Nestlé Website Terms and Conditions
Thank you for visiting this website. Please be sure to read the Terms and Conditions contained in this document carefully since any use of this website constitutes your acceptance of the Terms and Conditions set out herein. Throughout this site, the terms "we", "us", "our" "Nestlé" and "Nestlé Group" refer to Nestlé (Malaysia) Berhad and any of its subsidiaries, related and/or affiliated companies as appropriate in the context.
Accuracy, completeness and timeliness of information
We are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk.
You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.
Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential.
Anything you transmit or post becomes the exclusive property of the Nestlé Group and may be used, without any restriction for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, the Nestlé Group is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any remarks, ideas, artwork, inventions, developments, suggestions, concepts or the like contained in any communication you send to this website.
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 Nestlé Group's use will not violate any third party's rights. The Nestlé Group however, is under no obligation to use the information submitted.
Intellectual property rights
All copyright and other intellectual property rights in all text, images and other materials on this website are the property of the Nestlé Group or are included with the permission of the relevant owner.
You are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals.
This is only to be done on the proviso that you keep intact all copyright and other proprietary notices and that the above trademark notice appears on such reproductions. No reproduction of any part of this website may be sold or distributed for commercial gain/profit nor shall it be modified or incorporated in any other work, publication or website.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this website belong to, or are exclusively licensed to the Nestlé Group. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website.
Your use/misuse of the Trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that the Nestlé Group will aggressively enforce its intellectual property rights to the fullest extent of the law including criminal prosecution for serious offences.
Links to other websites
Links on the Nestlé Group websites may take you outside the Nestlé Group network and the Nestlé Group accepts no responsibility for the content, accuracy or function of these other websites.
The links are provided in good faith and the Nestlé Group cannot be held responsible for any subsequent change in other websites to which we provide a link.
The inclusion of any link to other websites does not imply endorsement by the Nestlé Group.
We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
Warranties and Disclaimers
Your use of this website is exclusively at your sole risk.
This website is provided to you on an "As Is" and "As Available" basis and, consequently, the Nestlé Group gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this website will be uninterrupted or error-free; that this website will be secure; that any advice or opinion obtained from the Nestlé Group through this website is accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.
We reserve the right to restrict or terminate your access to this website or any feature of this website or any feature or part thereof at any time.
The Nestlé Group nor any other party involved in the creating, producing or delivering this site on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or from any actions we take or do not take as a result of any electronic mail messages you send us.
The Nestlé Group nor any other party involved in the creating, producing or delivering this website shall have no responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Further, the Nestlé Group shall have no liability or any responsibility whatsoever for any losses or damages suffered or caused by viruses that may infect your computerequipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.
You are prohibited from doing any act that the Nestlé Group in its reasonable discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
- Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals;
- Using this website to defame or libel the Nestlé Group, its employees or other individuals or acting in such a way that brings into disrepute the good name of the Nestlé Group;
- Uploading files that contain viruses that may cause damage to the property of the Nestlé Group or the property of other individuals.
You and the Nestlé Group agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by Malaysian law and be submitted to the exclusive jurisdiction of the courts of Malaysia.
Legal notice update
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and any new additional information.
Thank you for visiting this website. We hope you enjoy learning more about Nestlé and our products. Nestlé (Malaysia) Berhad (“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.
It is fundamentally important that you are informed that Nestlé is the Data Controller (please see Question 17 of this Notice) of your personal information.
The principles set out in this Privacy Notice apply to all Data Controllers in the Nestlé Group (meaning Nestlé as Holding Company, its subsidiaries related and/or affiliated companies).
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 at the address given in Question 5 below.
NESTLÉ POLICY ON PRIVACY
Q1- What personal information does Nestlé collect through this website and how does Nestlé collect it?
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.
Alternatively, you may want to develop your career with Nestlé and apply for job vacancies by posting your CV on our on-line recruitment sites. 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?
Only authorized Nestlé Group (meaning Nestlé as Holding Company, subsidiaries and its related and affiliated companies) employees, Third Party companies (i.e. service providers) or our business partners' authorised employees (who have contractually agreed to keep all information secure) have access to your personal information.
In addition, agreements 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?
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?
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, if any.
Q5 -How can you see, check, change or delete the Personal Information you send to us?
You may also request for the details on the information that Nestlé has on you be deleted, corrected or revised by sending an e-mail via http://www.nestle.com.my/Contact+Us.htm or a letter to:
Nestlé House 4, Lorong Persiaran Barat 46200 Petaling Jaya Selangor Darul Ehsan Malaysia.
Q6 -Which countries will your personal information be sent to and why?
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 related and/or affiliated 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 an agreement that ensures a high standard of privacy protection and requires (amongst other provisions) that it act 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. 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?
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 (non-Nestlé Group) 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 you 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?
Nestlé may store the personal information that you send to us via this website in its separate 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?
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 18 If you are under the age of 18, 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 18 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. 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?
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 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?
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?
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.
Personal information gathered from polls and surveys are for Nestlé internal use only but aggregated information may be shared with others.
Q14 -Can Nestlé change the terms of this Privacy Notice?
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.
Q15 -Where can I find more information on the legal issues concerning Nestlé websites and my legal rights and responsibilities?
As Nestlé (Malaysia) Berhad is a Malaysian-based company the laws that govern and apply to this website are those of Malaysia.
For more detailed information please consult the Nestlé Website Terms and Conditions available by clicking on this link or directly on this web page.
Q16-Which address is available for me to contact Nestlé if I have other questions regarding my personal information?
The address is: http://www.nestle.com.my/Contact+Us.htm, or
Nestlé House, 4 Lorong Persiaran Barat, 46200 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
Q17 -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)?
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 (Malaysia) Berhad.
"Third Parties" for the purposes of this Privacy Notice means any company not under control of Nestlé (Malaysia) Berhad through either direct or indirect ownership. "Nestlé" and "Nestlé Group" in this Privacy Notice all refer to Nestlé (Malaysia) Berhad, its subsidiaries and/or related and affiliated companies as appropriate to the context.
Q18-IMPORTANT –Why do I have to accept the terms of this Privacy Notice?
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 indirect personal 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.