Privacy Policy

Effective: June 2018

SCOPE OF THIS POLICY

Please read this privacy policy (“Privacy Policy”) carefully to understand our practices regarding your Personal Information and how we will treat it. This Privacy Policy applies to individuals who interact with Nestlé services as consumers (“you”). It explains how your Personal Information is collected, used, and disclosed by Nestle Australia Ltd (“Nestlé”, “We”, Us”). It also tells you how you can access and update your Personal Information and make certain choices about how your Personal Information is used.

This Privacy Policy covers both our online and offline data collection activities, including Personal Information 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 information from different sources (website, offline event).  As part of this, We combine Personal Information that was originally collected by different Nestlé entities or Nestlé partners.

If you do not provide necessary Personal Information 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 Privacy Policy can change from time to time (see Section 11).

This Privacy Policy provides important information in the following areas:

1.      SOURCES OF PERSONAL INFORMATION

2.      PERSONAL INFORMATION THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

3.      PERSONAL INFORMATION OF CHILDREN

4.      COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS

5.      USES MADE OF YOUR PERSONAL INFORMATION

6.      DISCLOSURE OF YOUR PERSONAL INFORMATION

7.       RETENTION OF PERSONAL INFORMATION

8.       STORAGE AND/OR TRANSFER OF YOUR PERSONAL INFORMATION

9.      ACCESS TO YOUR PERSONAL INFORMATION

10.      YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION

11.    CHANGES TO OUR PRIVACY POLICY

12.    PRIVACY OFFICER & CONTACT

 

1. SOURCES OF PERSONAL INFORMATION

This Privacy Policy applies to Personal Information 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 Facebook (“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).

Information We create. In the course of our interactions with you, we may create Personal Information about you (e.g. records of your purchases from our websites).

Information from other sources. Third party social networks (e.g. such as Facebook, Google), market research (if feedback not provided on an anonymous basis), third party data aggregators, Nestlé promotional partners, public sources and information received when we acquire other companies.

 

2.    PERSONAL INFORMATION 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.

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 informationAny 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 & interestsAny 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 deviceAny 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 may modify your settings so our websites do not collect cookies from you, 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 Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, 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 Facebook) 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 Facebook, every time you use a social networking feature that is integrated within a Nestlé site (such as Facebook Connect) 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 informationAny 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 Information. We may use certain sensitive personal information that you provide to us for marketing purposes with your express prior consent. If we use your sensitive personal Information for other purposes, we may 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 INFORMATION OF CHILDREN

We do not knowingly solicit or collect personal information from children below the age of 15. If we discover that we have unintentionally collected personal information from a child below 15, we will remove that child’s personal information from our records promptly. However, Nestlé may collect personal information about children below the age of 15 years of age from the parent or guardian directly, and with that person’s explicit consent.

 

4.  COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS

Cookies/Similar Technologies. Please see our Cookie Notice [insert hyperlink] to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.

Log Files. We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.

Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons will include information such as IP address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We will use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.

5.    USES MADE OF YOUR PERSONAL INFORMATION

The following paragraphs describe the various purposes for which We collect and use your Personal Information, and the different types of Personal Information 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 Information for

Our reasons

Our legitimate interests

Consumer serviceWe use your Personal Information 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.).

  • Fulfilling contractual obligations
  • Legal obligations
  • Our legitimate interests

 

  • Improving and developing new products and services
  • Being more efficient

 

Contests, marketing and other promotionsWith your consent (where required), We use your Personal Information 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 Information is voluntary, which means that you can oppose (or withdraw your consent in certain countries) to the use of your Personal Information 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.

  • With your consent (where required)
  • Fulfilling contractual obligations
  • Our legitimate interests
  • Working out which of our products and services may interest you and telling you about them
  • Defining types of consumers for new products or services
  • Administering competitions and promotions

Third party social networks: We use your Personal Information 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 policies of the relevant third party social networks.

  • With your consent (where required)
  • Our legitimate interests
  • Working out which of our products and services may interest you and telling you about them
  • Defining types of consumers for new products or services

Personalisation (offline and online). With your consent (where required), We use your Personal Information (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 Information is voluntary, which means that you can oppose the use of your Personal Information for this purpose. For detailed information on how to opt-out please refer to Section 10 below.

 

Order fulfilment. We use your Personal Information 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 Information and payment information.

  • Fulfilling contractual obligations
  • With your consent (where required)
  • Legal obligations
  • Our legitimate interests

 

  • Improving and developing new products and services
  • Being more efficient
  • Protect our systems, networks and staff
  • Compliance with legal obligations

 

Other general purposes (e.g. internal or market research, analytic, security). In accordance with applicable laws, We use your Personal Information 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 Information 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 Information with any of our legal successors. We will also disclose your Personal Information 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.

  • Legal obligations
  • Our legitimate interests

 

  • Compliance with legal obligations
  • Protect our assets and staff

 

 

6. DISCLOSURE OF YOUR PERSONAL INFORMATION

We also share your Personal Information 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 companies, support services, promotions, website development, data analysis, CRC, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Information 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 Information 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 Information for their own marketing purposes. Except in situations where you have given your consent, We do not license or sell your Personal Information 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 Information for legal reasons or due to merger/acquisition. We will disclose your Personal Information 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 INFORMATION

In accordance with applicable laws, We will use your Personal Information for as long as necessary to satisfy the purposes for which your Personal Information was collected (as described in Section 5 above) or to comply with applicable legal requirements. Personal Information used to provide you with a personalized experience (see Section 5 above for details) will be kept for a duration permitted by applicable laws.

 

8.    DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL INFORMATION

We use appropriate measures (described below) to keep your Personal Information 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 Information. Your Personal Information will be used by our authorised staff or agents, on a need to know basis, depending on the specific purposes for which your Personal Information 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 Information in operating environments that use reasonable security measures to prevent unauthorised access. We follow reasonable standards to protect Personal Information. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal Information, We cannot guarantee the security of the data during transmission through our Websites/apps.

Measures We expect you to takeIt is important that you also play a role in keeping your Personal Information 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 Information.

Because of the international nature of our business, we transfer your personal information within the Nestlé group to overseas locations, most notably in the following countries:  Switzerland, Germany, Singapore, The United States, The United Kingdom, Germany, the Philippines and India.

Nestlé service providers, contractors and agents may also transfer your information overseas, however, it is not practical to list every country where your personal information is used and stored. If you would like further information on the countries where Nestlé Service Providers are accessing and storing your personal Information, please contact the Nestlé Privacy Officer by emailing [email protected].

 

9.    YOUR RIGHTS

Access to Personal Information. You have the right to access and review to the information held about you. You also have the right to request information on the source of your Personal Information.

These rights can be exercised by sending Us an email to [email protected] or writing to us at Nestlé New Australia Ltd, Building D, 1 Homebush Bay Drive, Rhodes, NSW 2138, Australia or by contacting us online[K2] . 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 requested by Us will only be used in accordance with, and to the extent permitted by applicable laws.

 

10.    YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION

We strive to provide you with choices regarding the Personal Information that you provide to Us. The following mechanisms give you the following control over your Personal Information:

Cookies/Similar Technologies. You manage your consent via your browser so as to refuse all or some cookies/similar technologies. Please see Section 4 above.

Advertising, marketing and promotions. You can consent for your Personal Information to be used by Nestlé to promote its products or services through tick-box(es) located on the registration forms 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 Information 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 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.  You can visit www.youronlinechoices.co.nz. 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 PRIVACY POLICY

If We change the way We handle your Personal Information, We will update this Privacy Policy. We reserve the right to make changes to our practices and this Privacy Policy at any time, please check back frequently to see any updates or changes to our Privacy Policy.

 

12. COMPLAINTS

To ask questions or make comments on this Privacy Policy and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact Us at: [email protected] or writing to us at Nestlé Australia Ltd,12-16 Building D, 1 Homebush Bay Drive, Rhodes, NSW 2138, Australia or call our CES on 1800 025 361 or contact us online.

We will acknowledge and investigate any complaint about the way We manage Personal Information (including a complaint that We have breached your rights under applicable privacy laws).