PERSONAL DATA AND PRIVACY NOTICE
Danone Specialized Nutrition (Malaysia) Sdn. Bhd. (formerly known as Danone Dumex (Malaysia) Sdn. Bhd.) (“Danone”, which term includes each member of the group of companies of which Danone Specialized Nutrition (Malaysia) Sdn. Bhd. is the parent, subsidiary or affiliate company) realises the importance of privacy and view your Personal Data (as defined below) seriously.
This Personal Data and Privacy Notice (“Notice”) is issued to all Danone’s valued customers and members, pursuant to the requirements of the Malaysia Personal Data Protection Act 2010. For the purposes of this Notice, “we”, “us” and “our” shall refer to Danone.
Collection of personal data
In the course of your dealings with us and when you register for services, we will request that you provide personal data and information about yourself and/or your family ("Personal Data”) to enable us to enter into transactions with you and/or to deliver the necessary services and/or products in connection with our business.
Personal Data includes information such as name as per your identity card, preferred name, preferences, identity card number, age, contact number, address, e-mail address, birth date, gender, occupation, your child's information such as name and birth date, any information which may identify you, your family members and your children and any other information which you choose to send to us.
In addition to the Personal Data you provide to Danone directly, Danone may also collect Personal Data from a variety of sources, including but not limited to the following:
a. any of Danone’s social media sites such as Facebook, Instagram and Twitter;
b. any printed or electronic forms and/or documents submitted to Danone via any electronic or mobile platforms such as Email;
c. all forms and/or documents submitted to or collected by Danone such as registration and applications forms via online or otherwise;
d. any event, survey, competition and/or contest organised or sponsored by Danone via online or otherwise;
e. any messages and/or comments submitted to or collected by Danone via online or otherwise;
f. any of Danone’s website (“Website”) including cookies used on the Website and/or other electronic platform; and
g. any publicly available sources such as directories.
It shall be your responsibility to obtain the express consent of any third party prior to providing Danone with any Personal Data of any third party. By providing Danone with any Personal Data of any third party, you confirm that such consent had so been obtained for the purposes of collection, processing, use and storage of the Personal Data in accordance with this Notice and where you are providing Danone with any Personal Data about and on behalf of your child, below the age of eighteen years, you confirm that you are the parent, guardian or person who has parental responsibility on the child and you consent to the collection, processing, use and storage of such Personal Data in accordance with this Notice.
Purpose of collection of personal data
Collection of Personal Data is relevant in connection with our business process, execution, including delivery of services and/or products and client/customer relationship management and to offer services that best suit individual customer and/or members when they visit our Website.
Danone may collect, use and otherwise process the Personal Data you provide for business purposes and any activities of Danone which includes but is not limited to the following purposes:
a. the delivery of services or products and the marketing of such services or products, whether present or future, to you;
b. member or customer relationship management procedures;
c. those purposes specifically provided for in any particular service or product offered by us;
d. conducting marketing and client/customer profiling activities in connection with our services and related products;
e. our internal record keeping;
f. meeting any legal or regulatory requirements relating to our provision of services and products and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us or any member companies of Danone;
g. to enable us to communicate with you by sending information to you via e-mail, telecommunication means (telephone calls or text messages) or social media on products and services offered by selected third parties that we think may interest you;
h. for the purpose of any contests, surveys, redemption activities or promotions organised by Danone;
i. to respond to questions, comments and feedback from you;
j. to communicate with any third party in order for such third party to perform any function or service as may be required by Danone;
k. membership programmes including communicating with our members about news, activities and services concerning our business; and
l. for any other purposes in relation to and/or incidental to any of the above.
and you agree and consent to Danone using and processing the Personal Data in the manner identified in this Notice and Danone may contact you for the above purposes via any form of available communication including but not limited to short message services, post, social media and emails.
Effect arising from failure to provide personal data
In the event, you fail to provide sufficient Personal Data or Personal Data which is deemed compulsory to Danone, or the Personal Data provided is deemed insufficient by Danone, then Danone may:
a. be unable to provide you with the services and/or products requested including but not limited to performance of any of the purposes set out in Clause 2 in this Notice;
b. be unable to update you on our latest product and/or launches;
c. be unable to process your application in relation to any contest, promotions or redemption activities organised by us; and
d. be unable to perform any of its obligations under any potential or existing agreement with you.
Personal Data provided to us will generally be kept confidential but you hereby consent and authorise us to provide, transfer or disclose the Personal Data to any related companies and subsidiaries of Danone, within and outside Malaysia, including those established and incorporated in the future and/or to any third party for the purposes set out in Clause 2 of this Notice and/or to any third parties engaged by Danone to perform functions on its behalf (collectively, the “Third Parties”). The Third Parties include but are not limited to:
a. any person to whom we are compelled or required to do so under law or in response to a competent or government agency;
b. our business partners and online affiliates that provide related services or products in connection with our business;
c. government agencies, statutory authorities and industry regulators;
d. our auditors, consultants, accountants, lawyers or other financial or professional advisers;
e. our sub-contractors or service or product providers or business sponsors as may be determined to be necessary or appropriate;
f. any third-party service providers within and outside Malaysia that provides services, directly or indirectly, to us including but not limited to data analysis firms, webhosting companies, data processing and network operations; and
g. any other third parties performing any function or services as may be required by Danone in connection with the provision of services or products to you or in order to maintain and improve its services, or for our development and expansion of our goods and services or performance of any contract with you.
In the event of any potential, proposed or actual assignment, sale, transfer or disposal of any business, assets, shares and/or interest in Danone including any consolidation acquisition or merger (“Corporate Transaction”), the Personal Data provided by you may be required to be disclosed and/or transferred to or accessed by any Third Party as a result of the Corporate Transaction and you hereby expressly agree and consent to any such disclosure and/or transfer to or access by any such Third Party.
We shall keep and process the Personal Data which you provide to us in a secure manner. We endeavour, where practicable, to implement the appropriate and reasonable administrative and security safeguards and procedures in accordance with applicable laws and regulations to prevent the unauthorised or unlawful processing of the Personal Data and the accidental loss or destruction of, or damage to, the Personal Data.
It is understood that sending Personal Data over the internet is not 100% secured. Therefore, in this regard, we cannot guarantee the security of any Personal Data transmitted over the internet in any case, whether on data inflow to Danone or outflow from Danone back to you.
Data transfer & sharing
Where we consider it necessary or appropriate for the purposes of data storage or processing or providing any service or product on our behalf to you, we may transfer the Personal Data provided by you to another member of our companies or third party service or product providers within or outside Malaysia in which we are established, under conditions of confidentiality and similar levels of security safeguards. You understand and agree to such disclosure and/or transfer of the Personal Data as described herein.
Cookies & links
Benefits of Cookies:
a. To evaluate the number of visitors. Different browsers will have different uses for cookies that can distinguish visitors as members or non-members. This information is useful for presenting advertisements that best suit a target audience, evaluating user interests, and the user's internet usage pattern.
b. To check usage frequency or visiting pattern. These tracking cookies help us to understand the user's character and habits. Moreover, it will help us improve our services, contents, advertising patterns, as well as promotional activities offered on the website to best suit individual needs.
Cookies will not collect personal information such as names or e-mail addresses. Nevertheless, if you do not wish to have cookies in your computer, you may configure your web browser to reject cookies. Please note, however, if you disable all cookies, you may not be able to use certain services on the Website.
Your rights of access and correction
You have the right to request access to and correction of the Personal Data about you held by us and in this respect, you may:
a. check whether we hold or use your Personal Data and request access to such Personal Data;
b. request that we correct any of your Personal Data that is inaccurate, incomplete or out-of-date;
c. request us to limit or remove certain Personal Data about you or limit our right to process the Personal Data; and
d. request that we specify or explain its policies and procedures in relation to data and types of Personal Data handled by us
The person to whom written requests for access to Personal Data or correction of Personal Data or to limit or remove certain Personal Data about you or to limit our right to process the Personal Data or for information regarding policies and procedures and types of Personal Data handled by us is:
Designation: Marketing Manager
Address: Suite 8.01 & 9.01, Level 8 & 9, The Gardens South Tower, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur
Danone reserves the right to impose a prescribed fee for access of your Personal Data and to refuse your requests to access and/or make corrections to your Personal Data to the extent permitted by law.
By entering into any contract with Danone, using Danone’s services, purchasing any products from Danone, participating in any activities, promotions, surveys, contests, competitions and any other events organised or sponsored by Danone, providing and communicating any Personal Data to Danone whether online or otherwise, including but not limited to “liking” and/or commenting on Danone’s Facebook page, following Danone on Instagram and/or Twitter and “liking” and/or commenting therein, downloading Danone’s mobile apps and/or expressing a similar indication of your interest in Danone, you agree that you have read this Notice and consent to Danone’s collection and processing of Personal Data provided by you in the manner described in this Notice.
In the event of any conflict between this English language Notice and its corresponding Bahasa Malaysia language Notice, the terms in this English language Notice shall prevail.
Change in this notice
Danone shall have the right to amend, vary and/or update the terms under this Notice at any time by posting any such amendment, variation and/or update on the Website or by sending a notice to you.
Following any amendment, variation and/or update as aforesaid, by continuing to engage and deal with Danone you shall be deemed to have accepted such amendment, variation and/or update