PRIVACY STATEMENT

Basic principles and our privacy commitment

At Danone we are committed to protecting your right to privacy. We aim to protect any personal data we hold, to manage your personal data in a responsible way and to be transparent in our practices. Your trust is important to us. We have therefore committed ourselves to the following basic principles:

  • You have no obligation to provide any personal data requested by us. However, if you choose not to provide any personal data requested by us, we may not be able to provide you with some services or products.
  • We only collect and process your data for the purposes set out in this Privacy Statement or for specific purposes that we share with you and/or that you have consented to.
  • We aim to collect, process and use as little personal data as possible.
  • When we do collect your personal data, we aim to keep it as accurate and up to date as possible.
  • If the personal data we collect is no longer needed for any purposes and we are not required by law to retain it, we will do what we can to delete, destroy or permanently de-identify it.
  • Your personal data will not be shared, sold, rented or disclosed other than as described in this Privacy Statement.

Who does this Privacy Statement apply to?

Depending on our relationship, we will collect and use your personal data in different ways. Please click on the links below to find out the information that we collect about you and how we use this personal data:

a) visitors to our websites and users of our apps and services;

b) people who contact us with enquiries (e.g. via our consumer contact centres);

c) attendees or prospective attendees at Danone-related events;

d) people we interact with during the course of business who do not fall within any of the above categories (other than suppliers);

e) people whose personal data we collect indirectly.

What this Privacy Statement contains:

This Privacy Statement describes the following important topics relating to your personal data:

1. Who are we?

2. What personal data do we collect and how?

3. The purpose and legal basis for collecting and using personal data

4. Profiling and automated decision making

5. Links to other websites

6. Social media and other user generated content

7. Children’s personal data

8. Sharing personal data with third parties

9. Sharing personal data internationally

10. How we protect your personal data

11. How long we store your personal data

12. Cookies & Links

13. Your rights

14. How to contact us

15. Changes to our Privacy Statement.

1. Who are we?

Danone Specialized Nutrition (Malaysia) Sdn. Bhd. is responsible for the personal data that you share with us. When we say “Danone”, “us”, “our” or “we”, we are referring to Danone Specialized Nutrition (Malaysia) Sdn Bhd, which also includes each member of the group of companies of which Danone Specialized Nutrition (Malaysia) Sdn. Bhd. is the parent, subsidiary or affiliate company. In accordance with regulations applicable to the processing of personal data, Danone is the “data controller”.

Danone Specialized Nutrition (Malaysia) Sdn Bhd
Suites 8.01 & 9.01, Levels 8 & 9, The Gardens South Tower, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia

2. What personal data do we collect and how?

The personal data we collect varies depending on our relationship with you, the purpose of the collection and the product or service we are providing to you. Please see the section(s) below that best describes our relationship with you for further details of the personal data that we collect.

We may collect your personal data directly from you.

You may give us personal data about yourself by visiting our websites or applications, creating an account with us, ordering products or services from us, registering to receive our newsletters or communications (including marketing messages) by any means (e.g. SMS, phone instant messaging, etc.), entering or participating in a survey, research activity, game, contest or competition run by us, submitting an enquiry or request to us, contacting us by phone, email or other means, filling in our forms (both online and offline), registering for an event, congress or seminar (online or offline) or by posting or commenting on our social media pages (such as Facebook or Instagram) or engaging with our other digital media communications.

Some of this data is collected via cookies and similar tracking technologies - see our Cookie Statement for further details on this.

We may also receive personal data about you from third parties such as: our business partners, including marketing agencies, market research companies, companies that co-sponsor our promotions, retailers; family, friends and others who provide your personal data to us because you have consented to or they think you may be interested in our products and services or they want to share a product or service with you; and other third parties such as media providers/owners, public and third party websites, social media platforms, advertising platforms, our suppliers or our group companies (referred to in this Privacy Statement as "third parties" or "suppliers"). 

Visitors to our websites and users of our apps and services

We, or third parties on our behalf, may collect and use information about you such as the following:

a)      personal contact data, such as your name, gender, email address, physical address and telephone number(s);

b)      account login details, such as your user ID, email username, password and photo; 

c)      communication data between you and us, which may include details of our conversations via chat and contact forms available on our websites and/or apps;

d)      social media or 3rd party account profile information where you use your social media or 3rd party account to create an account and login or where you share this with us;

e)      where you submit content to our websites and/or apps (such as a personal testimonial or review);

f)       health data where you provide this to us – please also see the "Special categories of data" section below;

g)      your entry into a survey, game, contest, promotion or competition (including the entry itself, which may be a photo, comment or answer to a question);

h)      any information you provide to us when signing-up for, or as a member of, any clubs, communities or schemes offered by us;

i)        information about people other than you, such as personal data about your family members, when you provide such information directly to us;

j)        where we are able to collect this, information about how you engage with our messages and communications (e.g. emails, SMS, instant messages) including whether they are delivered to you, whether you open them, links you click in them and whether you unsubscribe to them;

k)      any updates to data provided to us; and

l)        personal data created and recorded as you use our websites, apps and/or services, including:

a.      technical information – this includes the Internet Protocol (IP) address used to connect your device to the internet address; the type of device you use; the website address and country from which you access information; the files requested; browser type and version; browser plug-in types and versions; operating system; and platform; and

b.      information about your visit and your behavior on our websites and/or apps (such as the pages that you click on) – this may include time and length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs, information shared with others, including through email and social media), methods used to browse away from the page, traffic data, location data, weblogs and other communication data and information provided when requesting further service or downloads. 

 

People who contact us with enquiries (e.g. via our consumer contact centres)

We, or third parties on our behalf, may collect and use some information about you such as the following:

a)      your name including your title;

b)      your postal address;

c)      your email address;

d)      your telephone number;

e)      your date of birth;

f)       your contact preferences;

g)      health data about pregnancy (if provided);

h)      personal data about your children(if provided);

i)        information provided when you correspond with us (such as via our care lines and/or customer service lines or social media) which might include call recordings if you call us directly – to the extent this includes information about your health, please see the "Special categories of data" section below;

j)        information about people other than you, such as personal data about your family members, when you provide such information directly to us; and

k)      any updates to information provided to us.

 

Attendees or prospective attendees at Danone-related events (online and offline)

We, or third parties on our behalf, may collect and use some information about you when attending events (including trainings and e-learnings), including the following:

a)      personal contact data, such as your name, email address, physical address and telephone number(s);

b)      your employment details (where you are attending on behalf of your employer);

c)      the field of expertise in which you are active, your professional qualifications and activities, and professional details such as data related to your educational/professional employment history;

d)      information you provide in respect of the event itself (such as visitor forms, feedback surveys, recordings or interviews of the event and pictures of the event and content you submit as part of the event (e.g. if you ask a question) and your travel and accommodation details); and

e)      any dietary information you provide to us (when applicable).

 

People we interact with during the course of business who do not fall within any of the above categories (other than suppliers)

When Danone interacts with you in your capacity as an external stakeholder who does not fall within the above categories, such as where you are a representative of one of our clients, an agent of an industry or peer company, a scientist, a health care professional, an academic, a representative of a non-governmental or consumer organization, a politician, a policy-maker, a regulator, an investor, an extra-financial rating agencies, a journalist, a trade associations representative, etc., we, or third parties on our behalf, may collect and use the following information about you:

a)      professional contact data, such as your title, name, email address, physical address, telephone number(s), social media handles, language of communication;

b)      your employment details (job title, organization, any other position you may hold) and/or political party affiliation (only when it has been manifestly made public by you);

c)      the field of expertise in which you are active, your professional qualifications and activities, and professional details such as data related to your educational/professional employment history; and

d)      any other information that you provide to us in the course of our interactions with you.

If you are, or act for, a supplier of Danone, this Privacy Statement does not apply to you. The appropriate privacy policy or privacy statement will be made available to you separately.

 

People whose personal data we collect from other sources

We may also collect personal data about you from other sources when:

a)      you search for our products and services and when you share content on social media pages, websites or applications related to our products or in response to our promotional material on social media;

b)      we collect your personal data from other public sources (e.g. comments on other websites than ours) that mention Danone or ones of its brands. We may also collect publicly available data about you in your capacity as a public figure for business objective purposes;

c)      your data is provided to us by media providers and retailers, such as your purchasing history data and your loyalty card profile; and

d)      your insights data is provided to us by third parties (i.e. media providers, marketing technology or advertising technology solutions), such as your demographic data (e.g. age, parental status), your location, your interests and your purchase intent. Some of this data may have been collected from the use of cookies and other similar tracking technologies.

 

Special categories of data

In principle Danone does not seek to process sensitive data relating to you. However, some of the personal data that we collect about you or which you provide to us may be special categories of data, often relating to health and wellbeing. 

We will only process this type of data for purposes to which you give your explicit consent, or in any other circumstances permitted by law (such as defense of legal claims). 

 

3. The purpose and legal basis for collecting and using personal data

The table below shows the purposes for which we collect and use your personal data, as well as the legal bases for our use for your personal data (in addition to other bases which may be permitted under applicable laws). Further information as to our legal bases is set out below the table. Please note that not all of the uses below will be relevant to every individual:

Our purpose(s) for processing your personal data

Our legal basis

Managing our relationship with you

  • To enable you to access, use and place orders via our apps and websites
  • To facilitate deliveries to you
  • To receive, and respond to, enquiries from you, including through our websites and apps, about our products and services and business
  • To invite you to meetings, congresses or other events that you have registered for or shown an interest in and manage your participation to such events
  • To ask you to leave a review, provide feedback or complete a customer survey or participate in market research
  • To provide you with, and personalize for you, our products, services and offer
  • To send you service communications: for example, information about your order, information related to a service or club that you have requested from us, information about the availability of a product you wanted to purchase and you have asked us to inform you about or information about any changes to our terms and conditions or this Privacy Statement
  • If you have entered into one of our promotions, prize draws, games, contests or competitions, in order to administer it in accordance with its terms
  • To keep track of our interactions with you
  • To verify your credentials, authenticate your identity and create and administer your account(s) with Danone
  • To keep a record of your consent and to manage your data subject rights requests
  • Consent (where you have given it);
  • Contractual necessity; and/or
  • Compliance with legal obligations.

Marketing our products or services

  • To send you updates, news, promotional, marketing and other communication materials by any means (e.g. telephone, post, email, social media and instant messaging applications), with consent where required by applicable laws, unless you have told us that you would rather not hear from us
  • To recommend relevant products and services, including based on your health data where we have obtained your explicit consent
  • To inform you when a product you wanted to purchase is available and you have asked us to inform you
  • To create profiles (e.g. groups that may have common characteristics) based on your interests, preferences and other information (or a combination of them) that help us to understand which products and services will appeal to you
  • To show you personalized content or advertising either directly or through third party websites and apps as well as through traditional and social media campaigns
  • To create consumer categories (segments) of people that have interests and preferences similar to yours (lookalike audiences) to provide personalized content or advertising either directly or through third party websites and apps as well as through traditional and social media campaigns   
  • To create brand communities
  • To display any testimonials or reviews you leave on our websites, apps and services for other customers to see
  • To determine the effectiveness of our communications, promotional campaigns and advertising, including by analyzing information collected with the help of external sources
  • To understand your interactions on social media where you mention one of our brands
  • To understand and build our corporate and brand image/reputation
  • Consent (where you have given it)

 

Managing and improving our processes and business operations

  • To provide, improve, maintain, keep secure and provide technical support in relation to our websites and apps
  • To recognize you when you return to our websites and apps, to store information about your preferences, and allow us to customize our websites and apps according to your individual interests
  • To evaluate your visit to our websites and apps and your use of our services and prepare reports to compile statistics to understand the type of people who use our websites, apps and services, how they use our websites, apps and services and how to make our websites, apps and services more intuitive
  • To manage, develop and improve our products, services and communications
  • To manage our network and information security systems
  • For fraud prevention purposes
  • For training and quality assurance purposes
  • For internal corporate reporting, business administration, ensuring adequate insurance coverage for our business, ensuring the security of company facilities, research and development, and identifying and implementing business efficiencies 
  • For generating anonymized statistics and to analyse the outcome of these statistics for the improvement of our services, products, communication methods and the functionality of our websites. We will also share your personal data with Danone Trade B.V. for these purposes, to allow our global entity to generate global statistics that are relevant for the entire Danone-group.
  • Consent (where you have given it)

Other purposes

  • To follow applicable laws and regulations
  • To respond to requests from competent public authorities
  • To authenticate your identity for security purposes, as well as where we are required to do so in accordance with a legal obligation
  • To comply with our transparency, anti-corruption and anti-bribery obligations
  • For health and safety records and management
  • To ensure your safety and security and that of others, by the use of CCTV (video surveillance)
  • To establish, exercise or defend our legal rights
  • To investigate and take action against illegal or harmful behavior of users
  • To protect Danone, your vital interests, or those of another person
  • To drive company engagement among an ecosystem of stakeholders with a view to developing common solutions
  • To provide our expertise for more informed decision-making, in a collaborative and transparent environment with decision-makers and other relevant stakeholders
  • To deliver on our sustainability agenda and to follow all applicable laws and regulations
  • Consent (where you have given it); and/or
  • Compliance with legal obligations.

 

When we collect and use your personal data for new purposes, we will inform you before or at the time of collection (and ask for your consent when required) unless we reasonably consider that this purpose is compatible with the original one as detailed above.

Legal basis

We consider that the legal bases for using your personal data as set out in this Privacy Statement are as follows or as otherwise permitted under applicable laws:

a)      Contractual necessity: our use of your personal data is necessary to perform our obligations under any contract with you or to take steps prior to entering a contract with you.

b)      Compliance with legal obligations: our use of your personal data is necessary for complying with our legal obligations.

c)      Consent: We may process your personal data on the basis of your consent. Where you have given consent, but you later change your mind, you may withdraw your consent by contacting us and we will stop processing your personal data in this way. However, if you withdraw your consent, this may impact our ability to provide our products and associated services to you.

 

4. Profiling and automated decision making

We may analyze information about you in order to create profiles (e.g. by compiling individuals into groups that we believe to have certain common characteristics). We use these profiles to personalize our websites, apps, services or products, as well as our communications to you (e.g. by sending/displaying content that may be relevant and useful to you, subject to applicable data protection and e-privacy laws). We may also use these insights to display relevant advertising to you either on our websites or apps, or via third-party websites.  

Where we do this, we will of course inform you and we will give you an opportunity to object to these processes in advance. We will also obtain your consent where this is required by law, for instance where information about you is collected via certain types of cookies that we use – please see our Cookie Statement for further details on our use of cookies. You are also free to contact us for further information on this type of processing.

For some services and products, we may process your personal data using automated means. Essentially this means that decisions are taken automatically without human intervention. We will not make decisions based solely on automated decision making to the extent that they have a legal effect or significant impact on you without first notifying you and providing you with clear information about any such automated decision-making, including our lawful basis for carrying it out and the ability to have a human intervention for reviewing the decision.

 

5. Links to other websites

Our websites and apps may contain hyperlinks to third party websites, plug-ins or applications that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of such third-party websites or any association with their operators.

This Privacy Statement only applies to the personal data that we collect or which we receive from third party sources and over which we act as a data controller, and we cannot be held responsible for personal data about you that is collected and stored by third parties. Third party websites have their own terms and conditions and privacy policies, and you should read these carefully before you submit any personal data to these websites.

We do not endorse or otherwise accept any responsibility or liability for the content of such third-party websites or third-party terms and conditions or policies.

 

6. Social media and other user generated content

Some of our websites and apps allow users to submit their own content. Please remember that any content submitted on our product/brand page(s) on social media platforms can be viewed by the public and reposted, and you should be cautious about providing certain personal data e.g. financial information or address details. We are not responsible for any actions taken by other individuals if you post personal data on one of our product/brand page(s) on social media platforms. We reserve the right to delete user generated content that doesn’t comply with the relevant terms & conditions.

 

7. Children's personal data

Most of our websites are designed and intended for use by adults. Where one of our websites is intended for use by a younger audience, we understand the importance of taking extra precautions to protect the privacy and safety of children.

If our websites are ever intended for young audiences, we will in all cases respect our external commitments on responsible marketing, and we will ensure that before we collect personal data, consent is validly obtained from the parent(s) or legal guardian(s) to the extent that this is required by applicable laws and regulations (the age at which this is necessary varies from country to country).

If we discover that we have collected personal data from a child without consent from a parent or legal guardian where such consent should have been obtained, we will delete that personal data as soon as practical.

 

8. Sharing personal data with third parties

When we share your personal data with affiliates and other organizations, we make sure we only do so with organizations that safeguard and protect your personal data and comply with applicable privacy laws in the same or similar way that we do.

We may, however, share or disclose your personal data as described in this Privacy Statement. Your personal data will be shared with the following third parties for the purposes described:

a)      Other Danone companies/entities: Where there is a need to do so for the purposes set out under Section 3 above or for internal administrative purposes (for example, ensuring consistent and coherent delivery of products to our customers, corporate strategy, merger and acquisition operations, compliance, auditing and monitoring, research and development and quality assurance).

b)      Third party service providers and subcontractors: Including those which:

i) assist us to carry out your requests, respond to your inquiries, fulfil your orders, honor coupons, provide you with samples, enable you to participate in sweepstakes, such as logistics providers, sponsors and customer support providers

ii) perform core information technology and other business-related services, such as website/app development providers, cloud hosting providers, management and evaluation service providers, data analysts, payment processors, utility providers, insurers;

iii) assist in the organization of our events, marketing, advertising and promotional activities; or

iv) provide analytics and optimization services relating to our websites and apps.

c)      Social media platforms: When our web pages use social plug-ins from these businesses (such as the "Like" and "Share" buttons). These other businesses may receive and use personal data about your visit to our sites or apps. If you browse our website or view content on our apps, personal data they collect may be connected to your account on their site. For more information on how these businesses use personal data, please read their privacy policies.

d)      Business transfer recipients: Where we sell or buy any business or assets, (such as a merger/absorption), to the prospective seller or buyer of such business or assets, or where substantially all of our or any of our affiliates' assets are acquired by a third party, in which case personal data held by us will be one of the transferred assets. Where appropriate, in such case, the buyer acting as the new data controller processes your data and its privacy statement governs the processing of your personal data.

e)      Legal disclosure recipients: Where we are obliged by law to disclose your personal data (e.g. to government or law enforcement bodies) or where disclosure is required to protect our rights or those of our staff, customers or other third parties.

Save as expressly detailed above, we will never share, sell or rent any of your personal data to any third party without notifying you and, where necessary, obtaining your consent.

 

9. Sharing personal data internationally

Your personal data may be used, stored and/or accessed by staff operating outside Malaysia working for us, other members of Danone group or trusted third parties outside of Malaysia.

If we provide any personal data about you to any such non-Malaysian members of Danone group or trusted third-parties, we will take appropriate measures to ensure that the recipient protects your personal data adequately and in compliance with applicable laws.

 

10. How we protect your personal data

We understand that the security of your personal data is important. We make our best efforts to protect your personal data from misuse, interference, loss, unauthorized access, modification or disclosure. We have implemented a number of security measures to help protect your personal data, and we require that trusted third parties who handle your personal data for us do the same. For example, we implement access controls, use firewalls and secure servers, and we encrypt personal data.

In the course of provision of your personal data to us, your personal data may be transferred over the internet. Although we make every effort to protect the personal data which you provide to us, the transmission of information over the internet is not completely secure. As such, you acknowledge and accept that we cannot guarantee the security of your personal data transmitted to our website and that any such transmission is at your own risk. Then, once we have received your personal data, we will use strict procedures and security features to prevent unauthorized access to it.

Where we have given you (or where you have chosen) a password which enables you to access your online account, you are responsible for keeping this password confidential.

 

11. How long we store your personal data

We keep your personal data for no longer than necessary for the purposes for which the personal data is processed. The length of time for which we retain personal data depends on the purposes for which we collect and use it, for the duration of your contractual relation with us and/or as required to comply with applicable laws and regulations as well as to establish, exercise or defend our legal rights.

For example, where you make a purchase online with us or register for a webinar, we will keep the personal data related to your purchase or registration, so we can perform the specific contract you have entered. After that, we will keep the personal data for a period which enables us to handle or respond to any complaints, queries or concerns relating to the purchase or registration.

 

12. Cookies & Links

Cookies is a small data file that will be collected in your web browser in order to track visiting information. So when you visit our Website in the future, the server may immediately recognize that you had been to the Website before. We use cookies to personalise a user's experience of the Website.

Cookies is not a program that will destroy any files in the computer, but it is only used to track visiting information such as which pages users visit, at which pages users usually start and stop, and how frequently users visit the website, etc. We do not use cookies to track the identity of the actual user, so that cookies will only tell if a certain computer has visited our website in the past.

Benefits of Cookies:

1) 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.

2) 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.

Our Website may contain links to other external sites. Danone is not responsible for the privacy policy of such external sites.

 

13. Your rights

Where we process your personal data, you are entitled to a number of rights established in the relevant applicable laws and can exercise these rights at any point. We have provided an overview of these rights below together with what this entails for you. You can exercise your rights by contacting us here

We will consider all such requests and, in accordance with the applicable laws, will provide our response within a reasonable period, or within the period prescribed by law. Please note, however, that we may rely on certain exemptions to complying with your requests in certain circumstances, for example if we need to keep using the information to comply with our own legal obligations or to establish, exercise or defend legal claims. If an exemption applies, we will tell you this when responding to your request.

We may request you provide us with information necessary to confirm your identity before responding to any request you make. 

The right to be informed

You have the right to obtain clear, transparent and easily understandable information about how we use your personal data, and your rights. This is why we are providing you with the information in this Privacy Statement.

The right to access your personal data and correction

You have the right to access the personal data we hold about you, as well as correct, update or complete it at any time.

The right to deletion of your personal data

You have right to request that we delete your personal data. However, this is not an absolute right and we may have legitimate, legal and regulatory reasons to retain your personal data.

The right to object

Under certain circumstances, you have the right to object to certain types of processing. If you exercise this right, we will stop using your personal data for this purpose, unless we can demonstrate compelling legitimate grounds to continue processing your personal data that would outweigh your interests, rights and freedoms. You have the right to object to the processing of your personal data for direct marketing activities (for example, by clicking on the unsubscribe link in our emails). 

The right to withdraw consent

Where we rely on your consent to process personal data, you have the right to withdraw consent at any time, without affecting our processing of your personal data before you withdrew consent.

The right to lodge a complaint with a supervisory authority

If you think that we have not met the data protection or privacy requirements, you have the right to make a complaint to the data protection authority in the country where you usually live or work, or where an alleged infringement of applicable data protection laws has taken place. 

If you want to bring a specific complaint against Danone Specialized Nutrition (Malaysia) Sdn Bhd for the way your personal data has been processed you can raise a complaint with the Personal Data Protection Commissioner, Department of Personal Data Protection, Level 6, Kompleks Kementerian Komunikasi dan Multimedia, Lot 4G9, Persiaran Perdana, Presint 4, 62100 Putrajaya, Malaysia

 

14. How to contact us

If you have any questions, comments or complaints regarding this Privacy Statement or the processing of your personal data, please contact us via our contact page or write to us at  

Designation: ISEA Head of Sustainability & Communications

Adress: Suite 8.01 & 9.01, Level 8 & 9, The Gardens South Tower, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur.

Email: communicationsMY@danone.com

Telephone No.: 03 – 2988 1688

Fax No.: 03 – 2287 9256

 

15. Changes to our Privacy Statement

We may update our Privacy Statement from time to time (for example, to comply with changes in laws or regulations, our practices, procedures and organizational structures, requirements imposed or recommended by supervisory authorities or otherwise). Any changes we make to our Privacy Statement in the future will be posted on this page and will be applicable on the effective date of implementation. Where we are legally required to do so, we will notify you of any changes. Please check back frequently to see any updates or changes to our Privacy Statement.  

This Privacy Statement was last updated on April 4, 2024.