Terms and Conditions, Privacy Policy and Q&A
Terms and Conditions
Conditions of Use - Please Read Carefully
Thank you for visiting the Nestlé HealthCare Nutrition website. Our lawyers
have asked us to communicate a few key points (terms and conditions) to you.
They are listed below and by accessing this web site you are agreeing to the
following terms and conditions.
Copyright, Trademark and Related Issues
This web site belongs to Nestlé. The copyright to the contents of this
web site is owned by Nestlé or other third parties that have licensed their
content to Nestlé or any of its affiliates. Users may download material from
this web site for their own personal, non-commercial use only, and provided
all copyright notices are kept intact. Any other copying, redistributing, or
publishing of any part of this site in any manner is prohibited.
Any non-personal information, communications or material you submit to this
web site, by e-mail or otherwise, is non-confidential, and Nestlé is free to
use and reproduce such information freely, and for any purpose. Specifically,
Nestlé is free to use any ideas or concepts contained in any such communication
for any purpose whatsoever, including developing, manufacturing, advertising
and marketing products. Any such use is without compensation to the party submitting
information. By submitting information, you are also warranting that you own
the material/content submitted, that it is not defamatory, and that the use
by Nestlé will not violate any third party's rights. Nestlé is under no
obligation to use the information submitted.
The trademarks, logos, characters and service marks (collectively "Trademarks")
displayed on this web site belong to Nestlé. Nothing contained on this
web site should be construed as granting any license or right to use any Trademark
displayed on this web site. Your use/misuse of the Trademarks displayed on
this web site, or any other content on this web site, except as provided in
these Terms and Conditions and the Privacy Policy, is strictly prohibited.
You are also advised that Nestlé will aggressively enforce its intellectual
property rights to the fullest extent of the law, including criminal prosecution.
Linking
This web site may contain links to other web sites. These links are to companies
or organizations we believe may be of interest to you. Nestlé is
not responsible for the content of any other site or for ongoing review of
other sites. Please be mindful of this as you link to other sites.
In general, Nestlé does not object to links to this web site from third-party
sites. However, you must abide by the following rules:
Unless we have a written agreement with you, you may not use any of the Trademarks
as well as other Nestlé trademarks, logos or slogans in or with your links,
except that you may link to this web site using the plain text name of the
web site. Do not present the link to this web site in any way that suggests
Nestlé has any relationship or affiliation with your web site or endorses,
sponsors or recommends the information, products or services on your web site,
unless you have a specific written agreement with Nestlé to do so. Link
only to the home page of this web site. Do not, without Nestlé’s written permission:
(a) incorporate any content from this web site into your site (e.g., by in-lining
or framing); (b) use the Trademarks or any other Nestlé names, trademarks,
logos, slogans, or any other words or codes identifying Nestlé web sites in
any "metatag" or other information used by search engines or other
information location tools to identify and select web sites. Nestlé will
not tolerate links from any obscene, scandalous, profane, defamatory, unlawful
web site, or any web site that may adversely affect the name, reputation and
goodwill of Nestlé and its products. Nestlé reserves the right to
cancel permission to link at any time, for any reason.
Limitation of Liability
Your use of and browsing on this web site are at your own risk. Neither Nestlé nor
any other party involved in creating, producing or delivering this web site
is liable for any direct, incidental, consequential, indirect or punitive damages
arising out of your access to, or use of, this web site. Without limiting the
foregoing, everything on this web site is provided to you "as is" without
warranty of any kind, either expressed or implied, including, but not limited
to, the implied warranty of merchantability, fitness for a particular purpose,
or non-infringement. In no event shall Nestlé or any of its affiliated
companies be liable for any damages or loss of information caused by any defect
in hardware or software related to the use of this web site, or any linked
to from within. Nestlé and any of its affiliated companies do not warrant that
the use of the web site in question will be uninterrupted or error free or
that it does not contain viruses and disclaim any and all other warranties,
express or implied.
The responsible legal entity for this web site isNestlé UK Ltd(herein referred
to as “Nestlé”).
Nestlé may revise these terms and conditions by updating this posting.
Privacy Policy
Thank you for visiting the UK Nestlé HealthCare Nutrition website. This privacy
policy tells you how Nestlé uses the information collected at this web site.
Please Read This Privacy Policy Before Using the Web Site or Submitting
Any Information.
By ticking the checkbox and using the web site, you are accepting the practices
described in this privacy policy. These practices may be changed, but any changes
will be posted and changes will only apply to activities and information going
forward, not on a retroactive basis. You are encouraged to review the privacy
policy whenever you visit the web site to make sure that you understand how
any information you provide to us will be used.
What We Collect and How We Use It
We collect business and personal information, like your name, your company’s
postal address, e-mail address, line of business classification, etc., when
submitted by our visitors. The information you provide is used to fulfil your
specific request. For example, to sign-in for the "My Nestlé" section
of the web site; to receive a copy of the Nestlé Professional Newsletter;
to receive product and promotions information; and to enter a specific sweepstakes
or other online promotion.
Except for the limited instances noted below, we do not share personally identifiable
information collected at this web site with third parties.
The exceptions are:
- We share your information with our partner agencies who assist us in administering
the web site and various programs and promotions. They can only use
the information to administer our site and programs. These agencies
are bound to keep your information private and secure.
- With your understanding and approval, we may provide your information to
a Nestlé distributor.
- From time to time we may run a joint promotion on this web site with another
company or organization. You will always be advised if another company is
also collecting information, and you will always be able to access
that company's privacy policy.
- We may also disclose business information if we are required to do so by
law or if in our good faith judgment, such action is reasonably necessary
to comply with legal process, to respond to any claims, or to protect the
rights of Nestlé, its customers and the public.
- We may share aggregated survey information, as opposed to individual information,
with third parties. This information is used to assist us in tailoring
the web site and our products to visitors and consumers.
- We may on occasion combine information we receive with outside records
to enhance our operator profiles for our own marketing purposes.
The information you provide to us will be stored for technical and costs reasons
at our global hosting service provider in the US. In compliance with Nestlé’s
global Data Protection Policy and to provide adequate safeguards for
the personally identifiable information collected at this web site and stored
and processed outside the European Economic Area, we have either signed a protection
of personal data agreement based on the EC standard contractual clauses with
this service provider or the service provider itself is safe harbour certified,
to guarantee all appropriate technical and organizational security measures
to be taken to protect your personal information.
Referrals
If you send a business contact or acquaintance an e-mail or a downloadable
application from the web site referring the acquaintance to this web site,
the "referral" information you provide is used on a one-time basis
to facilitate this communication and is not further retained by Nestlé.
Cookie / Tracking Technology
The web site may use cookie and tracking technology depending on the features
offered. Cookie and tracking technology are useful for gathering information
such as browser type and operating system, tracking the number of visitors
to the web site, and understanding how visitors use the web site. Further,
cookies can also help customize the web site for visitors and offer an efficient
manner to log into the sign-in sections of the web site. Personal information
cannot be collected via cookies and other tracking technology. However, if
you previously provided personally identifiable information, cookies may be
tied to such information. Aggregate cookie and tracking information may be
shared with third parties.
Information Security, Opting-Out, Changing and Accessing Information
Your personally identifiable information is kept secure. Only authorized Nestlé employees,
agents and contractors (who have agreed to keep information secure and confidential)
have access to this information. All e-mails and newsletters from this site
allow you to opt out of further mailings. If you want to access
information previously collected or you want to update them or have any questions
about this policy or our practices or you do not want the information stored
with us anymore, please contact us by email at nestlehealthcarenutrition@uk.nestle.com or
call us on 0208 667 5130.
General
The privacy practices set forth in this privacy policy are for this web
site only. Other Nestlé as well as other third party web sites accessible
through hyperlinks from this web site may have different practices. Nestlé has
no responsibility or liability for these independent practices. Please review
their privacy practices for yourself.
Nestlé has no intention of collecting personal information from children at
this web site.
Nestlé reserves the right to make changes to this privacy policy. Any changes
to this privacy policy will be posted on this web site.
The responsible legal entity for this web site is
Nestlé UK Ltd
(Registered Office)
St. Georges House
Croydon
Surrey
CR9 1NR
NESTLE POLICY ON PRIVACY
Key Questions and Answers.
Thank you for visiting this website. We hope you enjoy learning more about
Nestlé Nutrition and our products.
Nestlé respects your right to privacy in the on-line world when you use our
websites and communicate electronically with us. We put in place all necessary
measures to keep secure any personal information you give us.
This Privacy Policy sets out the data Processing practices carried out by
Nestlé in the use of the Internet and any other electronic communications networks.
It is fundamentally important that you are informed that Nestlé UK Ltd is
the Data Controller (please see Question 18 of this Notice) of your personal
information. . The principles set out in this Privacy Notice apply to
all Data Controllers in the Nestlé Group.
We asked ourselves a number of key questions that we believe you would
like answered about the personal information that you submit to Nestlé. These
answers will inform you of your rights relating to your personal information
and the measures that Nestlé takes to maintain the privacy and security of
this personal information. We trust you find this information helpful.
If you have any requests concerning your personal information or any queries
with regard to these practices please contact Nestlé HealthCare Nutrition (Website
Data Manager, St. Georges House, Croydon, Surrey, CR9 1NR) at the address given
in Question 5 below.
______________________________________________________________
ATTENTION!
We designed this Privacy Notice so that you don't have to read all of it to
find an answer to a specific question.
If you want to read all of it – please feel free to do so. It's set out in
full below.
Please click on any of the questions below and you will be directed
to the relevant answer in the main text.
______________________________________________________________
Q1 What personal information does Nestlé collect through
this website and how does Nestlé collect it?
Q2 How does Nestlé keep your personal information secure?
Q3 What purposes does Nestlé use your personal information
for?
Q4 Who does the Nestlé Group disclose your personal information
to and why?
Q5 How can you see, check, change or delete the personal
information you send to us?
Q6 What countries will your personal information be sent
to and why?
Q7 COOKIES ("Tracking Technology") – How and why
does Nestlé use them?
Q8 E Marketing - What is SPAMMING and what is Nestlé's position
on SPAM e-mails?
Q9 How long does Nestlé keep your personal information for?
Q10 What is Nestlé's policy on children using and communicating
with our websites?
Q11 Does Nestlé link to other Third Party websites and what
happens to my personal information when this linking happens?
Q12 What happens to my personal information when I e-mail
a Nestlé web page to someone else?
Q13 What happens to my personal information if I participate
in an on-line survey from Nestlé through this website?
Q14 What is One-Time Registration?
Q15 Can Nestlé change the terms of this Privacy Notice?
Q16 Where can I find more information on the legal issues
concerning Nestlé websites and on my legal rights and responsibilities?
Q17 Which address [es] are available where I can contact
Nestlé if I have other questions regarding my personal information.
Q18 Which specific terms with legal definitions are used
in this Nestlé Privacy Notice?
Q19 IMPORTANT – Why do I have to accept
the terms of this Privacy Notice?
__________________________________________________________
NESTLE POLICY ON PRIVACY
Q1 What personal information dos Nestlé collect
through this website and how does Nestlé collect it?
A We only collect personal information that YOU want
to provide to us or that is needed to provide (and improve) our service to
you. We collect direct personal information such as name, address and e-mail
address as well as indirect information such as cookies, connection and system
information.
You may want to give us your e-mail address, name, telephone number etc. so
that we can provide you with information on our products; enter you into our
competitions or surveys; or just keep you updated about exciting Nestlé developments
that you are interested in.
You can be confident that Nestlé takes all necessary measures to keep any
personal information you send to us private and secure.
Q2 How does Nestlé keep your personal information secure?
A Nestlé takes all necessary measures to keep your personal
information private and secure. Only authorized Nestlé Group
staff, Third Party companies (i.e. service providers) staff or our business
partners' authorised staff (who have contractually agreed to keep all information
secure) have access to your personal information. All Nestlé staff who have
access to your personal information are required to adhere to the Nestlé Group
Privacy Policy and all Third Party employees who have access to your personal
information have signed non-disclosure agreements. In addition, contracts are
in place with third-party companies that have access to your personal information,
to make sure this information remains secure. To ensure your personal information
is protected, Nestlé maintains a secure IT environment and has the appropriate
measures in place to prevent unauthorised access (i.e. hacking).
Please see Question 4 – Who does the Nestlé
Group disclose your personal information to and why?
Q3 What purposes does Nestlé use your personal information for?
A Your personal information will be used for the purposes
for which you provided it to Nestlé. It will also be used to administer, support
and obtain feedback on the level of our services and to prevent breaches of
security, the law or our contract terms.
Q4 Who does the Nestlé Group disclose your personal information to
and why?
A Nestlé will never share your personal
information with any Third Party business organisation that intends to use
it for direct marketing purposes unless you have given us specific permission
to do this.
For Nestlé's policy on: (i) direct marketing by e-mail; (ii) your right to
ask Nestlé at any time NOT to contact you by way of
direct e-mail marketing; and (iii) also your right to delete your personal
information from our systems – please see Questions 8 & 5 respectively.
Nestlé may share your personal information with other companies within the
Nestlé Group of companies. Nestlé may also share your personal information
with Third Parties but only in the strictly limited circumstances set out below:
-
- We may supply your personal information to Third Parties (such as our internet
service providers) who help us administer this website. Some of these business
partners may be located outside the country where you accessed this website.
Our main service provider for web hosting is in the United States. Please
see Question 6 – "Which countries will your personal
information be sent to and why?" These Third Parties must at all
times provide the same levels of security for your personal information as
Nestlé and, where required, are bound by a legal agreement to keep your personal
information private, secure and to process it only on the specific instructions
of Nestlé.
- We may also supply your personal information to government bodies and law
enforcement agencies if: we are required to do so by the requirements of
any applicable law; or if in our good faith judgment, such action is reasonably
necessary to comply with legal process; to respond to any legal claims or
actions; or to protect the rights of the Nestlé Group or its customers and
the public.
- We may, in a few limited circumstances, supply your personal information
to potential acquirers of any relevant Nestlé business but provided that
(i) we have contractually ensured that this information is kept private and
secure; and (ii) that when supplying this personal information Nestlé complies
with the applicable local laws.
Q5 How can you see, check, change or delete the Personal Information
you send to us?
A You have the right in a number of countries to ask companies
(such as Nestlé) to provide you with all the information it stores on you.
Certain national laws may require you to pay a small charge for this activity.
You may also have your personal information deleted, corrected or revised by
sending an e-mail to nestlehealthcarenutrition@uk.nestle.com or
a letter to Nestlé HealthCare Nutrition, Website Data Manager, St. Georges
House, Croydon, Surrey, CR9 1NR
Q6 Which countries will your personal information be sent to and why?
A Nestlé is a global company and your personal information
may be transferred across international borders. It may be transferred
to countries that have different levels of data protection laws to the country
from where you submitted your personal information. Your personal information
may also be transferred between different companies of the Nestlé Group located
in different countries. Nestlé takes the appropriate measures to maintain security
of the personal information both during transit and at the receiving location.
The server that makes this website available may be located outside the country
from which you have accessed this website. Our main hosting provider for most
Nestlé websites is based in the United States. This provider is bound by a
contract that ensures a high standard of privacy protection and requires (amongst
other provisions) that it acts only on Nestlé instructions and implements all
technical measures necessary on an ongoing basis to keep your personal information
secure.
Q7 COOKIES ("Tracking Technology") – How and
why does Nestlé use them?
Nestlé does make use of tracking technology ('Cookies') to
gather such personal information as browser type and operating system, referring
page, path through site, domain of ISP etc. for the purpose of understanding
how visitors use this website. Cookies help us tailor this website to your
personal needs.
Nestlé keeps all the information collected from cookies in a non-personally
identifiable format. This type of information obtained through cookies will
not be disclosed outside the Nestlé Group or designated Third Parties. It will
not be used for unsolicited communications.
Cookies located on your computer do not contain your name but an IP address.
After the user's session is cancelled the information contained in the cookies
is no longer available to Nestlé.
Please ensure that your computer setting reflects whether you are happy to
accept cookies or not. You can set your browser to warn you before accepting
cookies, or you can simply set it to refuse them, although you may not have
access to all the features of this website if you do so. See your browser "help" button
for how you can do this. You do not need to have cookies on to use or navigate
through many parts of this and other Nestlé websites. Remember that if you
use different computers in different locations you will need to ensure that
each browser is adjusted to suit your cookie preferences.
Q8 E Marketing - What is SPAMMING and what is Nestlé's position on
SPAM e-mails?
A Spamming is where unsolicited e-mails are sent to you containing
advertisements or marketing related materials without your consent.
Nestlé does NOT send SPAM e-mails. Nestlé itself uses an anti-SPAM
tool to protect our employees from SPAMMING. Sending e-mails without consent
is illegal in many countries. Nestlé will not use your personal information
(including your e-mail address) for direct marketing or follow-up communications
unless you give us your EXPRESS permission. This is called "OPT-IN" consent.
Also, Nestlé does not share your personal information with any Third Party
companies who will use your personal information for SPAM mails.
Nestlé websites give you the opportunity to receive marketing information
by e-mail. Every e-mail sent by Nestlé will give you the opportunity at any
time to stop receiving marketing e-mails.
If for some reason your believe you have received SPAM e-mail from a Nestlé
Group company please inform us immediately at the address given. For address
details please see Question 5 - How
can you see, check, change or delete the Personal Information you send to us?
Q9 How long does Nestlé keep your personal information for?
A Nestlé may store the personal information that you send
to us via this website in its databases such as its Customer Relationship Marketing
database. Your personal information will be kept by
the Nestlé Group only for as long as is reasonably necessary taking into consideration
our need to answer queries or resolve problems, provide improved and new services
and comply with legal requirements under applicable law(s). This means that
we may retain your personal information for a reasonable period after you stop
using Nestlé services or stop using this website. After this period, your personal
information will be deleted from all systems in the Nestlé Group.
We remind you that we have a right to have your personal information deleted
at any time. Please see Question 5 - How can
you see, check, change or delete the Personal Information you send to us (above)?
Q10 What is Nestlé's policy on children using and communicating with
our websites?
A We believe that it is highly important to protect the privacy
of children on-line and encourage parents or guardians to spend time on-line
with their children to participate in and monitor their e-activities.
We do not intentionally collect personal information from children under the
age of 13 except on some of our children's websites. On these websites, we
will collect such personal information in accordance with all local laws and
regulations applicable to the privacy rights of children. If parents or guardians
provide consent for the child to submit personal information, we will ask children
only for the personal information necessary to participate in the program for
which the child is registering.
Children specific Websites
Special note to Children under the age of 16
If you are under the age of 16, we advise that you speak with your parent or
guardian BEFORE giving your personal information to Nestlé websites. If you
are not sure you understand something in this section, you should ask your
parent or guardian for their help.
Special note to Parents of Children under the age of 16
We recommend that parents/guardians regularly check and monitor their children's
use of e-mail and other on-line activities.
Please make sure that your child does not give us personally identifiable information
on-line without asking your permission.
All visitors under the age of 16 will be asked to supply a parent or guardian's
e-mail address. This is so that we can forward to parents or guardians
a copy of every e-mail we are requested to send to children.
You can, at any point of time, check your child's personal information and
have it changed or deleted on-line. Alternatively, you can also ask us
to delete any of your child's information by sending us a deletion request
form by e-mail/postal mail/ fax to the address given in contact details set
out in Question 5 - How can you see, check, change or
delete the personal information you send to us?
Q11 Does Nestlé link to other Third Party websites and what happens
to my personal information when this linking happens?
A Nestlé links to other websites to offer you an opportunity
to review connected and interesting information related to Nestlé. These Third
Party websites are outside of our control and are not covered by this Privacy
Notice. If you access other websites using the links provided, the operators
of these websites may collect your personal information. Please ensure that
you are satisfied with the Privacy Policies of these Third Party websites before
you submit any personal information. Nestlé tries, as far as we can, to ensure
that all Third Party linked websites have equivalent measures for protection
of your personal information, but we cannot be held responsible legally or
otherwise for the activities, privacy policies or levels of privacy compliance
of these Third Parties.
Q12 What happens to my personal information when I e-mail a Nestlé
web page to someone else?
A Some of our websites may provide you with the opportunity to e-mail a web
page address to another person. For this feature to work, we may need
to collect your e-mail address and/or the e-mail addresses of those you send
the web page to. E-mail addresses collected in this way are not used
for any purpose other than to fulfill your request. These e-mail addresses
are not stored and are deleted immediately after your request is fulfilled.
Q13 What happens to my personal information if I
participate in an on-line survey from Nestlé through this website?
A From time to time, we may ask our website visitors to answer
survey questions. Surveys generally will relate to the content of the website,
our products or categories of products. We may ask for age or age ranges, gender,
and/or other non-personally identifiable information. For the purposes of these
surveys, we may add information obtained from cookies to your survey answers
but no personally identifiable information will be requested. The personal
information collected is not tied to any personal information that you may
already have given to us. Personal information gathered from polls and surveys
are for Nestlé internal use only but aggregated information (not capable of
personally identifying anyone) may be shared with others.
Q14 What is One-Time Registration?
A In order to make the registration process easier, we use
a one-time registration tool across many Nestlé websites. With this tool,
when you register with our website, this information can be automatically made
available to you for registration at other Nestlé website(s). Your personal
information remains protected and we always ask for your express consent or "Opt-In" to
receive information from Nestlé website(s) before you are added to any mailing
list.
Q15 Can Nestlé change the terms of this Privacy Notice?
A Nestlé will occasionally make changes
and corrections to this Privacy Notice. Please check this Privacy Notice regularly
to see the changes and how these may affect you.
Q16 Where can I find more information on the legal issues concerning
Nestlé websites and my legal rights and responsibilities?
A As Nestlé is a Swiss-based company the laws that govern
and apply to this website are those of Switzerland [or the national law
of the national website]. For more detailed information please consult
the Nestlé website legal terms and conditions (URL
Link for this) available by clicking on this link or directly on this
web page.
Q17 Which address (es) is available for me to contact Nestlé
if I have other questions regarding my personal information?
A The address is: e-mail to nestlehealthcarenutrition@uk.nestle.com or
a letter to Nestlé HealthCare Nutrition, Website Data Manager, St. Georges
House, Croydon, Surrey, CR9 1NR
Q18 Which terms have specific legal meanings in this Nestlé Privacy
Notice (they are highlighted for your ease of use with Capital Letters excepting
personal information simply because it is mentioned so often!)?
Personal Information can also be known as Personal
Data and means any information relating to you as a
natural person that is capable of directly or indirectly identifying you. (On
websites this is typically at least your e-mail address).
Processing of Personal Information means any operation
or set of operations which is performed upon your personal information whether
or not by automatic means including collection, recording, organisation, storage,
adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination, blocking,
erasure or destruction (i.e. effectively any activity that Nestlé
performs on or with the personal information that you send us).
"Data Controller" is the organisation alone
or jointly that determines the purposes and means of the Processing of your
personal information (i.e. the Nestlé entity operating this website
and collecting your personal information), which here
is Nestlé UK Ltd.
"Third Party / Parties" for the purposes of this
Privacy Notice means any company not under control of Nestlé S.A through either
direct or indirect ownership.
"Nestlé" and "Nestlé Group" in
this Privacy Notice all refer to Nestlé S.A. and its subsidiary companies (in
which Nestlé S.A. has control through either direct or indirect ownership)
as appropriate to the context.
Q 19 IMPORTANT – Why do I have to accept the terms of this Privacy
Notice?
A Nestlé is a global company that uses the Internet to collect
and process your personal information. This naturally involves the Processing
and transmission of your personal information across borders.
This Privacy Notice provides you with all information necessary (in an easily
accessible way) to make an informed choice as to whether to use this website
and to send your personal information to Nestlé or not.
Therefore, by browsing this website and communicating electronically with us,
you acknowledge and agree to our Processing of your indirectpersonal
information (cookies, connection and system information) in the manner set
out in this Privacy Notice.
If you ask us to provide a certain service to you (i.e. a competition, newsletter
or new product details etc.) we will need additional direct personal
information (name, address and e-mail address) from you. In this case,
we will ask you for your express consent to collect and use this personal information.
This personal information will be used only for the purposes for which you
gave it to us.
If you have any questions regarding this Privacy Notice please contact Nestlé
at the address given under Question 5 and we will be pleased
to assist you with any additional questions you may have.
CROYDON, June 2008
Copyright © Société des Produits Nestlé S.A. 2006