Effective: 1st March 2019
SCOPE OF THIS NOTICE
Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your Personal Data and how we will treat it. This Notice applies to individuals who interact with Nestlé services as consumers (“you”). This Notice explains how your Personal Data are collected, used, and disclosed by Nestlé Hong Kong Limited (“Nestlé”, “We”, “Us”). It also tells you how you can access and update your Personal Data and make certain choices about how your Personal Data are used.
This Notice covers both our online and offline data collection activities, including Personal Data that We collect through our various channels such as websites, apps, third party social networks, Consumer Engagement Service, points of sale and events. Please note that We might aggregate personal data from different sources (website, offline event). As part of this, We combine Personal Data that were originally collected by different Nestlé entities or Nestlé partners. Please see Section 9 for further information on how to object to this.
If you do not provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), We may not be able to provide you with our goods and/or services. This Notice can change from time to time (see Section 11).
This Notice provides important information in the following areas:
1. SOURCES OF PERSONAL DATA
2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
3. PERSONAL DATA OF CHILDREN
4. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
5. USES MADE OF YOUR PERSONAL DATA
6. DISCLOSURE OF YOUR PERSONAL DATA
7. RETENTION OF YOUR PERSONAL DATA
8. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
9. YOUR RIGHTS
10. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
11. CHANGES TO OUR NOTICE
12. DATA CONTROLLERS & CONTACT
1. SOURCES OF PERSONAL DATA
This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:
Nestlé websites. Consumer-directed websites operated by or for Nestlé, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Weibo, WeChat (“Websites”).
Nestlé mobile sites/apps. Consumer-directed mobile sites or applications operated by or for Nestlé, such as smartphone apps.
E-mail, text and other electronic messages. Interactions with electronic communications between you and Nestlé.
Nestlé CES. Communications with our Consumer Engagement Centre (“CES”).
Offline registration forms. Printed or digital registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
Advertising interactions. Interactions with our advertisements (e.g., if you interact with on one of our ads on a third party website, we may receive information about that interaction).
Data We create. In the course of our interactions with you, we may create Personal Data about you (e.g. records of your purchases from our websites).
Data from other sources. Third party social networks (e.g. such as Weibo, WeChat. Facebook, Google, WhatsApp), market research (if feedback not provided on an anonymous basis), third party data aggregators, Nestlé promotional partners, public sources and data received when we acquire other companies.
2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
Depending on how you interact with Nestlé (online, offline, over the phone, etc.), We collect various types of information from you, as described below. We will take reasonable and feasible measures to avoid collecting irrelevant Personal Data.
Personal contact information. This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number
Account login information. Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
Demographic information & interests. Any information that describes your demographic or behavioural characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. postcode/zip code), favourite products, hobbies and interests, and household or lifestyle information.
Information from computer/mobile device. Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a Nestlé website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.
Websites/communication usage information. As you navigate through and interact with our Websites or newsletters, We use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies and web beacons, and is also collected through the use of third party tracking for analytics and advertising purposes. You have the right to object to the use of such technologies, for further details please see Section 4.
Market research & consumer feedback. Any information that you voluntarily share with Us about your experience of using our products and services.
Consumer-generated content. Any content that you create and then share with Us on third party social networks or by uploading it to one of our Websites or apps, including the use of third party social network apps such as Weibo, WeChat. Examples include photos, videos, personal stories, or other similar media or content. Where permitted by applicable law, We collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
Third party social network information. Any information that you share publicly on a third party social network or information that is part of your profile on a third party social network (such as Weibo, WeChat) and that you allow the third party social network to share with Us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share. We receive your third party social network profile information (or parts of it) every time you download or interact with a Nestlé web application on a third party social network such as Weibo, WeChat, every time you use a social networking feature that is integrated within a Nestlé site or every time you interact with Us through a third party social network. To learn more about how your information from a third party social network is obtained by Nestlé, or to opt-out of sharing such social network information, please visit the website of the relevant third party social network.
Payment and Financial information. Any information that We need in order to fulfil an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, We or our payment processing provider(s) handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS.
Calls to Consumer Engagement Services. Communications with a CES can be recorded or listened into, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes). Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call.
Sensitive Personal Data. We process certain sensitive personal data that you provide to us for personalisation and other marketing purposes with your prior express consent. If we process your sensitive personal data for other purposes, we rely on the following legal bases: (i) detection and prevention of crime (including the prevention of fraud); and (ii) compliance with applicable law.
3. PERSONAL DATA OF CHILDRENWe do not knowingly solicit or collect personal data from children below the age of 18. If we discover that we have unintentionally collected personal data from a child below 18, we will remove that child’s personal data from our records promptly. However, Nestlé may collect personal data about children below the age of 16 from the parent or guardian directly, and with that person’s explicit consent.
4. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
4.1 What are Cookies?Cookies are text files that are placed on your computer by websites that you visit. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. They are used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website.
In addition to cookies, we will also use other similar technologies such as website beacons and pixel labels on our websites. For example, the e-mail we send you may contain an address link that links to the content of our website. If you click on this link, we will track this click to help us understand your product or service preferences so that we can actively improve our customer service experience. Website beacons are usually transparent images embedded in websites or e-mails. With the help of pixel tags in e-mail, we can know whether the e-mail is opened or not.
We use the term "cookies" throughout this notice to also cover all similar technologies, such as web beacons SDK, log files, pixel tags. See below for details on what information is collected by cookies and how we use that information.
4.2 What types of cookies may be used on Nestlé Sites?We use the following types of cookies on Nestlé Sites:
|• Site functionality cookies
These cookies allow you to navigate the site and use our features, such as registration, logging in and product favourites. If you disable these cookies certain parts of the website will not function for you, for example, adding items to your basket, proceeding to checkout.
|• Site analytics cookies
These cookies allow us to measure and analyse how you use our websites, apps and mobile platforms, to improve both its functionality and your experience.
|• Customer preference cookies
When you are browsing on our sites, these cookies will remember your preferences (like your language or location), and other information you choose to provide to us, so we can help tailor your experience and make it more relevant and personal to you.
|• Advertising or targeting cookies
These cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We may also use the information obtained via these cookies to serve you with advertising that may be of interest to you based on your past online behaviour. We may share this information with other parties, including our partners.
|• Social media cookies
These cookies are used when you share information using a social media sharing button on a Nestle Site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.
4.3 Manage your cookies/preferencesYou do not need to allow cookies to use or navigate through many parts of Nestlé Sites although you may not have access to all the features on Nestlé Sites if you do not accept cookies. You should ensure that your device settings reflect your cookies preferences. You can also set your browser to warn you before accepting cookies or you set it to refuse them.
5. USES MADE OF YOUR PERSONAL DATAThe following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.
|What We use your Personal Data for|
|Consumer service. We use your Personal Data for consumer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint, general question, etc.).|
|Contests, marketing and other promotions. With your consent (where required), We use your Personal Data to provide you with information about goods or services (e.g. marketing communications or campaigns or promotions). This can be done via means such as email, ads, SMS, phone calls and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions are run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose (or withdraw your consent in certain countries) to the processing of your Personal Data for this purposes. For detailed information on how to modify your preferences about marketing communication, please see Sections 9 and 10 below. For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion.|
|Third party social networks: We use your Personal Data when you interact with third party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third party social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks.|
|Personalisation (offline and online). With your consent (where required), We use your Personal Data (i) to analyse your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalise your experience on our Websites and apps; (iv) to ensure that content from our Websites/apps is optimised for you and for your computer or device; (v) to provide you with targeted advertising and content, and (vi) to allow you to participate in interactive features, when you choose to do so. For example, We remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), We also show you specific Nestlé content or promotions that are tailored to your interests. The use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose. For detailed information on how to opt-out please refer to Section 10 below.|
|Order fulfilment. We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain Personal Data and payment information.|
|Other general purposes (e.g. internal or market research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as maintaining your account, conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, if you have Nestlé accounts, to reconcile those accounts into one single account. We also use your Personal Data for management and operation of our communications, IT and security systems.|
|Legal reasons or merger/acquisition. . In the event that Nestlé or its assets are acquired by, or merged with, another company including through bankruptcy, we will share your Personal Data with any of our legal successors. We will also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.|
6. DISCLOSURE OF YOUR PERSONAL DATAIn addition to the Nestlé entities mentioned in the data controllers & contact section (see Section 12), We share your Personal Data with the following types of third party organisations:
Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, website operation, market research, support services, promotions, website development, data analysis, CES, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they have been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure.
Credit reporting agencies/debt collectors. To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.
Third party companies using Personal Data for their own marketing purposes. To the extent permitted by applicable law, and except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes. Their identity will be disclosed at the time your consent is sought.
Third party recipients using Personal Data for legal reasons or due to merger/acquisition. We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger (see Section 5 for details).
7. RETENTION OF YOUR PERSONAL DATAWe will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 5 above), unless it is necessary to extend the retention period or as required or permitted in accordance with applicable laws.
8. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATAWe use appropriate measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as third party social networks.
People who can access your Personal Data. Your Personal Data will be processed by our authorised staff or agents, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of consumer care matters will have access to your consumer record).
Measures taken in operating environments. We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorised access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal Data, We cannot guarantee the security of the data during transmission through our Websites/apps.
Measures We expect you to take. It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We provide you in our Website/app.
Transfer of your Personal Data. Because of the international nature of our business, we may need to transfer your Personal Data within the Nestlé group, and to third parties as noted in Section 6 above, in connection with the purposes set out in this Privacy Notice. For this reason, we may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.
9. YOUR RIGHTSAccess to your Personal Data. Subject to the exceptions provided in laws and regulation, you have the right to access, review and request a physical or electronic copy of information held about you. You also have the right to request information on the source of your Personal Data.
These rights can be exercised by contacting Us (mark as “Data Privacy Enquiry”) or writing to our Data Protection Officer at 18 Wang Lok Street, Yuen Long Industrial Estate, Yuen Long, New Territories, Hong Kong, providing the information that can prove your identity (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected. Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.
Please note that, in certain circumstances, We will not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.
Other Additional rights. Where provided by law, you can also (i) request deletion, correction or revision of your Personal Data; (ii) limit the use and disclosure of your Personal Data; and (iii) revoke consent to any of our data processing activities.
Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that We require our registered consumers to verify their identity (e.g. login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorised access to your account.
In response to your above request.
For your reasonable request, in principle we do not charge fees, but for repeated and unreasonable requests, we may charge based on cost as appropriate. We may reject requests that are unreasonably duplicated, or that require excessive technical measures (e.g., we have to develop new systems or fundamentally change current practices), or that bring risks to the legitimate rights and interests of others, or that are highly impractical.
We hope that We can satisfy queries you may have about the way we process your Personal Data. However, if you have unresolved concerns you also have the right to complain to competent data protection authorities.
10. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATAWe strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:
Cookies/Similar Technologies. You manage your consent via (i) our consent management solution or (ii) your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used. Please see Section 4 above.
Advertising, marketing and promotions. You can consent for your Personal Data to be used by Nestlé to promote its products or services through tick-box(es) located on the registration forms/webpages or by answering the question(s) presented by our CES representatives. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To unsubscribe from marketing communications sent by any medium, including third party social networks, you can opt-out at any time by unsubscribing through links available in our communications, logging into the Websites/apps or third party social networks and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CES. Please note that, even if you opt-out from receiving marketing communications, you will still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important non marketing related announcements.
Personalization (offline and online): Where required by law, if you wish to have your Personal Data used by Nestlé to provide you with a personalized experience/targeted advertising & content, you can indicate so through the relevant tick-box(es) located on the registration form/webpage or by answering the question(s) presented by our CES representatives. If you decide that you no longer wish to benefit from this personalization, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CES.
Targeted Advertising. We partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet. Some of those advertisements are tailored to your interests based on information collected on Nestlé sites or on non-affiliated websites over time. If you want to stop receiving such targeted advertisements, you can set your browser to reject cookies, or select the appropriate options available in the specific applications, or adjust the advertising tracking settings available on your device. You can also stop the collection of precise location data from a mobile device by accessing your device location service settings.
11. CHANGES TO THIS NOTICEIf We change the way We handle your Personal Data, We will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.
12. DATA CONTROLLERS & CONTACTTo ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contacting Us (mark as “Data Privacy Enquiry”) or write to our Data Protection Officer at 18 Wang Lok Street, Yuen Long Industrial Estate, Yuen Long, New Territories, Hong Kong.
You can also contact our Data Protection Officer via email at: [email protected]
We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).
|Data controllers||Responsible for|
|Nestlé Hong Kong Limited Address: 18 Wang Lok Street, Yuen Long Industrial Estate, Yuen Long, New Territories, Hong Kong||All activities|