful. We also collect information about you and your activities from a third-party when we jointly offer services or products, or from third-party data enrichment providers (to find out more see our privacy key terms) who may deliver insights to Unilever about the personal data we hold.

When and why we collect “special categories of personal data”

Certain categories of personal data, such as race, ethnicity, religion, health, sexuality or biometric data are classified as “special categories of data” and benefit from additional protection under the European data protection legislation.

We limit the circumstances where we collect and process these special categories of data.  

Unilever sometimes collects data related to your health such as allergies, pregnancy or skin type to send you tailored ads and relevant promotions. Unilever only collects and uses this personal data where you have provided us with your consent for us to do so. In some instances, you may have requested services or products that do not directly involve the collection of any special categories of data, but may imply or suggest your religion, health or other special categories of data.

To illustrate circumstances where Unilever collects and processes special categories of data we have provided the following examples:

• Unilever collects expectant mothers’ due dates in its Zwitsal or Baby Dove newsletter sign-up page. It may also place cookies on the sign-up page which capture this information too. This data is then used to create an audience of expectant mothers to receive online advertising from relevant Unilever brands. For more information on Unilever’s profiling activities, please refer to the relevant section;
• Similarly, Unilever collects personal data related to consumers’ allergies to provide consumers with ads and promotions for products which are relevant to their needs.

How do we protect children’s privacy?

We understand the importance of taking extra precautions to protect the privacy and safety of children using Unilever products and services. 

Most of Unilever’s websites are designed and intended for use by adults. Where one of our websites is intended for use by a younger audience, we will obtain consent from the person with parental responsibility before we collect personal data where it is required by applicable laws and regulations (the age at which consent is necessary varies from Country to Country). 

If you are a child under the age where parental consent is required in your Country, you should review the terms of this Privacy Notice with your parent or guardian to make sure you understand and accept them. If we discover that we have collected personal data from a child without consent from a parent or guardian where such consent should have been obtained, we will delete that personal data as soon as practical. Access to certain parts of the Unilever’s websites and/or eligibility to receive prizes, samples or other rewards are generally limited to users over a certain age. 

We sometimes use your personal data to carry out age verification checks and enforce any such age restrictions.

• What Purpose Do We Use Your Data For?

We collect, process and disclose your personal data only for specific and limited purposes. For example, to process your payments, to assess and handle any complaints, to develop and improve our products, services, communication methods and the functionality of our websites, to provide personalised products, communications and targeted advertising as well as product recommendations to you.

We also create profiles by analysing the information about your online surfing, searching and buying behaviour and your interactions with our brand communications by building segments (creating groups that have certain common characteristics) and by placing your personal data in one or more segments. 

Additionally, Unilever processes your personal data also using automated means. An automated decision is a decision which is made solely by automatic means, where no humans are involved in the decision-making process related to your personal data.

We collect, process and disclose your personal data for the following purposes:

• To process your payments, if you purchase our products, to provide you with your order status, deal with your enquiries and requests, and assess and handle any complaints;
• To process and answer your inquiries or to contact you to answer your questions and/or requests;
• To develop and improve our products, services, communication methods and the functionality of our websites;
• For the purposes of competitions or promotions that you have entered;
• To communicate information to you and to manage your registration and/or subscription to our newsletter or other communications;
• To manage our everyday business needs regarding your participation in our contests, sweepstakes or promotional activities or request;
• To authenticate the identity of individuals contacting us by telephone, electronic means or otherwise;
• For internal training and quality assurance purposes;
• To understand and assess the interests, wants, and changing needs of consumers, to improve our website, our current products and services, and/or developing new products and services; and
• To provide personalised products, communications and targeted advertising as well as product recommendations to you.

When we collect and use your personal data for purposes mentioned above or for other purposes, we will inform you before or at the time of collection.

Where appropriate, we will ask for your consent to process the personal data. Where you have given consent for processing activities, you have the right to withdraw your consent at any time.

In some cases, we rely on legitimate interest for processing your personal data. A legitimate interest could exist for example, when you sign up for a loyalty scheme with one of our brands and we use the personal data collected to conduct data analytics to improve our products or services. This ground will only be used where it is necessary to achieve a legitimate interest, for example to assist in the performance of a contract, or to optimise a service, and does not outweigh your rights as an individual. This legal basis will only be relied upon where there is no less intrusive way to process your personal data. We can assure you that if legitimate interest is used as a ground for processing your personal data, we will keep a record of this and you have the right to ask for this information.

We process your personal data to perform a contract to which you are or will be a party. For example, we need to process your personal data to deliver a product or a service you bought, to allow you to take part in one of our competitions, or to send you samples that you have requested.

We also process your personal data when we have a legal obligation (e.g., tax or social security obligations) to perform such processing. For example, a court order or a subpoena may require us to process personal data for a particular purpose, or we may be compelled to process personal data to report suspicious transactions under the local anti-money laundering rules.

Profiling

Unilever uses your personal data to build profiles. We create profiles by analysing the information about your online surfing, searching and buying behaviour and your interactions with our brand communications by building segments (creating groups that have certain common characteristics) and by placing your personal data in one or more segments. These segments are used by Unilever to personalise the website and our communications to you (such as showing relevant content to you when you visit our site or in a newsletter to you), and to display relevant offers and advertisements from the Unilever brands on the Unilever sites, and via third-party websites. The segments can also be used for third-party campaigns on the Unilever sites. Unilever profiles your data where you have provided consent for us to do so; for example, signing up for email newsletters from one of our brands.

You can withdraw your consent to prevent your personal data being used this way at any time by unsubscribing to the use of your email address if you have logged into one of our websites or signed up to any marketing newsletters.

By way of example – 

• Unilever collects data, with your consent, from: 
  • Our websites about what you view and the way you interact with our content;  
  • Our digital display advertising that we serve to you on social platforms and other publisher’s websites; and  
  • Forms you fill in online and send to us about what your interests are.
• We also track the products you buy when you click on one of our display adverts and go on to purchase something from a selection of our retail partners.
• If you have asked to receive emails or SMS communications from us, we track whether you open, read or click on the content to see what you are interested in so that we can give you more content that we think you are more likely to enjoy.
• We use this data to profile your likes and dislikes.  For instance, if we see that you are regularly viewing Vegan recipes on our “Recipedia” website, and you have opted in to receiving emails from us, we might give you an update on the new Vegan recipes that have just hit the site for your interest, or we may tailor our web content when you visit towards things we think you’ll be most interested in.
• Based on this profile information, we may also give you advertising that we think you will like and want to see as you view content from us or from our network of publishers that we advertise with.  Sometimes, with your consent, we may use your current location to serve advertising to you that is to do with promotions or events that are happening nearby that we think you might be interested in.
• We may also use information you have provided to selected third-parties and consented to be shared, like your age, gender, life stage, lifestyle and wider interests to identify people who we think will have similar interests to you and who we believe will be interested in similar advertising.

Automated decision-making

In some instances, Unilever processes your personal data using automated means. An automated decision is a decision which is made solely by automatic means, where no humans are involved in the decision-making process related to your personal data. For example:

• Unilever uses game simulations of science-based behavioural assessments and data science techniques to assess prospective employees. Candidates are required to play a set of games and the behavioural patterns exhibited during gameplay are assessed by a Unilever customised algorithm to predict the candidate’s potential for a specific role. This algorithm is regularly tested to ensure it remains fair, effective and unbiased.

We will not make decisions based solely on automated decision making that have significant impact on you. If we do so we notify you and provide you with clear information about our decision to rely on automated processing to make our decision and our lawful basis for doing so. For example, Unilever processes your personal data using automated means only if it is necessary for the entering into or the performance of a contract with you, or when you have given your explicit consent.

You have the right not to be subject to a decision which is based solely on automated processing and which produces legal or other significant effects on you. In particular, you have the right:

• to obtain human intervention; 
• to express your point of view;
• to obtain an explanation of the decision reached after an assessment; and
• to challenge such a decision.

• Who Will It Be Shared With?

As part of the Unilever Group, a global business, Unilever Australia Limited shares your personal data within the Unilever Group of companies and with selected third-parties in the following circumstances:

• Third-party service providers. In order to carry out your requests, respond to your inquiries, fulfil your orders, honour coupons, provide you with samples, enable you to participate in sweepstakes or make various other features, services and materials available to you through our websites we share your personal data with third-party service providers that perform functions on our behalf, such as companies that: host or operate Unilever’s websites, process payments, analyse data, provide customer service, postal or delivery services, and sponsors or other third-parties that participate in or administer our promotions. They have access to personal data needed to perform their functions but may not use it for other purposes. Further, they must process this personal data in accordance with this Privacy Notice and as permitted by applicable data protection laws and regulations.
• Other third-parties. Your personal data will also be used by us or shared with our sponsors, advertisers, advertising networks, advertising servers, social media networks, and analytics companies or other third-parties in connection with marketing, promotional, data enrichment (to find out more about our privacy key terms follow the link) and other offers, as well as product information. 
• Business transfers. Your personal data will be used by us or shared with the Unilever Group, primarily for business and operational purposes.  As Unilever Group continues to develop the business, it may sell or purchase assets, subsidiaries or business units.  In such transactions, your personal data generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, you consent otherwise). If another entity acquires us, our businesses or substantially all or part of our assets, or assets related to Unilever’s websites, your personal data will be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets.  Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such personal data will be considered an asset of ours and as such it is possible they will be sold or transferred to third-parties.
• Legal disclosure. We may transfer and disclose your personal data to third-parties:
  • To comply with a legal obligation;
  • When we believe in good faith that an applicable law requires it;
  • At the request of governmental authorities conducting an investigation;
  • To verify or enforce our “Terms of Use” or other applicable policies;
  • To detect and protect against fraud, or any technical or security vulnerabilities;
  • To respond to an emergency; or otherwise
  • To protect the rights, property, safety, or security of third-parties, visitors to Unilever’s websites, Unilever or the public.

International data transfers

Unilever shares personal data within the Unilever Group or with third-parties for purposes described in this Privacy Notice.  

Unilever will only send personal data collected within a restricted legal framework, such as e.g. the European Economic Area (EEA) or Asian Pacific Economic Cooperation (APEC), to countries which do not have data protection laws that are considered to provide appropriate levels of protection in the restricted legal framework in circumstances such as: 

• To follow your instructions; 
• To comply with a legal duty; or 
• To work with our agents and advisers who we use to help run our business and services. 

If we do transfer personal data to outside of the restricted legal framework, Unilever will make sure that it is protected in the same way as if it was being used in that restricted legal framework. We’ll use one of the following safeguards: 

• Transfer to another Country whose privacy legislation ensures an adequate level of protection of personal data similar or equivalent to the country it was collected in; 

Put in place a contract with the third-party that means they must protect personal data to the same standards as in the country the data was collected in.

• How Do We Protect Your Personal Data?

Unilever takes the security of your personal data very seriously. We take every effort to protect your personal data from misuse, interference, loss, unauthorised access, modification or disclosure. 

Our measures include implementing appropriate access controls, investing in the latest Information Security Capabilities to protect the IT environments we leverage, and ensuring we encrypt, pseudonymise and anonymise personal data wherever possible. 

Access to your personal data is only permitted among our employees and agents on a need-to-know basis and subject to strict contractual confidentiality obligations when processed by third-parties.

• How Long Do We Keep Your Personal Data For?

We will keep your personal data for as long as we need it for the purpose it is being processed for. For example, where you make a purchase online with us we will keep the data related to your purchase, so we can perform the specific contract you have entered and after that, we will keep the personal data for a period which enables us to handle or respond to any complaints, queries or concerns relating to the purchase.

Your data may also be retained so that we can continue to improve your experience with us and to ensure that you receive any loyalty rewards which are due to you.

We retain the identifiable data we collect directly for targeting purposes for as little time as possible, after which we employ measures to permanently delete it. 

We will actively review the personal data we hold and delete it securely, or in some cases anonymise it, when there is no longer a legal, business or consumer need for it to be retained. 

• What Are Your Rights?

Your rights in relation to your personal data how it is processed. You can exercise these rights at any point. We have provided an overview of these rights below together with what this entails for you. You can exercise your rights by sending an email to privacyofficer.anz@unilever.com or submitting a request through the “Contact Us” form on our websites.

Where we process your personal data, you have a number of rights over how the data is processed and can exercise these rights at any point. We have provided an overview of these rights below together with what this entails for you. You can exercise your rights by sending an email to privacyofficer.anz@unilever.com or submitting a request through the “Contact Us” form on our websites.

• The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights. Therefore, we’re providing you with the information in this Notice.  
• The right to access and rectification. You have the right to access, correct or update your personal data at any time. We understand the importance of this and should you want to exercise your rights, please contact us.
• The right to data portability. The personal data you have provided us with may be portable. This means it can be moved, copied or transmitted electronically under certain circumstances.
• The right to be forgotten. Under certain circumstances, you have right to request that we delete your data. If you wish to delete the personal data we hold about you, please let us know and we will take reasonable steps to respond to your request in accordance with legal requirements. If the personal data we collect is no longer needed for any purposes and we are not required by law to retain it, we will do what we can to delete, destroy or permanently de-identify it. 
• The right to restrict processing. Under certain circumstances, you have the right to restrict the processing of your personal data.
• The right to object. Under certain circumstances, you have the right to object to certain types of processing, including processing for direct marketing (i.e., receiving emails from us notifying you or being contacted with varying potential opportunities).
• The right to lodge a complaint with a Supervisory Authority. You have the right to lodge a complaint directly with any local Supervisory Authority about how we process your personal data.  
• The right to withdraw consent. If you have given your consent to anything we do with your personal data (i.e., we rely on consent as a legal basis for processing your personal data), you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). You can withdraw your consent to the processing of your personal data at any time by contacting us with the details provided below.
• Rights related to automated decision-making. You have the right not to be subject to a decision which is based solely on automated processing and which produces legal or other significant effects on you. In particular, you have the right:
  • to obtain human intervention; 
  • to express your point of view;
  • to obtain an explanation of the decision reached after an assessment; and
  • to challenge such a decision.

Further information and advice about your rights can be obtained from the data protection Regulator in your Country.

• How Do You Contact Unilever?

Unilever nominated the Chief Privacy Officer who can be contacted at Unilever N.V., Weena 455, PO Box 760 3000 DK Rotterdam The Netherlands or by email.

If you have any questions or concerns about Unilever’s Privacy Notice or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please do so by sending an email to privacyofficer.anz@unilever.com or submitting a request through the “Contact Us” form on our websites.

When a privacy question or access request is received, we have a dedicated team which triages the contacts and seeks to address the specific concern or query which you are seeking to raise. Where your issue may be more substantive in nature, more information may be sought from you. All such substantive contacts receive a response. If you are unsatisfied with the reply received, you may refer your complaint to the relevant Supervisory Authority in your Country. If you ask us, we will endeavour to provide you with information about relevant complaint avenues which may be applicable to your circumstances.

• How Do We Keep This Notice Up To Date?

We will update this Privacy Notice when necessary to reflect customer feedback and changes in our products and services. When we post changes to this statement, we will revise the “last updated” date at the top of this Notice. If the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Notice changes). We will also keep prior versions of this Privacy Notice in an archive for your review.

We will not reduce your rights under this Privacy Notice without your consent.

Spin To Win Terms & Conditions:

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. Instant Win:
   1. Entrants will be notified immediately which prize they have won on screen upon entry form submission.
   1. Quality control errors will not invalidate an otherwise valid prize claim.
   1. Unless otherwise due to fraud or ineligibility under these Conditions of Entry, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are valued at more than $100 will be awarded in the unclaimed prize draw.
   1. Prizes will be allocated by chance.
   1. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
6. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
7. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
8. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
9. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.
10. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
11. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
12. Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.unilevernotices.com/australia/english/privacy-notice/notice.html. The Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
13. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
14. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Consumer Guarantees Act 1993 (NZ) and/or Fair Trading Act 1986 (NZ) and the Competition and Consumer Act 2010 (Cth).
15. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
16. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
17. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
18. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
19. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
20. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
21. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
22. Authorised under: NSW Authority No. TP/01569.

Prize Conditions:

Prize 1-5 Conditions: Entrants can claim their prize via the unique code in the ‘offers’ section of their Inside Scoop account. Instant Win Prizes 1-5 can be redeemed at a participating Ben & Jerry’s outlet in Australia or New Zealand.  Prizes must be redeemed by 31/12/22.   Prize 6 Conditions: The prize will be awarded in a form of 78,000 ‘Brownie Points’ which will be automatically applied to the winner’s Inside Scoop wallet. The 78,000 ‘Brownie Points’ is redeemable for a total of 52 x Ben & Jerry’s Ice Cream pints which is equivalent to 1 Ben & Jerry’s Ice Cream pint per week for a year.All ‘Brownie Points’ must be redeemed by 24/11/23. The winner may use the ‘Brownie Points’ to redeem any number of pints they wish to on any day. In the event the points are fully redeemed before 24/11/23, the Promoter is not responsible to add more Brownie Points to complete the year.

Unclaimed Prizes:

A second chance draw will be held for unclaimed instant win prizes that are valued at more than $100. The draw will be held at Unilever Australia, 219 North Rocks Road, 2151, NSW on 25/11/22 at 02:30 pm. The winners will be contacted via email within seven (7) days of the re-draw.