Terms and Conditions
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Introduction and General Conditions
PepsiCo, as well as its collaborators, is committed to the secure and adequate management of the personal data that will be provided by each of the users to comply with the regulations in force on the matter. For this reason, we detail below the terms and conditions that will govern the communications, interactions, transactions, or any other type of management carried out between the user and PepsiCo. (Please review our Local Entity List for the name of the responsible PepsiCo entity by country and contact information.)
For the sake of readability, the generic masculine is used in the following. Female and other gender identities are expressly included insofar as it is necessary for the statement.
The Privacy Policy, Protection and Processing of Personal Data and Cookies is intended to comply with current regulations on the matter and is independent of other privacy policies that the company or its business partners determine for the development of PepsiCo's business activities (hereinafter, the "Policy").
These Terms and Conditions describe how PepsiCo, on its own behalf and on behalf of all of its European affiliates or subsidiaries that are food and beverage operating entities, operates this platform and treats the personal data they collect from users and consumers who participate in their promotions, campaigns, in-person and online events, and/or browse the websites, PepsiCo apps and social media, regardless of product or brand.
PepsiCo wants to maintain a relationship of trust and transparency with all its consumers and users of its services and products. Ensuring the privacy and security of your personal data is a top priority for PepsiCo. Any information you provide to us will be treated within the limits set forth herein. More information about our Privacy and Cookie Policies can be found at www.pepsicoprivacypolicy.com/en.
These Terms and Conditions [and the Privacy and Cookie Policy applicable to such activity], which you [declare to have carefully read and reviewed and/or expressly agree to], relates to our use of any personal information we collect from you through the following means or services:
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A PepsiCo website/app that links to these Terms and Conditions.
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Official PepsiCo media, messaging services, or official content, including, but not limited to activities, promotions, or platforms related to PepsiCo or other PepsiCo websites or apps.
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Mobile Device Applications.
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Our Consumer Helpline.
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An official PepsiCo email address or SMS number.
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Our mailing address for consumer service.
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Offline, through or at PepsiCo events of any kind and/or points of sale.
In this regard, you agree that PepsiCo is authorized to ask you to [read and/or expressly accept and/or accept] these Terms and Conditions through any of the above channels. If you do not agree with the data processing conditions detailed herein, please refrain from using any of the services detailed above, provided that, in this case, none of the purposes described in the following sections are met. In the event that you use the aforementioned services, it will be understood as a tacit acceptance of the provisions set forth in these Terms and Conditions.
For the purposes described in these Terms and Conditions, we collect certain specific information about you. The Terms and Conditions explain the following:
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Introduction and General Conditions
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Who are we?
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What is JOY / JOY by PepsiCo?
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Platform Registration & Login
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Service provided by PepsiCo
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Copyright of user-generated content
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Responsibility of platform users
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Termination of Use
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Restriction of liability
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Indemnification
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Liability for content
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Copyright of platform assets
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Disclaimer of external links and content
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Legal consequences in the event of breach
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Extended Privacy Policy
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Changes to PepsiCo's Terms and Conditions
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PepsiCo Entities in Each Location
We use all personal information that you provide to us or that we collect from you in accordance with all applicable laws, including those relating to the protection of personal data.
PepsiCo's websites may contain hyperlinks to websites owned and operated by third parties. These third-party websites have their own privacy policies and are also likely to use Cookies. We encourage you to review the policies that will govern the use of the personal information you submit when visiting those websites and which may also be collected by Cookies. PepsiCo has no control over the content of such websites, and, to the maximum extent permitted by applicable laws, we accept no responsibility for such third-party websites and your use of such websites is at your own risk.
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Who are we?
PepsiCo products are enjoyed by consumers one billion times a day in more than 200 countries and territories around the world. PepsiCo's product portfolio includes a wide range of enjoyable foods and beverages, including Pepsi, 7Up, Rockstar Energy Drink, Walkers and Doritos, among others. To learn more about PepsiCo and PepsiCo, Inc., visit www.pepsico.com.
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What is JOY / JOY by PepsiCo?
The JOY or JOY by PepsiCo platform (hereinafter “JOY”) is a website, owned and managed by PepsiCo. It consolidates different promotional activities of PepsiCo brands in a specific market (see Section 17. about markets) on a centralized platform.
By creating an account on the platform via the registration form or social accounts on Google or Meta, users will have the opportunity to participate in our promotions. Please read the promotional terms and conditions for full details and entry requirements. Users will also be able to sign up for additional marketing information.
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Platform Registration & Login
When creating an account on JOY, the user registers for an offer from PepsiCo. This platform is aimed exclusively at adult users with permanent residence in the mentioned locations in Section 17 The use of a VPN to bypass the geo-blocking of this platform is prohibited. The user undertakes to delete their profile if his/her permanent residence is no longer in one of the mentioned locations in Section 17.
PepsiCo is entitled to verify the personal details provided, in particular the age, on the basis of suitable official documents. The user assures that he/she provides true and complete data when registering and will immediately communicate any changes to his/her user data via the appropriate input options.
In order to gain access to JOY, users must create an account by providing their full name and email address. The operators of the platform reserve the right to exclude users from actions in JOY if users attempt to create multiple user accounts. The e-mail address provided by the user is assigned once and can only be used by one user. The services of JOY may only be used for private purposes.
Alternatively, the platforms offers the user to create an account by using their social login from Facebook (Meta Platforms Ireland Ltd., 4 Grand Canal Square Grand Canal Harbour, Dublin 2, Ireland) or Google (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland). For information on the purpose and scope of data collection and the further processing and use of the data by these social services, as well as your rights in this regard and setting options for protecting your privacy, please refer to the privacy policy of Facebook (www.facebook.com/about/privacy) or Google (https://policies.google.com/privacy, opt-out: https://adssettings.google.com/authenticated).
All offers and services are made on the basis of these Terms and Conditions.
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Service provided by PepsiCo
In our platform, users with a registered profile can participate in competitions and promotions within JOY, as well as find out about news from the PepsiCo brands.
PepsiCo cannot completely rule out disruptions in the accessibility of this platform and its content. PepsiCo therefore does not guarantee the uninterrupted availability of the platform.
PepsiCo reserves the right to discontinue the operation of this platform at any time and subsequently to delete all stored user data and posted content.
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Copyright of user-generated content
The user authorizes PepsiCo to use any content he may have posted for the provision of the services available in JOY and grants PepsiCo the necessary rights to the Content free of charge. This right of use includes the right to make the content publicly accessible via this platform, to reproduce, distribute and transfer it to third parties. Furthermore, PepsiCo has the right to edit, shorten and share the content posted by the user.
The user agrees that PepsiCo may advertise and/or carry out other promotional measures in the vicinity of the publicly available content. Furthermore, the user agrees that the content posted by him may be used for advertising purposes by PepsiCo.
Any use of the content beyond that defined in these Terms of Use may only be made in consultation with the user.
The user warrants to PepsiCo that he is the owner of all necessary rights to the posted content, that he will not violate any rights of third parties of any kind, in particular the personal rights of the persons depicted, as well as no legal provisions or the provisions set out in these Terms of Use.
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Responsibility of platform users
The responsibility for all content submitted by the user at JOY, such as all information, data, text, software, music, sounds, photographs, graphics, videos, messages or other materials, lies exclusively and without limitation with the user from whom such content originates.
In the course of using these services, the user may not store, publish and/or transmit any data, text, images, files, links, software or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexist, hateful, fascist, racist or otherwise objectionable to minors in the sole opinion ofPepsiCo. .
Furthermore, the user may not store, publish and/or transmit any content that infringes the rights of third parties, in particular patents, trademarks, trademarks, copyrights or ancillary copyrights, trade secrets, personal rights or property rights.
Due to the existing legal restrictions, the user is prohibited from sharing content outside of JOY.
The user may not use the platform for advertising purposes, this applies in particular to commercial or political advertising.
PepsiCo reserves the right to reject, block, delete, shorten, edit or, if applicable, republish any content or references to content accessible through JOY with immediate effect, without giving reasons. This is especially true if the user has violated the Terms of Use.
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Termination of Use
The user can delete their account at any time without giving reasons and without observing deadlines.
Once the account has been deleted, the user's profile, including their personal data, will be deleted at JOY. The content that the user has posted on the platform before deleting the account (e.g. via participation in competitions by means of photo upload) can continue to be available even after termination. However, the user's name will no longer be displayed.
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Restriction of liability
PepsiCo shall not be liable for any damage caused to the user by the conduct of other users or other third parties in their use of the platform.
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Indemnification
Upon first request, the user shall indemnify PepsiCo, its affiliates and the representatives, employees, shareholders and vicarious agents of PepsiCo or PepsiCo affiliates against all claims asserted by third parties against PepsiCo alleging that the content posted by the user on JOY violates their rights or violates legal provisions. The indemnification obligation also applies to the reasonable costs of legal defense, including attorney's fees and court costs.
In the event that claims are asserted against PepsiCo by third parties due to the alleged illegality of content stored by the user in JOY, PepsiCo is entitled to provide the third party with information about the personal data provided by the user.
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Liability for content
PepsiCo assumes no responsibility or liability for third-party content within this platform. If PepsiCo becomes aware of a specific infringement, it will immediately remove the relevant content.
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Copyright of platform assets
Text, images and graphics as well as their arrangement in this platform are protected by copyright and other protective laws. The content of this platform may not be copied, distributed, published, modified or made available to third parties without PepsiCo's consent.
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Disclaimer for external links and content
PepsiCo refers to links to other sites on the Internet on its pages. The following applies to all links: PepsiCo expressly declares that it has no influence whatsoever on the design and content of the linked pages. Therefore, PepsiCo expressly dissociates itself from all content of all linked third-party sites in JOY and does not adopt this content as its own. This declaration applies to all links displayed and to all contents of the pages to which links lead.
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Legal consequences in the event of a breach
In the event of a violation of any provision of these Terms of Use, PepsiCo shall be entitled to exclude the user from further use of JOY with immediate effect and to delete all data stored by the user without prior notice. PepsiCo's statutory civil and criminal claims remain unaffected, in particular PepsiCo reserves the right to assert claims for damages and to file criminal charges.
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Extended Privacy Policy
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What information will PepsiCo collect about me?
When you participate in, access, or register for any of PepsiCo's services or activities related to our content, including those collected online, such as: newsletters, promotions, live chats, social media interactions, message boards, web, and mobile notifications, or voting or messaging apps, we may collect personal information about you. This may include your name, email address, physical address, phone number, mobile phone number or mobile identification number, gender, date of birth, as well as information collected about your use of PepsiCo's services, such as what you read, viewed, or did on our websites or apps.
We may also (to the extent permitted by applicable law) collect behavioral information, directly or produced by other data, such as consumer profile, social media usage pattern, behavioral habits, and other information to help us contact you or provide you with personalized and targeted marketing content. In case we infer a behavioral information, we may use for that: city, zip code, neighborhood, state, country, and/or date of birth.
It is very important that the information you provide to us is not sensitive under applicable law, such as: information about your racial or ethnic origin, ideology, political, religious, or philosophical beliefs or beliefs, your political party or trade union membership, your physical and mental health status, biometric or genetic configuration data, information about your sexual orientation or life, criminal record, etc. If we identify this type of information within our databases, it will be deleted.
Some of our services allow you to log in through a third-party service, such as Facebook, Twitter, and Instagram. If you choose to log in through a third-party service, you will be presented with a dialog box asking for permission to allow PepsiCo to access your personal information (e.g., your full name, date of birth, email address, and any other information you have made publicly available on the third-party site or application); except for information that is considered sensitive, in accordance with applicable law.
PepsiCo also collects information about how you use PepsiCo's mobile applications, PepsiCo's websites, or other PepsiCo content online, and the devices you use to access the services, as well as unique online identifiers, such as IP addresses, which are numbers that can uniquely identify a specific computer or other network device on the Internet. For more information, please take a look at Section 5 at www.pepsicoprivacypolicy.com/en.
Your personal information may be stored in a "Customer" database, which is owned by and/or may be accessed by PepsiCo or any of its affiliates, controlling entities or subsidiaries Europe, which are food and/or beverage operating entities.
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How will PepsiCo use the information it collects about me?
PepsiCo will use your personal information for the following purposes:
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To provide, optimize, and improve our online services, products, activities, or content, or to communicate information about them (e.g., related to upcoming promotions or new product launches, events, or commercial information about our brands) or to respond to your requests and inquiries; this includes your participation in any of our promotional activities related to any of our products or brands.
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Service Administration, which means that PepsiCo may contact you for reasons related to the service, activity, or online content for which you have registered (e.g., notifying you about the administration of a promotion in which you have participated, or notifying you that a particular online service, activity, or content has been suspended for maintenance or updating of our Terms and Conditions, either by own means or through third parties in accordance with Section 5 at www.pepsicoprivacypolicy.com/en)
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Personalize the content you see on our sites and apps, and the advertising you see on our sites, apps, or other sites and services.
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Work with third parties to show you relevant advertising on that third-party site (See Section 5 at www.pepsicoprivacypolicy.com/enfor more information about third parties).
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Contact you about any submissions you have made.
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Use IP addresses and device identifiers to identify users' location (to the extent permitted by local law), block disruptive use, set the number of visits from different countries, tailor the content of our sites, apps, or other services based on browsing behaviors, and determine which country you are accessing the services from; and/or
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Analyze (media analysis, for example) and for the purpose of research, so that we can improve the services and products offered by PepsiCo.
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What if I am a user under the age of 18 or legally considered a minor in my country of residence?
If you are considered a minor in your country of residence, you must ask your parent/legal guardian to consent to this Privacy and Cookie Policy before providing any personal information to PepsiCo. In any case, when PepsiCo conducts specific promotional activities published on our websites in which it is expressly indicated that minors may participate, PepsiCo will require, in addition to the consent of the parents/legal guardians to this Privacy and Cookie Policy, written evidence of the consent given by them for the participation of the minor in such activity.
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When will PepsiCo contact me?
PepsiCo may contact you:
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In connection with any correspondence, we receive from you or any comments, complaints, or suggestions you make about PepsiCo's products or services
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In connection with any activity described in Section 4, 5 and 15 b of these Terms and Conditions.
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In connection with any contributions or questions you have submitted to PepsiCo, for example, on PepsiCo's social media sites, via text, voice message, or other messaging services.
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To update you on any material changes to PepsiCo's policies and practices [or to seek your consent before these changes are made], where applicable.
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For marketing purposes, as set forth in Section 15 b. The website you are visiting will allow you to consent to be contacted by PepsiCo regarding specific online services, activities, or content.
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Will I be contacted for marketing purposes?
Subject to this Privacy and Cookie Policy, PepsiCo may send you marketing emails, notifications, or contact you for marketing purposes. This will only be possible if you have consented to receive these marketing communications. In these circumstances, you may withdraw your consent to receive marketing communications at any time: (i) by clicking or selecting the "unsubscribe" option in our marketing communication, (ii) through the relevant "Preference Center", or (iii) by contacting us via the email address set out in Schedule 1.
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Will PepsiCo share my personal information with anyone else?
PepsiCo may transfer or disclose your personal information to other PepsiCo entities to fulfill the purposes set forth above. Such transfer shall be for the purposes set forth in Section 4,5 and 15 b. In addition, PepsiCo may also share personal information with other third parties, such as:
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Government agencies.
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Engaging third parties that provide services to PepsiCo, such as web hosting providers, payment providers, communication strategy designers or providers, communication and/or marketing agencies, customer relationship management providers, marketing partners, media and compliance partners, website analytics providers, agencies or logistics providers, and our business partners, Franchise bottling partners, affiliates or subsidiaries.
When we share your personal information with these third parties, we will make every effort to ensure that they use your data in accordance with applicable law, and we do not authorize them to use or disclose your personal data except as necessary to provide the services or to comply with applicable legal obligations.
PepsiCo may also disclose your personal information to third parties:
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When you are required to do so by law.
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For the purposes of, or in connection with, any legal proceeding, or otherwise for the purpose of establishing, exercising or defending your legal rights.
When we believe disclosure is necessary to prevent financial harm or loss, or in connection with an investigation of suspected or actual criminal activity; or
If we sell or transfer all or a portion of our business or assets (including through a merger, reorganization, spin-off, dissolution, or liquidation).
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International Transfer of Personal Data
Due to the global nature of our operations, we may transfer your personal information, for the purposes already stated, to the U.S. and other countries.
The custodian and responsible for the processing of personal data will be PepsiCo, whose database will be located at [LOCATION]. By agreeing to these Terms and Conditions, you consent to the cross-border transmission of personal data collected by PepsiCo. When PepsiCo transfers personal information outside of your country of residence, PepsiCo seeks to transfer such personal information to a country that is deemed to have adequate or exceeding data protection laws, or a receiving party that establishes certain data protection standards in relation to the category of personal information that it is being transferred. Here we have implemented an appropriate data transfer mechanism, such as standard contractual provisions, to ensure that your personal information is adequately protected.
If none of these criteria are met, PepsiCo may still transfer personal information outside of your country of residence without your consent, only if the transfer is legally required. Access to your personal information will be limited to individuals who need to know the information for the purposes described in these Terms and Conditions.
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How long will PepsiCo keep my personal information?
We will keep your personal information in our systems for as long as necessary for the relevant purpose of collection and provided that the information has not become obsolete or you have not revoked your consent, unless a different retention period is required or permitted by the law of your country of residence, and until you exercise any rights to the contrary or superior (i.e. right to be forgotten, right to be deleted or removed from our databases, if you revoke your authorization, etc.). In specific circumstances, and subject to applicable laws, your request may not be honored. In these cases, we will explain the reasons that justified the non-attendance.
If you subscribe to our email newsletters/marketing communications, we will retain your personal information until you request that your information be deleted, or failing that, for as long as applicable laws allow. For more information on how to delete your personal information held by PepsiCo, please see www.pepsicoprivacypolicy.com/en.
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Complaints and exercising my privacy rights
In accordance with the regulations applicable to your country of residence, you may have some of the following rights as a data subject:
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The right to request access to, rectify or update your personal information.
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The right to be informed, at your request, about the use of your personal information.
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The right to lodge a complaint regarding the use or processing of your personal information with the relevant data protection authority.
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The right to revoke or withdraw your consent to the processing of your personal information.
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The right to request erasure of your personal information.
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The right to object to the processing, transfer, or disclosure of your personal information; or
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Right to request the suspension of commercial communications or promotions through electronic means
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Right to exclusion of information or data that the owner considers sensitive or whose disclosure may result in damage to their intimacy, honor, or privacy.
You may be granted additional rights in accordance with the applicable data protection rules in your country of residence.
If you have any questions or comments about these Terms and Conditions, please contact us using the contact information described at www.pepsicoprivacypolicy.com/en. You may exercise your privacy rights through such means, but please note that in order to do so, additional information from you may be required to identify your personal information in our database(s).
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How does PepsiCo protect my personal information?
We have internal rules and procedures that determine how your personal information should be handled. These rules and procedures are intended to ensure the proper and lawful processing of the personal information we hold, including yours.
In addition to these organizational and governance measures, we have adopted several others of a technical nature that ensure even greater security for your personal information, such as:
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Strict control of personal data processing, including access limitation and password-protected access.
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The existence of an information security program.
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Segregation of access to personal information.
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Guidelines for password protection.
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Access to services exclusively over secure networks.
These security measures are designed to protect against the accidental or unlawful destruction, loss, misuse, alteration, and unauthorized disclosure of, or access to, information under our control.
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Changes to PepsiCo's Terms and Conditions
These Terms and Conditions may be updated from time to time, so you should check it each time you access or submit personal information to PepsiCo. If you do not agree to the most recent version of these Terms and Conditions, please refrain from providing any personal information to PepsiCo or continue to use our websites. The date of the most recent revisions will appear at the bottom of this page. However, following a material change to this Policy, and where required by law, we will notify you [and seek your consent] of the new processing terms.
Effective Date: February 28, 2024
Last Modified: No recent modifications.
In order to contact us, please look for your local contact at www.pepsicoprivacypolicy.com/en.
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PepsiCo Entities in Each Location
PepsiCo is represented by the following entities, responsible for this platform:
Poland:
United Kingdom: