Privacy policy - NutrICalculator

NutriCalculator Privacy Statement (GB-FR)

Shape Your trust matters, and this privacy statement (“Statement”) shows the measures we take to protect your personal data and process it in a responsible manner. This Statement applies specifically to any HealthCare Professionals (“HCP”) using (or intending to use) the NutriCalculator Web app .

NutriCalculator Web app (“NutriCalculator”)

The NutriCalculator is a tool published by NUTRICIA INTERNATIONAL B.V. and aimed at providing HCPs with a quick method to best match their patient’s energy and protein needs with some clinical nutrition products available.
The terms of use of the NutriCalculator are available here [LINK].
As stated in the terms of use, the NutriCalculator is intended to be used without submitting any information that could be used by NUTRICIA INTERNATIONAL B.V. to identify a patient.

What this Privacy Statement contains:

This Statement describes the following important topics relating to your personal data (you can click on the links to find out more) as processed in the context of the NutriCalculator. Each topic also comes with a handy summary (“Essentials”), which is intended as a guide to help you easily find information that is specific to this Statement (compared to typical privacy statements you may see elsewhere).

Who are we?

What personal data do we collect and how?

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

Profiling and automated decision making.

Sharing personal data with third parties.

Sharing personal data internationally.

How we protect your personal data.

How long we store your personal data.

Your rights.

How to contact us.

Changes to our Privacy Statement.

This Statement therefore does not cover the processing you or your healthcare institution carry out in your own capacity as controller of patient- or HCP-related personal data.

1. Who are we?

Essentials: Nutricia International B.V. is in charge of the processing of your personal data.

Nutricia International B.V. is responsible for the personal data regarding you that you share with us. When we say “Nutricia”, “us”, “our” or “we”, we are referring to Nutricia International B.V.. In accordance with regulations applicable to the processing of personal data, Nutricia International B.V. is the “controller”.

You will find full contact details for Nutricia International B.V. in part 10 of this Statement including the details of our Data Protection Office.

2. What personal data do we collect and how?

Essentials: The data we have regarding you is contact and login information, and information regarding the calculations you have carried out. This information comes from you or your healthcare institution, as well as cookies or similar technologies. We do not collect any information enabling us to identify the patients for whom you carry out calculations on the NutriCalculator.

Sources of personal data
We collect personal data from you directly or from your healthcare institution, when you set up your access to the NutriCalculator or during your use thereof.
Some of this data is collected automatically via cookies and similar tracking technologies of Danone and also of third parties. See our Cookie Statement [LINK] for further details on this.

Personal data that we collect
We collect personal data as necessary for our processing purposes and therefore in function of our relationship with you. Depending on the circumstances the personal data collected and processed could belong to the following categories:

Professional contact data: such as your title, name, email address, physical address, telephone number(s), language of communication;
Your electronic identification data: such as required for access to Nutricia services and applications (e.g. login, access rights, passwords, IP address, online identifiers/cookies, log files, date and time of access and login, image or sound recordings such as video surveillance when you are in our premises);
User Data: such as data relating to your user profile or data provided directly by you through forms and surveys;
Your preferred language; and
Any other information that you provide to us in the course of our interactions with you.

In addition, we collect information regarding your practice/hospital/institution/healthcare center; insofar as this does not relate to you as a natural person, such information falls outside of the categories above and more broadly outside of the scope of this Statement.

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

Essentials: Your data is collected and used for purposes such as performing our agreement with you (e.g. orders, payments), responding to your enquiries, personalizing your experiences, improving our products, services and processes, and complying with our obligations or defending our rights. The legal ground for the processing depends on the precise purpose, but can be based on the contract with you, based on Danone’s legitimate interests (see detail in the explanation) or based on Danone’s own legal obligations.

Nutricia International B.V. processes your personal data for specific purposes and only where we have a legal basis for doing so. Further information regarding these purposes and our legal bases are set out below (subject to our relationship with you):

Our purpose(s) for processing your personal data

Our legal basis

Performing our agreement with you

To enable you to access and use via our apps and websites (1)

To send you communications regarding your account and offer necessary customer service (2)

(1) Necessary to perform our obligations under an agreement with you or to take steps prior to entering such agreement

(2) Legitimate interests* of Danone to ensure the fulfilment of orders with our suppliers

Managing our relationship with you

To receive and respond to enquiries from you about our products and services, to provide you with information related to a service or club that you have requested, to confirm the availability of a product you wanted to purchase and you have asked us to inform you about (1) (2)

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 (1) (2)

To provide you with information about any changes to our terms and conditions or this Statement (2)

To keep track of our interactions with you (1)

To verify your credentials, authenticate your identity and create and administer your account(s) with Danone (2)

To keep a record of your consent and to manage your data subject rights requests (2)

(1) Legitimate interests* of Danone to provide consistent and high quality customer service

(2) Necessary to perform our obligations under an agreement with you

Personalizing your experiences and marketing our products and services

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 (1)

To create profiles (e.g. groups that may have common characteristics) based on shared interests, preferences and other information (or a combination of them) that help us to understand which products and services will appeal to you (1)

To create customer categories (segments) of people that have common interests and preferences (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 (2)

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 (2)

To send you updates, news, promotional, marketing and other communication materials (e.g. telephone, post, email, social media and instant messaging applications) 2)

To determine the effectiveness of our communications, promotional campaigns and advertising, including by analyzing information collected with the help of external sources (1)

(1) Legitimate interests* of Danone to (i) provide you with a relevant personalized service; (ii) undertake effective traditional marketing campaigns; and (iii) to improve the relevancy of marketing content for you

(2) Consent (where required by applicable laws)

Improving our products and services

To manage, develop and improve our products, services and communications (1)

To ask you to leave a review, provide feedback or complete a customer survey or participate in market research (1)

To display and review any testimonials or reviews you leave on our websites, apps and services for other customers to see (2)

To understand your interactions on social media where you mention one of our brands (1)

To understand and build our corporate and brand image/reputation (1)

(1) Legitimate interests* of Danone: (i) to invest in and roll our new products to benefit the communities in which we operate; (ii) to improve its existing products and services; (iii) to manage our brand image and reputation

(2) Consent (where required by applicable laws)

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 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 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

To deliver on our sustainability agenda

(1) Legitimate interests* of Danone: (i) to operate and ensure the security of its websites and apps; (ii) monitor the functionality and user-friendliness of its website and apps; (iii) to maintain quality of customer service and train new staff; and (iv) for the purposes of completing necessary group administrative purposes

Other purposes

To follow applicable laws and regulations (2)

To respond to requests from competent public authorities (2)

To authenticate your identity for security purposes, as well as where we are required to do so in accordance with a legal obligation (1)

To establish exercise or defend our legal rights and to investigate and take action against illegal or harmful behavior of users (1)

To provide our expertise for more informed decision-making, in a collaborative and transparent environment with decision-makers and other relevant stakeholders (1)

(1) Legitimate interests* of Danone to ensure the security of its services and processes, to meet its legal obligations and to defend its rights

(2) 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.

Whenever we collect and use your personal data on the legal basis of our legitimate interests, we take measures to safeguard your rights as an individual.

4. Sharing personal data with third parties

Essentials: Subject to adequate safeguards, your personal data may be shared, depending on the purposes of processing, with affiliates, third-party service providers and subcontractors, business transfer recipients (e.g. in the event of an acquisition) and legal disclosure recipients (such as authorities, but only where they are legally entitled to demand access).

In order to perform the purposes set out in this Statement, we may share your personal data with affiliates and other organizations as described below. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal data.

In particular we will share with:

Other Danone companies/entities: Where it is necessary and in our legitimate interests to do so for internal administrative purposes (for example, ensuring consistent and coherent delivery of products to our customers). An overview of Danone companies can be found here [LINK].
Third party service providers and subcontractors: Where it is necessary for the provision of a service. Including to assist us with fulfilling your orders and requests, to support with website/app development, provide cloud hosting services, assist in the organization of events and promotional activities, and provide analytics and optimization services relating to our websites and apps.
Business transfer recipients: We may disclose personal data, as part of any actual or contemplated merger, sale, transfer of Danone assets, acquisition, bankruptcy, or similar event, including related to due diligence conducted prior to such event, where permitted by law.
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.

Outside of these situations, 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. Notwithstanding anything else in this Statement, we may share aggregated or anonymous information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual.

When using our Apps/ Services/Products in your capacity as a Healthcare Professional you may be led to submit the personal data of other data subjects, such as patients. Please refer to the applicable terms of use to understand your and Danone’s respective rights and obligations in this respect, including your own obligation to inform such patients about the sharing of their personal data with Danone.

5. Sharing Personal Data Internationally

Essentials: If we need to share your personal data to affiliates or third-party organizations in different countries, we take legally required safeguards to ensure that the transfer is lawful.

In some instances it may be necessary to share personal data to other Danone companies or trusted third-parties operating outside the EEA or the UK. If we provide any personal data about you to any such non-EEA and non-UK members of our group or trusted third-parties, we will base such transfers on appropriate safeguards (such as the Standard Contractual Clauses or other approved data transfer or certification mechanisms) together with binding and enforceable commitments by the recipient. In each instance, Danone will assess the transfer and ensure that any additional technical and organizational measures are put in place to ensure that an adequate level of protection is provided.

6. How long we store your personal data

Essentials: We keep personal data until it is no longer needed to fulfil the purpose of processing, taking into account how long we might need to have it as well for evidence purposes or to manage complaints or queries.

We keep your personal data for no longer than necessary for the purposes for which the personal data is processed including as required to comply with applicable laws and regulations as well as to establish, exercise or defend our legal rights.

7. Your rights

Essentials: You have various rights in relation to your personal data, such as (depending on applicable laws) access to your personal data (including portability in some cases), the right to adapt or delete some personal data, the right to limit our processing in certain cases (e.g. through objecting to direct marketing or through withdrawing consent) and the right to complain to a data protection authority (the Dutch Data Protection Authority “Autoriteit Persoonsgegevens” being the lead authority for Nutritia).

Subject to applicable laws, you are entitled to a number of rights over the processing of your personal data. You may exercise these rights at any point by contacting us here [dpo.research@danone.com]. 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. We may request you to provide us with information necessary to confirm your identity before responding to any request you make.

You have the following rights:

The right to access: subject to exceptions, you have the right to request access to the personal data we hold about you;
The right to rectification: if the personal data we hold is inaccurate you are entitled to have it updated or rectified;
The right to deletion: subject to exceptions, you can ask us to delete your personal data.
The right to object: under certain circumstances, you have the right to ask us to stop processing your personal data. For example, you may object to processing for direct marketing activities (for example, by clicking on the unsubscribe link in our emails) and where we are relying on our or a third party’s legitimate interests to process the personal data (unless we can demonstrate compelling legitimate grounds to continue processing your personal data);
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;
The right to restriction of processing: under certain circumstances you have the right to restrict the processing of your personal data such as if you believe (i) the personal data we have about you is accurate; (ii) the personal data is not being processed lawfully, but instead of deleting the personal data, you would prefer us to restrict processing instead; or (iii) we no longer need your personal data for the purposes we collected it, but you require the data in order to establish, exercise or defend legal claims;
The right to data portability: under certain circumstances you have the right to obtain Personal Data you've provided us with (in a structured, commonly used and machine-readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice; and
The right to lodge a complaint with a supervisory authority: you also have the right to file a complaint to the data protection authority in the country where you usually live or where the alleged infringement of applicable data protection laws has taken place.

The lead authority for the Dutch Data Protection Authority “Autoriteit Persoonsgegevens”.

8. How to contact us

Essentials: Use the contact page [LINK] to reach us, or get in touch with our Data Protection Office (see details enclosed).

If you have any questions, comments or complaints regarding this Statement or the processing of your personal data, please contact us via our contact page [LINK] or write to us at [Nutricia International B.V, Taurusavenue 167, 2132 LS Hoofddorp, The Netherlands] or write to the relevant Danone entity in your country of residence [LINK TO DANONE ENTITIES].

You can also contact us via privacy.SN@danone.com / DPO.Benelux@danone.com.
Finally, you can contact our Data Protection Office via email at dpo.group@danone.com

9.Changes to our Privacy Statement

Essentials: Check frequently to see if there are any updates, but we may also notify you of changes where legally required.

We may update our Statement from time to time (for example, to comply with changes in laws or our processing activities). Any changes we make to our 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 Statement.

This Statement was last updated on dec 2023.