Terms of Use "AI Love you"
General
The company "MONDELEZ Europe Services GmbH-Greece Branch," which provides marketing services for "Lacta" products (hereinafter referred to as the "Company"), has created the "AI Love you" application (hereinafter referred to as the "Application"), which allows consumers to exchange text and/or audio messages through a chocolate bar. The App for composing a message is compatible with mobile (IOS, Android) and PC, and the message can only be read through the use of mobile by any of the Lacta packages listed in Annex I.
The use of the App requires the unconditional and full acceptance of the present terms and conditions and involves the consequent waiver of any related claims against the companies. In case the user does not agree with the terms of using the Application, should not proceed with the use of the Application.
The Company can modify these Terms of Use at any time without prior notice, but is committed to update this document with any modification or addition. Users must be informed of any changes to these Terms of Use and, if they continue to use the website, they are presumed to have accepted the amendments.
The Company reserves the right to discontinue the provision of this Application at any time and without any obligation to inform users in advance.
A few words about the Application:
The Application is compatible with mobile devices and computer and it only requires:
a) an Internet connection and b) the purchase of chocolate to read the message. Alternatively, users can purchase one (1) chocolate from the Mondelez offices, at 12th km of National Road Athens - Lamia in Metamorfosi.
It is a messaging application in a web environment. The compilation of the messages is based on the use of the artificial intelligence tool Chat GPT-3 and https://openai.com
Specifically:
Users who will visit the promotion site: https://www.ailoveyou.gr will be requested to send a message to their loved persons.
Users will indicate to whom and why they want to express their love. For the convenience of writing the message, users will be asked to declare their age.
The tool will automatically create a message which the user can,
- editing various points if needed
- request that a new message be composed
- Change the style by choosing more or less emotion.
- Pronounce it so that the message sent is accompanied by the corresponding sound
After the writing and/or recording the message, the system creates a unique URL which the user can share through e-mail or SMS .
The user can share the message by e-mail or save it as an image and share it with the recipient of the message in any other way he/she wishes.
In order to read the message, the recipient should own a Lacta chocolate bar which are described in Annex I and a mobile device. Personal data of the recipient will not be communicated to the Company.
The message can be read as many times as he/she wishes.
Permitted Use
By using the Application, the User accepts the Terms of Use and is obliged to indemnify the Company against any third party claims arising from a breach of the Terms of Use. In general, use this Application responsibly and by exercising discretion. Use of the Application is permitted only for lawful purposes and under no circumstances to cause harm to other persons. In particular, it is prohibited:
- Using this Application in violation of laws and regulations governing the Company's business activities, including but not limited to, but not limited to, unfair competition laws in general and misleading advertising in particular, consumer protection laws, direct mail advertising in general and spamming in particular, and privacy laws.
- Use of the App in a manner that infringes any intellectual property rights, related rights, patents, product or service marks, trade names, trade secrets or other intellectual property rights or the privacy of third parties, right of privacy
- Posting or transmitting/transmitting illegal, threatening, defamatory, libelous, abusive, obscene, indecent, provocative, pornographic or obscene messages, or any other material that may constitute or encourage conduct that would constitute a criminal offence, or that may give rise to other claims or otherwise violate the law.
- The company has every right to block IP in case it is considered malicious use of the effect
- The company has the right to remove URLs with abusive or offensive message if requested by a user.
- The company for the proper functioning of the application stores IP of the user who composes the message, age, URL, message and audio file if available.
Trademarks/Copyright/Intellectual Property
The trademarks, logos, characters and service marks (collectively "Intellectual Property Rights") displayed on this Application are owned by or used by the Company under license. Unauthorized sale, reproduction, republication, re-publication, uploading, downloading, distribution, posting, display, transfer, creation of derivative works of this Application or the Intellectual Property Rights, including reverse engineering or attempted disclosure of the source code of the Application, is prohibited. You are permitted to use the Application only for the specific, designated use, provided that you retain all copyright and trademark notices and any other proprietary notices contained in such material and that you agree to comply with any additional copyright notices, information or restrictions contained in any such material to which you have access. Your use of the Intellectual Property Rights and the Application is governed by these Terms of Use and the Company's Terms of Use for Websites and Applications, as well as the Company's Privacy Statement for Websites and Applications. The Company will defend to the fullest extent permitted by law its Intellectual Property Rights, including through criminal prosecution.
Warranty and Liability
This Application and its contents are provided "as is" without warranty of any kind, express or implied, including but not limited to any warranty of title, merchantability or fitness for any particular purpose. By using this Application, the user acknowledges that it is done solely at the user's own risk and assumes full responsibility for any costs associated with the maintenance or repair of any equipment used in connection with the Application and that the Company shall have no liability for any damages associated with the use of this Application. By installing this Application on his/her device, the user assumes all liability from the use or misuse of this Application.
To the fullest extent permitted by law, the Company shall have no liability whatsoever for the use of the Application under any circumstances. The Company makes no warranty of any kind regarding access to, operation of, and possible options of the Application, nor that the services provided will be uninterrupted and error-free, that any defects will be corrected, that the Application and the services provided will meet predetermined specifications or performance or quality criteria, or that the Application is free of viruses or other harmful elements.
Links to other Applications, Websites or Servers
The Application may provide links to other websites or applications that are not operated by the Company or any of its affiliates. Such links do not imply that the Company or any of its affiliates endorse, approve, or sponsor the linked websites, applications, or the information, products or services contained therein, nor does the Company accept any liability for any damage caused to you by the use of such information, products or services.
In the event that the Application is available or accessible through other platforms or providers that are not managed and/or controlled by the Company, the user must accept the Terms of Use of such providers and comply with them.
Posts
The Company is under no obligation to monitor and control the messages exchanged and assumes no responsibility for their content or for any error, defamation, libel, slander, omission, falsehood, misinformation, pornography, obscenity, obscenity, expression of empathy, danger, illegality or inaccuracy that may be contained in any such information exchanged by and to any user through the Application. The Company will respect any legal process and any court order requiring it to disclose the identity of anyone who uploads information or material in violation of these Terms. The Company may also disclose such information if deemed necessary to protect the rights, property or personal safety of the Company's customers or the public.
If, nevertheless, the recipient of a message believes that the message received offends him or her, he or she has the right to send the relevant link by message to Lacta's Facebook page (https://www.facebook.com/Lacta) and request that it be removed.
Contact
For any clarification related to the Application, users may contact the Company through the Company's Facebook page (https://www.facebook.com/Lacta).
Personal data
In the context of the implementation of the promotional action https://www.ailoveyou.gr MONDELEZ (as Data Controller) and its advertising company "BOLD OGILVY S.A. E" based in Gerakas (10, Imathias Street) (as the Processor) will keep a record of the users' personal data (i.e. IP address, message, age and url containing the text and/or audio message) which will be processed exclusively for the purpose of carrying out the action and sending the messages to the recipients. The processing of users' personal data is based on the legitimate interest of the Promoter as Data Controller for the performance of the action as described above, as well as for the purposes of compliance with MONDELEZ's legal obligations.
MONDELEZ and the Partner (BOLD OGILVY) keep the records of the personal data of the users of the Application as they are strictly necessary and appropriate for the aforementioned purposes. Such data shall be kept for a maximum period of one (1) year from the end of the action. At the end of the aforementioned period, any personal data of users collected in the context of the Contest shall be securely destroyed, unless their retention is justified or required by the legislation in force at the time.
Access to the aforementioned personal data of users is only available to duly authorised employees of MONDELEZ and the Partner.
The provision of the aforementioned personal data of the users and their processing is a necessary condition for the use of the Application. Therefore, if users do not wish to have their personal data processed as described above, they must not use the Application.
With regard to personal data and the rights granted under the applicable legislation, users have the right to request access to their personal data by obtaining a copy, to be informed, as well as to request the rectification of their personal data or, in certain cases, to oppose the processing or request the deletion of their personal data. The right to restriction of processing of personal data and the right to portability of personal data are also granted under certain conditions.
To exercise the above rights, users of the Application may contact MONDELEZ at the following e-mail address: MDLZDataProtectionOfficeMEU@mdlz.com. In any case, users have the right to submit relevant complaints regarding the processing of their personal data to the competent Data Protection Authority. (www.dpa.gr)
More information on how MONDELEZ processes personal data can be found at https://eu.mondelezinternational.com/privacy-notice?sc_lang=el-gr&siteId=cjCkWdy0Mn8Cr5icsFFHcQ==.
ANNEX I
Chocolates compatible with the application:
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Lacta Sandwich Cracker
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Lacta Sandwich Oreo
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Lacta Sandwich Biscotto
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Lacta Caramel Peanut
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Lacta Almond
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Lacta Oreo White
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Lacta Oreo Strawberry
-
Lacta Oreo
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Lacta Oreo Brownie
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Lacta 85gr
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Lacta 60gr
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Lacta 30gr
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Lacta Strawberry & Cream
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Lacta Lila Pause
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Lacta Banoffee
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Lacta Triple Chocolate
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Lacta Triple Caramel
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Lacta Say It I Love you
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Lacta Say It For you
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Lacta Say It Happy Birthday
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Lacta Hazelnut
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Lacta Double Caramel
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Lacta Big Time Oreo
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Lacta Big Time Strawberry Cheesecake
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Lacta Big Time Caramel Peanut
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Lacta White