Nutricia Australia Pty Limited Privacy Policy

We know that you care how your personal information is used and we recognise the importance of protecting your privacy. For the purpose of being able to provide you with our products and services, we handle personal information about our customers, healthcare professionals, the personal guarantors of companies to which we supply our products, and visitors to, or members of, our websites, mobile applications, social media pages and other online mediums and digital platforms (the “Platforms”). 

This Privacy Policy explains how Nutricia Australia Pty Limited -ABN 99076246752 and our related group companies (“Nutricia,” “we” “our” and “us”) collect, use, store and disclose your personal information, and how you can contact us about the personal information we hold about you.

You have no obligation to provide any personal information requested by us.  However, if you choose not to, we may not be able to provide you with some of our services or products or access to some functionality of our Platforms.

  1. Our Privacy Commitment

  2. How do we collect personal information? 

  3. What personal information do we collect?

  4. Why do we collect, hold, use and disclose your personal information?

  5. Who do we disclose your personal information to?

  6. Professional Membership Programmes

  7. Automatic Data Collection Technologies and APIs

  8. How is your personal information held and secured?

  9. Access to and correction of personal information

  10. Direct marketing

  11. Anonymity and use of a pseudonym

  12. Business Transitions

  13. How to make a complaint

  14. Changes to this policy

  15. Contact Details

1. Our Privacy Commitment

We recognise the importance of, and are committed to, managing any personal information (including health information) that we collect in compliance with all applicable laws, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (set out in Schedule 1 of the Privacy Act)).

2. How do we collect personal information?

Where possible we will collect your personal information directly through our interactions with you.  This collection includes when:

  • you communicate with us via email, telephone (including our clinical care line, Nutricia At Home Service line and customer care line), SMS or social media;
  • you interact with us on our Platforms, including when you register an account on the Platform, or send or post queries or comments;
  • you fill in one of our forms, such as a customer registration form or credit application;
  • you register for programs to receive our products and support services through the recommendation of your healthcare professional, health facility or otherwise;
  • you participate in research activity, promotional activity, competition or promotion; and
  • you request certain products, samples or services from us or you otherwise correspond with us.

The information collected by us may also include personal information collected through tracking your use of the Platforms, as further detailed at section 7 below.

We may monitor and record phone calls for quality control or staff training purposes and other purposes related to the purpose for your call.  We will let you know at the time of the call if a call is to be recorded.

We may also collect your personal information from third parties, including, without limitation, health care professionals, hospitals and public agencies (“Third Parties”) for the purposes set in this Privacy Policy to verify information that you have provided to us, where it is unreasonable or impracticable for us to collect the personal information from you directly, or where you have authorised such collection from third parties.

In the event that we collect sensitive information as defined the Privacy Act (such as health information), we will only do so in accordance with and as permitted under the Privacy Act.  Generally, we will not collect sensitive information about an individual unless the individual consents to the collection of the information and the information is reasonably necessary for one or more of our functions or activities.

By providing personal information to your healthcare professional and/or hospital for the purposes of registering for our services or programmes (such as the Nutricia at Home Service or any other Nutricia Product or Patient Support Programme), you consent to the collection, storage and use of that information by us, and to the inclusion of your personal information in the Nutricia Patient Management Database, for the purposes set in this Privacy Policy.  Where we collect personal information from Third Parties, we will ensure that the information is only used for the purposes set in this Privacy Policy.

We have no intention of collecting any personal information directly from children, although parents or guardians may voluntarily provide us with information relating to their children.

You may provide information to be published or displayed (“posted”) on public areas of the Platforms, or transmitted to other users of the Platforms or third parties (collectively “User Contributions”).  If you use any discussion forum feature on the Platforms, be aware that any personally identifiable information you submit there can be viewed and used by other Platforms users.  Your User Contributions are posted on and transmitted to others at your own risk.  We cannot control the actions of those with whom you may choose to share your User Contributions.

3.What personal information do we collect?

The personal information we collect varies depending upon the purpose of the collection and the product or service we are providing you.  You should assume that when you provide us with information that we will retain it, unless we explicitly advise you otherwise.  Generally, we collect the following types of personal information from you:

  • contact information, such as name, email address, physical address and telephone numbers;
  • demographic information, such as date of birth and gender;
  • pregnancy information, such as due date and date of conception;
  • access information, such as IP address;
  • health information including, without limitation, your medical history and prescription history to the extent required for the purposes set in this Privacy Policy;
  • information to support the processing and delivery of product and/or services orders;
  • usage of our Platforms, including the content you access and any services you utilise (such as search queries entered, pages you have accessed and as more particularly described at section 7 of this Privacy Policy below);
  • any other information you voluntarily provide to us (this may include health information);
  • credit-related information (such as your credit history, trade references, credit reports, any credit rating or credit assessment derived from a credit report); and
  • other records of your dealings with us.

Additionally, for certain purposes, such as where you apply for employment with us, we will collect additional personal information such as your employment history, educational history and employment references.

We may also collect personal information about third parties from you, such as personal information about your family members, so that we can provide products and services to those third parties.  If you provide personal information about a third-party individual to us, you must ensure that the third-party individual is aware of this Privacy Policy, understands it and agrees to accept it.  If you provide personal information about a third-party individual and that individual does not have the capacity to understand and agree to these terms (for example, a child), you warrant that you are authorised to disclose that information to us for our collection, use and disclosure for the purposes set out in this Privacy Policy.

When we collect credit card information, we do not retain a written record of that information.  However, we enter the details into our third party credit card payment gateway hosted by Payment Express (in the case of Nutricia at Home), or Adyen, who do store the information.  These third parties’ privacy policy and contact details can be found at www.paymentexpress.com and www.adyen.com.

4. Why do we collect, hold, use and disclose yuor personal information?

We may collect, hold, use and disclose your personal information for any purpose which is stated to you at the time of collection, or that you otherwise authorise, and for the following purposes:

  • to communicate with you;
  • verification of your identity for use of the Platforms, and to assist you if you forget your username or password for any of the services we provide to you via the Platforms;
  • to conduct address verification or credit checks for invoicing and billing purposes;
  • to assist in providing better services to you by tailoring them to meet your needs;
  • to provide you with further information about us or other platforms or goods or services offered by us or third parties which we consider may be of interest to you;
  • to carry out marketing, promotional and publicity purposes including direct marketing, market research and surveys;
  • to keep the Platforms relevant and of interest to users; and
  • to customise the Platforms to your preferences and to show you advertising and information that is most relevant to you and your interests based on the information you have provided to us or we have otherwise collected.

If you provide information to us for a specific purpose, for example to apply for employment with us, we will use the information for that purpose.

We will collect your personal information so we can provide you with the products, services, payments processing and/or information that you have requested or have registered for, including for the following purposes:

  • Customer care: We collect personal information from you if you purchase our products for general customer care purposes, to process your payments, provide you with your order status, deal with your enquiries and requests, and assess and handle any complaints. We also collect personal information to develop and improve our products, services, communication methods and the functionality of our Platforms.
  • Sales Promotions, Competitions, Surveys and registration to attend our events: We collect personal information when you respond to one of our promotions, competitions or surveys or when you register to attend an event in order to inform you if you have won a prize, to place you on a guest-list to the event, and to help us better understand what products and services you would like to receive information about in the future. Entry to a promotion or competition is usually conditional on providing the requested information.  If the information is not fully supplied the entry may be void.
  • Home care: We collect personal information (including health information) about you from your healthcare professional and/or hospital for the purposes of registering you for, and providing to you, our services or programmes (such as the Nutricia at Home Service and any other Nutricia Product or Patient Support Programme you are to be registered for), and for inclusion in the Nutricia Patient Management Database. This Database relates to all relevant programmes provided by Nutricia, including the Nutricia at Home Service and all other Nutricia Product or Patient Support Programmes. The Nutricia Patient Management Database enables us to adequately support and service patients, carers and their respective healthcare professionals.
  • Health care professional: Working with your health care professional to provide our products and/or services to you that you have requested or have registered for.
  • Credit assessment, reporting and debt collection purposes: We may collect personal information about you and your credit arrangements in order to assess your credit application (including to decide whether or not to accept you as a personal guarantor of a business to which we may supply our products on credit).  We may also use your personal information to collect payments and debts, including to exercise a guarantee if there has been a credit default. We may obtain and disclose your personal information to, and from, credit reporters and debt collection agencies in order to, obtain or assist with, their credit reporting and debt collection services and for our credit assessment and debt collection purposes. In applying for credit, you agree and authorize that we can do so. 
  • Administration and legal purposes: We also collect personal information for internal record-keeping and administration purposes and as required or authorised by law or a court / tribunal order, and to protect our legal rights.

5. Who do we disclose your personal information to?

We may collect, hold, use and disclose your personal information for any purpose which is stated to you at the time of collection, or that you otherwise authorise, and for the following purposes:

  • to communicate with you;
  • verification of your identity for use of the Platforms, and to assist you if you forget your username or password for any of the services we provide to you via the Platforms;
  • to conduct address verification or credit checks for invoicing and billing purposes;
  • to assist in providing better services to you by tailoring them to meet your needs;
  • to provide you with further information about us or other platforms or goods or services offered by us or third parties which we consider may be of interest to you;
  • to carry out marketing, promotional and publicity purposes including direct marketing, market research and surveys;
  • to keep the Platforms relevant and of interest to users; and
  • to customise the Platforms to your preferences and to show you advertising and information that is most relevant to you and your interests based on the information you have provided to us or we have otherwise collected.

If you provide information to us for a specific purpose, for example to apply for employment with us, we will use the information for that purpose.

We will collect your personal information so we can provide you with the products, services, payments processing and/or information that you have requested or have registered for, including for the following purposes:

  • Customer care: We collect personal information from you if you purchase our products for general customer care purposes, to process your payments, provide you with your order status, deal with your enquiries and requests, and assess and handle any complaints.  We also collect personal information to develop and improve our products, services, communication methods and the functionality of our Platforms.
  • Sales Promotions, Competitions, Surveys and registration to attend our events: We collect personal information when you respond to one of our promotions, competitions or surveys or when you register to attend an event in order to inform you if you have won a prize, to place you on a guest-list to the event, and to help us better understand what products and services you would like to receive information about in the future.  Entry to a promotion or competition is usually conditional on providing the requested information.  If the information is not fully supplied the entry may be void.
  • Home care: We collect personal information (including health information) about you from your healthcare professional and/or hospital for the purposes of registering you for, and providing to you, our services or programmes (such as the Nutricia at Home Service and any other Nutricia Product or Patient Support Programme you are to be registered for), and for inclusion in the Nutricia Patient Management Database.  This Database relates to all relevant programmes provided by Nutricia, including the Nutricia at Home Service and all other Nutricia Product or Patient Support Programmes.  The Nutricia Patient Management Database enables us to adequately support and service patients, carers and their respective healthcare professionals.
  • Health care professional: Working with your health care professional to provide our products and/or services to you that you have requested or have registered for.
  • Credit assessment, reporting and debt collection purposes: We may collect personal information about you and your credit arrangements in order to assess your credit application (including to decide whether or not to accept you as a personal guarantor of a business to which we may supply our products on credit).  We may also use your personal information to collect payments and debts, including to exercise a guarantee if there has been a credit default.  We may obtain and disclose your personal information to, and from, credit reporters and debt collection agencies in order to, obtain or assist with, their credit reporting and debt collection services and for our credit assessment and debt collection purposes.  In applying for credit, you agree and authorise that we can do so. 
  • Administration and legal purposes: We also collect personal information for internal record-keeping and administration purposes and as required or authorised by law or a court / tribunal order, and to protect our legal rights.


6. Professional Membership Programmes

Should you wish to participate in one of our membership programmes, we will collect (as part of the registration process) your first name, surname, address, email and phone number.  This is used to present products and services that may suit your needs and interests.  As a member, we may occasionally send you an email to inform you about news, activities and services. You will be asked whether or not you wish to opt into such communications.  If you are not interested or do not wish to receive news and information, you can always change your personal settings at any time (including changing your information for certain promotional programs).  To the extent an activity or service on the membership Platform is sponsored by a third party, all or part of your information collected from such activity or service may be disclosed to the sponsoring company, but you will be notified of this before any disclosure, and you can choose not to participate in these activities or services.

Normally, we will not disclose a member's personal information to others unless you give permission or in the following circumstances.

  • to our business alliances and business sponsors to the extent specified in the service conditions or usage terms applicable to your membership;
  • for some promotional campaigns, to the campaign sponsor to enable us to respond to your future needs effectively (and we will inform you of such a release prior to disclosure, passing on, or transfer); and
  • if we offer you information or special news from a third party and you accept to receive such information, your name and email address will be disclosed.

Members can amend, update, and adjust personal information by personally using their username and password anytime they wish.  If you forget your login name and password you may go to the main page or member registration page and click on "Forgotten Password."  The program will bring you to the "Forgotten Password" page.  You will need to type in the email address used in registration, and the program will send your login name and password to your registered email address automatically.  Please keep your username and password secret.  We will not ask for your password, via telephone or email.  If you share a computer with others, please log out every time you no longer use our services or close browser when finished in order to prevent others from using your information.

7. Automatic Data Collection Technologies and APIs

As you navigate through and interact with the Platforms, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns.  Some of this information may be linked to you personally.  This information helps our Platforms function correctly, helps us understand the needs of our users and may be used for the other purposes set out in this Privacy Policy.  Examples of this information include:

  • Platform related traffic data, location data, logs and other communication data;
  • data related to your use of the Platforms.  This includes the pages you visit, the resources and services that you access, the time you spend on each page, the date and time of your visit, referring pages (pages you came from or go to) and statistical and other aggregated data derived from your use of the Platforms;
  • information about your device, computer and network connection, including your IP address, operating system, hardware version and browser type; and
  • if you allow our Platforms to deliver content based on your location (for example by enabling this feature on your mobile device) we may collect location data (such as through GPS, Bluetooth, or WiFi signals) including for the automated delivery of relevant content and advertising to you.

The technologies we use for this automatic data collection may include log files, usage monitoring software and cookies.  Cookies are small pieces of information that are stored on a user's device that can identify the device you are working from.  The cookie file gives us details such as your IP address, platform, browser and domain (whether you are accessing the Platform from Australia or elsewhere).

We may use the information generated by cookies to personalise your experience on the Platforms, make it easier for you to navigate our Platforms, and improve your experience by storing your search, posting and other viewing and usage history, and your login details (if you choose) enabling you to use certain services as a registered user without having to log on each time.  We may also use cookies to provide you with certain advertisements and information which may be of interest to you.  If you disable cookies it may limit your access to some of the Platforms' content and features.  You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive.  You do not need to have cookies turned on to use our Platforms, but your experience may be affected. 

Some of our Platforms use Google Analytics, a service which transmits website traffic data to Google servers in the United States.  Google Analytics does not identify individual users or associate your IP address with any other data held by Google.  We use reports provided by Google Analytics to help us understand website traffic and webpage usage. By using this website, you consent to the processing of data about you by Google in the manner described in Google's Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

We may provide an application programming interface (API) to enable third party applications to interface with our Platforms.  Some applications enable you to interact with us through the API in a way that requires you to log in.  To do this, most of these applications will direct you through a process where you are able to let the application connect to your account.

If you allow an application to connect to your account on our Platforms, including if you set up your account on our Platform using an API with a third party social media platform, that application will be able to access information that you can see when you are logged in tour Platforms.  You should only allow applications you trust to access your account on our Platforms.

If you set up your account on our Platforms using an API with a third party social media platform, you also consent to us obtaining and using your information from such platform.

8. How us your personal information held and secured?

We understand that the security of your personal information is important.  We will take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure.  We maintain physical and electronic security over our paper and electronic data storage.  We also maintain computer and network security.  For example, we use firewalls (security measures for the Internet) and other systems such as user identifiers and passwords to control access to computer systems.

If the personal information we collect is no longer needed for any purposes and we are not required by law to retain it, we will take reasonable steps to either destroy it (in a manner that ensures its confidentiality) or permanently anonymise it.


9. Access and correction of personal information

Under the Privacy Act you have certain rights of access to and correction of personal information that we hold.  It is important to us that the personal information we hold about you is accurate, up to date, complete, relevant and not misleading.

In certain circumstances where you can access your own personal information via an account or membership you have with us, you will be required to follow prompts to access, correct or update your personal information and can do so at any time by logging into your personal account.  If this option is available to you directly, we will clearly mark it for ease of access.  Otherwise you should contact us using the ‘Contact Details’ set out here or set out at the bottom of this Privacy Policy.

Please provide us with as much detail as you can about the particular information you wish to access or correct, in order to help us retrieve it.  We may charge you an access fee to cover our reasonable costs of providing that information to you.  We will inform you of any applicable fees before they are incurred.

In certain circumstances, we may refuse your request to access, or correct, your personal information.  If that is the case, we will provide you with reasons for that decision unless it is unreasonable for us to do so.  We take reasonable steps to make sure that the personal information we use is accurate, complete and up-to-date including updating personal information when we are advised by you that your personal information has changed.  We will respond to all requests for access and/or correction within a reasonable time.

Please ensure the personal information we hold about you is accurate, up to date, complete, relevant and not misleading.

If you wish to delete the personal information we hold about you, please let us know by contacting us using the ‘Contact Details’ set out at the bottom of this Privacy Policy and we will take reasonable steps to delete the information, unless we are required to retain it for legal reasons.

10. Direct Marketing

By providing us with your electronic contact details (including mobile number and email address) you agree that we, and our related companies, may send you commercial electronic messages for any of the purposes set out in this Policy or otherwise disclosed to you.  We will generally ask you to opt in to receiving commercial electronic messages from us.

We may use your personal information to send you direct marketing communications and information about our products and services that we consider may be of interest to you.  These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).

You consent to us sending you those direct marketing communications by any of those methods.  If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.  In addition, at any time you may opt-out of receiving marketing communications from us by contacting us using the ‘Contact Details’ set out here or by using opt-out facilities provided in the marketing communications, and we will then ensure that your name is removed from our mailing list.

We may also disclose your personal information to our related bodies corporate, our other business partners and our service providers to give you information and offers about products and services offered by us or these companies that may be of interest to you.  Again, we will generally ask you to opt in to receiving any such commercial electronic messages.

By opting out of receiving marketing communications, you may still receive communications from us (such as invoices and notices) in relation to the products and services you have purchased from us.  This form of communication is not regarded as “direct marketing” under the Privacy Act and the Australian Privacy Principles or a “commercial electronic message” under the Spam Act 2003 (Cth). 

You may request at any time that you remain anonymous, or choose a pseudonym, when dealing with us. To the extent that it is lawful and practicable for us to enable you to do so, we will grant such a request. However, where you choose to remain anonymous, or choose a pseudonym, we may not be able to provide you with some services or products.

Aside from the use of a pseudonym, all material that you post on our Platforms or otherwise provide to us must be true and correct in all respects.

11. Anonymity and use of a Pseudonym

You may request at any time that you remain anonymous, or choose a pseudonym, when dealing with us.  To the extent that it is lawful and practicable for us to enable you to do so, we will grant such a request.  However, where you choose to remain anonymous, or choose a pseudonym, we may not be able to provide you with some services or products.

Aside from the use of a pseudonym, all material that you post on our Platforms or otherwise provide to us must be true and correct in all respects.

12. Business Transitions

In the event of a change in ownership of all or a portion of us or the Platforms, your personal information may be transferred to the new owner so that the business and/or Platform can continue operations.  In this event, your information would remain subject to this Privacy Policy.


13. How to make a complaint

If you wish to make a complaint about the way in which we handle your personal information, please contact our Privacy Officer using the ‘Contact Details’ set out below.  We will acknowledge and investigate any complaint promptly and will respond to written complaints within a reasonable time from the date of receipt.

If you are dissatisfied with our response, you may refer the matter to the Office of the Australian Information Commissioner for guidance on alternative courses of action that may be available (see https://www.oaic.gov.au/).


14. Changes to this policy

We may modify this Privacy Policy from time to time to reflect changes in the law and/or our business needs.  When we make changes to this Privacy Policy, we will amend the revision date at the bottom of this page, and such modified or amended Privacy Policy shall be effective as to you and your personal information as of that revision date.  We encourage you to periodically review this Privacy Policy.


15. Contact details

If you have any questions or comments on our Privacy Policy, if you wish to access or correct the personal information we hold on you or wish to make a complaint, please contact:

The Privacy Officer,

Nutricia Australia PTY Ltd,

Level 4 Building D, 12-24 Talavera Road, Macquarie Park 

NSW 2113.

Alternatively, you can send an email to our Privacy Officer at privacy.oceania@danone.com.

Privacy policy last updated on 19 June 2018.