Nestlé USA Consumer Privacy Notice
Last Updated On: 4/21/2017
Nestlé USA respects your right with regards to data privacy and data protection when you communicate (online or offline) with us through our various websites, mobile applications, offline programs and events. We have therefore developed this Privacy Notice to inform you how Nestlé USA (“Nestlé USA,” “we,” or “our”) collects, stores, uses, shares, processes, and protects information about our consumers (“you”). It also tells you how you can access and update your personal information and make certain choices about how your information is used.
By using our websites, applications or by otherwise giving us your information, you are accepting the practices described in this Privacy Notice. If you do not agree to this Privacy Notice, you must not use our websites or applications or give us any of your information. We reserve the right to make changes to this Privacy Notice at any time. Any changes will be posted in this Privacy Notice and material changes will be prominently notified on the respective website or application this Privacy Notice applies to or will be otherwise communicated to you prior to the change becoming effective. We encourage you to regularly review this Privacy Notice to make sure you are aware of any changes and how your information may be used.
Please be informed that Nestlé USA is the data controller of any personal information you submit to Nestlé USA.
If you have any requests concerning your information or any questions with regard to this Privacy Notice please Contact Us.
1. What does this Privacy Notice apply to?
This Privacy Notice applies to information that we collect from or about our consumers through the methods described below.
This Privacy Notice does NOT apply to information collected by our affiliate companies, or joint venture partners.
Please note we may combine information that we collect via one method (e.g., a website) with information that we collect via another method (e.g., an offline event). We do this to get a more complete view of our consumers, which, in turn, allows us to serve you better and with more customization.
Nestlé USA websites
This refers to any consumer-directed websites operated by Nestlé USA, including sites that we operate under our own domains/URLs and sites that we run on third party social networks such as Facebook (e.g., Facebook fan page).
Nestlé USA mobile sites/applications
This refers to any consumer-directed mobile sites or applications operated by Nestlé USA, including our smartphone apps (e.g., iPhone apps).
Nestlé USA text messaging programs
This refers to any consumer-directed text messaging programs operated by Nestlé USA. These programs might be advertised on one of our websites or applications or in a print ad.
Offline registration cards
This refers to printed registration and similar cards that we may collect from consumers via postal mail, in-store demos, or other offline events.
This refers to information that we may collect from consumers through our call centers, for example if you call us with a question or comment or to sign up for marketing communications over the phone.
Data from other sources
This refers to information we may obtain about you from other sources. For example, we may hire a third party data aggregator to provide us additional information about our existing consumers (this is known as “data appending”). We may also receive information from third party co-sponsors who we may occasionally partner with to run special contests or other promotions. We may also receive information about consumers when we acquire other companies.
2. What information do we collect, including how do we respond to Do Not Track signals?
Depending on how you interact with Nestlé USA (online, offline, over the phone, etc.), we may collect from you various types of information (personal and aggregate), as described below.
Personal information (as used in this Privacy Notice) refers to such types of information that can be used to personally identify you, whereas aggregate information does not allow for such identification.
In some instances (and unless we say otherwise below), we may combine/link one type of information with another type of information (e.g., personal contact information with account login and/or demographic information), and store them together in our records. We strive to limit the amount of information we collect and store to that which is reasonably necessary to provide you the relevant services. We generally store your information for as long as your account is active with us or as needed to provide you the relevant services. We may store your information for a longer period of time to comply with legal or regulatory obligations, resolve disputes, enforce our agreements, or for records management purposes.
Personal contact information
This includes any information that would allow us to personally contact you, such as your name, home or mailing address, phone number (home, cell, etc.), or email address. In some cases, this could include personal information that you give us about someone else (for example, if you provide a friend’s email address for a tell-a-friend program). We typically collect personal contact information in connection with a variety of activities, including general website registration, newsletter sign-up, website community features,online purchases, customer service inquiries, contests and other promotions, and consumer surveys. If you create an account with us, your personal contact information may be stored under your account profile.
Account login information
This refers to any information that is required for you to establish a unique account with us or for us to give you access to your specific account profile. Examples may include your login ID/email address, screen name, password, and/or security question and answer. We only collect unique login information for those activities that require an account, such as general website registration, newsletter sign-up, and website community features. Your login information, especially your password, should be kept confidential and never shared with anyone else. To change your login email address or password, log in to the relevant edit account section of our site (if available), use the “forgot password” feature of our site (if available), or contact Consumer Services.
This includes any information that describes your demographic or psychographic characteristics. Examples may include your date of birth, age or age range, gender, geographic location (e.g., zip code, city and state, mobile location), favorite products, hobbies and interests, and household or lifestyle information. We typically collect demographic information in connection with a variety of activities, including general website registration, newsletter sign-up, website community registration, contests and other promotions, and consumer surveys. If you create an account with us, you may be allowed to modify certain demographic information stored under your account. To do so, log in to the relevant edit account section of our site (if available) or contact Consumer Services. For demographic information stored under your profile on a third party social network (e.g., Facebook), see separate paragraph on “Social network info.”
Technical computer information
This includes any information about the computer system or other technological device that you may be using to access one of our websites or applications. We typically collect this information through automated technologies such as cookies and web beacons. Examples of technical computer information may include your computer’s IP address, operating system type, and web browser type. If you access a Nestlé USA website or application via a mobile device such as a smartphone, the collected information may also include your phone’s unique device ID, and other similar mobile device data.
Website usage information and California Do Not Track Disclosures
This includes information about how you use and navigate our websites and applications, including which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions with a Nestlé USA website or application (e.g., date and time of visit, which site you came from, favorite recipes and site activities, high game scores, etc.). This information is captured using automated tracking technologies such as browser cookies, flash cookies, and web beacons, and may also be collected through the use of third party tracking services (such as Google Analytics) that collect data in aggregate (such as number of visits to a particular page, or the amount of time spent on a web site). We may also use these technologies, such as web beacons, to capture information about how users respond to certain email campaigns (e.g., time the email is opened, where user links to from the email, etc.). Please see Question 8(“Tracking technologies – How and why do we use them?”)
Please note that “flash” cookies are different from “browser” cookies because of the way in which flash cookies capture and store data. Your browser’s cookie management tools will not remove flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here:
This includes information that you voluntarily share with us about your experience in using our products and services, including our websites and applications. Examples may include unsolicited comments and suggestions, testimonials, or other questions or feedback related to our products. We typically collect this information in the form of consumer surveys, consumer panels, contact forms, “Ask the Expert” forms, and email correspondence.
This refers to any content that you create and then share with us (and perhaps others) by uploading it to one of our websites or applications, including one of our Facebook sites. Examples may include photos, videos, personal stories, or other similar media or content. We may collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
Social network information
This refers to any information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with us. Examples include your basic account information (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share with third party application developers. For example, we may receive your social network profile information (or parts of it) every time you download or interact with a Nestlé USA web application on a social network such as Facebook or every time you use a social networking feature that is integrated within a Nestlé USA site (such as Facebook Connect). To learn more about how your information from a third party social network may be obtained by Nestlé USA (or other third party application developers), please visit the website of the relevant social network.You further acknowledge using your personal information to match information with a social network for advertising purposes (see “Marketing communications” under Question 3 of this Privacy Notice)
This includes any information that you use to make a purchase, such as your credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). This also includes the billing name and address associated with your form of payment. If you create an account with us when making a purchase, your payment information may be stored under your account profile. To review or edit this information, log in to the relevant edit account section of our site (if one is available) or contact the customer service department listed at the relevant store website.
Other information (depending on context)
This refers to any other information that we might need to collect for a specific Nestlé USA form, feature, or other service that you use or request. What this information includes will vary depending on the method of collection and the specific purpose(s) for which the information is being collected. Please see Question 3 (“How do we use your information?”) for more specific examples.
3. How do we use your information?
The following paragraphs describe the various purposes and features for which we might collect and use your information, and the different types of information that might be collected from you through the different methods described in Question 1 above. Please note that not all of the uses below will be relevant to every consumer.
We may use your information to maintain your accounts with us, including administering any consumer loyalty or rewards programs that are associated with your account. This typically involves the use of information that was originally collected to set up your account (e.g.,personal contact information, payment information, account login information, demographic information, etc.).
We may collect and use your information to provide you customer service, including responses to your inquiries. This typically requires the collection and use of certain personal contact information (such as your name or email address) and information regarding the reason for your inquiry (e.g., order status, technical issue, product question/complaint, general question, etc.). Customer service may be provided through various forms of communication, including email correspondence, call center support, and live online chat features.
Product improvement and customization
We may collect and use your information so we can constantly improve our products, tailor them to your needs, and come up with new product ideas. This mostly involves the collection and use of demographic information and consumer feedback.
We may collect and use your information to get you more actively engaged with our products and services (including our websites and applications), thereby increasing overall brand engagement and awareness. This mostly involves the collection, use, and publication of consumer-generated content.
Contests and other promotions
We may collect and use your information to administer a contest, sweepstakes, giveaway, competition, or other similar marketing campaign or promotion. These events typically require the collection and use of personal contact information (for prize fulfillment), demographic information (for eligibility determination), and, in some instances, consumer-generated content. Some of our promotions may be run on third party social networks such as Facebook (for example, on our Facebook fan pages). To comply with legal requirements, we may publish or share a limited amount of information (such as name and city of residence) about the winners of a particular promotion. For more information about our contests and other promotions, please see the official rules or details posted with each promotion.
We may collect and use your information to send you marketing communications, such as email communications, SMS text messages, and postal mailings. Please note that if you choose to receive SMS text messages, your plan fees for messaging will apply. We may also show you marketing communications on other websites, including on social media sites where you are a member, by matching activities or information collected on our websites with those collected on third party sites (“Targeted Advertising”).These marketing communications will keep you up-to-date on the latest news, events, special offers, and promotions from the Nestlé USA brands of interest to you. On occasion, these communications may also introduce you to other Nestlé brands and inform you about offers and promotions from other third party companies. Sending you marketing communications mostly requires the collection and use of certain personal contact information and demographic information. In some instances (such as for mobile apps and text messaging programs), this could involve the use of your precise geo-location, which may allow us to send you location-based offers and promotions.
You can always opt-out from receiving marketing-related email communications or text messages by following the unsubscribe instructions provided in each such communication. If you have an account with us, you may be given the option to change your communication preferences under the relevant edit-account section of our site (if available) or by contacting Consumer Services. Changing these preferences would also remove you from our lists for future Targeted Advertising. You may also visit social media sites where you are a member to explore opt out options they may provide for Targeted Advertising. Please note that even if you opt out from receiving marketing communications from us, you may still receive administrative communications from us, such as order confirmations, notifications about your account activities (e.g., account confirmations, password changes, etc.), and other important announcements. You will also still see generic ads on other websites, including on social media sites where you are a member.
Third party social networking
We may collect and use your information when you interact with third party social networking features such as “Facebook Connect” or “Facebook Like”. These features may be integrated in our sites or applications for the purposes of running contests, allowing you to share content with friends, or other stated purposes. If you use these features, we may have the ability to obtain certain information about you from your social networking profile (see “Social network information” under Question 2 of this Privacy Notice). You can learn more about how these features work, and the profile data we may obtain about you, by visiting the website of the relevant third party social network.
Website improvement and personalization
We may collect and use your information to improve and personalize your experience on our websites and applications. This is typically done through automated tracking technologies (such as cookies, see Question 8) that collect and remember certain account login information, technical information, and/or previous website usage information. For example, we might remember your login ID/email address or screen name so you can quickly login the next time you visit our site or so you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, we may also show you specific Nestlé USA content or promotions that are tailored to your interests.
Website community features
We may collect and use your information to give you access to website community features, including features that may allow you to upload and share recipes, pictures, videos, artwork, or other messages or content. This typically involves the collection, use, and (in some instances) public display of certain personal contact information, account login information, demographic information, and/or consumer-generated content. Because these features are “communal” in nature, information or content that you post in these areas may be visible to others. Please use caution when using these features or uploading content to a Nestlé USA site. For some community features, we may give you the ability to control whether some parts of your profile can be seen by others. To access these settings, log in to the relevant edit account section of our site (if one is available) and access your community profile. For website community features that have social networking integration (such as “Facebook Connect”), see separate paragraph on “Third party social networking.”
Website viral features (e.g., tell-a-friend)
We may request and use your information so you can use website viral features, such as our tell-a-friend features. These features allow you to easily share certain Nestlé USA news, product information, promotions, wish list items, or other content with family members and friends. These features typically require the collection and use of personal contact information (such as names and email addresses) so that the selected one-time message or content can be delivered to the proper recipients. In most cases, we do not retain the information provided. In some cases (for example, as part of a refer-a-friend program), we may store the information so we can track and reward consumers for their successful referrals. For tell-a-friend or other viral features administered by third party social networks (such as Facebook’s “Share” and “Like” features), please refer to the website of the relevant social network for additional information.
We may collect and use your information to process and ship your orders, and to inform you about the status of your orders. This could involve the collection and use of certain personal contact information, payment information, account login information, and/or other information related to your purchase (such as products ordered). This could also involve the ongoing storage of your payment information to allow for easier checkout on future purchases.
Please note that there are many independent e-commerce sites that sell Nestlé products but that are not controlled or operated by Nestlé USA. Because these sites may have different practices than we do, we recommend that you read their privacy policies before making any purchases on those sites.
Other general purposes (e.g., website security, internal research)
We may collect and use your information for other general business purposes, such as to maintain the day-to-day operation and security of our websites and applications and to conduct internal marketing and demographic studies. These activities mostly require the collection and use of certain demographic information, technical computer information, website usage information, and consumer feedback.
4. How do we protect your personal information?
We use a variety of standard methods (described below) to help keep consumer information confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as our website community features or other social areas.
Secure operating environments
We store your information in secure operating environments that are protected from the public and that we only allow authorized Nestlé USA employees and agents/contractors to access on a need-to-know basis. We follow generally accepted industry standards to protect personal information; however, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
Encryption for payment info
We use industry-standard encryption to provide greater protection for sensitive financial information, such as credit card information, sent to us over the web. For example, encryption is used when you make payments through our online stores. Please note, however, that there are many independent e-commerce sites that sell Nestlé products but that are not controlled or operated by Nestlé USA. Because these sites may have different practices than we do, we recommend that you read their privacy policies before making any purchases.
Prior authentication for account access
We require our registered consumers to verify their identity (e.g., login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorized access to your account.
Measures we expect you to take
It is important for you to also play a role in keeping your information safe and secure. When signing up for an online account, please be sure to choose an account password that is hard for others to guess and never reveal your password to anyone else. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls we may provide you in our website community areas.
5. What happens if you refuse to provide your personal information?
If you choose not to submit any personal information when requested, you may not be able to participate in certain activities and personalized features and may limit the services and special offers we can provide you. For example, if you refuse to share your email address, you will not be able to receive any of our newsletters or otherwise register on our websites or use our applications. If you refuse to provide your credit card number, you will not be able to purchase products at a Nestlé online store. However, to simply browse our websites and learn more about our products, you do not need to give us any personal information.
6. Who do we disclose your information to and why?
Nestlé USA will not share your personal information with any third party that intends to use it for direct marketing purposes unless we have specifically informed you and you have given us specific permission to do this.
We may share your personal information with our subsidiary companies, companies in which Nestlé S.A. has control through either direct or indirect ownership (collectively “Nestlé Group”). Nestlé USA may also share your personal information with third parties, but only in the following circumstances:
Service Providers, Agents and Contractors
We may use third parties, like service providers, agents or contractors to provide support for the internal operations of our websites and applications and to assist us with administering our websites and applications or the various functions, programs and promotions available to you. Some of these third parties may be located outside the country where you accessed this website. These third parties and its employees may come into contact with your personal information in the course of providing their services to us. Any such third party must at all times provide the same levels of security for your personal information as Nestlé USA 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 USA.
Partners and Joint Promotions
Your California Privacy Rights
If you are a California resident, you may have the right to request and receive certain information about our disclosure of your personal information to third parties for their own marketing use, and your choices with respect to such disclosures. Because we do not share your personal information with third parties for their own marketing use unless you are first given the opportunity to opt-in or out (as set forth above), we are exempt from having to meet this requirement. If you still wish to learn more about our compliance with this requirement, you may contact Consumer Services.
Legal and Business Transfers
We may also disclose your personal 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 processes, to respond to any claims, or to protect the safety or rights of Nestlé USA, its customers, or the public.
In the event of a merger or acquisition of all or part of Nestlé USA by another company, or in the event that Nestlé USA were to sell or dispose of all or a part of the Nestlé USA business, the acquirer would have access to the information maintained by that Nestlé USA business, which could include personal information. Similarly, personal information may be transferred as part of a corporate reorganization, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law.
7. How can you access, modify, or make other choices regarding the use of your information?
The following outlines the choices you have with respect to the collection and use of your personal information by us.
1. You always have the option not to share any of your personal information with us. However, if you choose this option, you will be limited in the activities and features we can provide you, as mentioned in Question 5 above.
2. If you do not want to receive newsletters, announcements, or other communications and/or services from a Nestlé USA website or brand, please do not opt-in for those communications or services at the time of registration. If you have opted-in and, at a later time, wish to opt-out, please visit the appropriate “your account” or “your profile” section(s) on our website or application and amend your preferences.
3. Along with every e-mail marketing communication sent to you, we provide you the opportunity to discontinue receiving future marketing communications (i.e., unsubscribe). Simply follow the unsubscribe process or directions provided in the email. Please read our Marketing communications section for limitations on certain administrative communications, order confirmations, and account notifications.
4. You can always review, update or delete any personal information that we may have collected about you for our general website and application registration. To do this, please visit the appropriate “your account” or “your profile” section(s) on our website or application (if available).
If any of the mechanisms set forth above is not available or you wish to make a different request, please Contact Us. We will respond to all access requests within a reasonable timeframe.
8. Tracking Technology – How and why do we use them?
Nestlé USA and our partners make use of tracking technologies such as (“Cookies”, “Log Files”, “Web Beacons” and similar technologies) to gather certain information such as browser type and operating system, referring page, path through site, domain of ISP etc. for the purpose of improving the use and functionality of our websites and other purposes described below. Tracking technologies help us tailor our websites to your personal needs.
We may keep track of Internet Protocol (IP) addresses to (among other things): (i) troubleshoot technical concerns, (ii) maintain website safety and security, (iii) restrict access to our websites to certain users, and, (iv) better understand how our websites are utilized. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.
We (or a third party on our behalf) may collect information in the form of logs files that record website activity and gather statistics about web users’ browsing habits. These entries are generated anonymously, and help us gather (among other things) (i) a user’s browser type and operating system, (ii) information about a user’s session (such as the URL they came from, the date and time they visited our website, and which pages they’ve viewed on our website and for how long), and, (iii) other similar navigational or click-stream data. We also use information captured in log file for our internal marketing and demographic studies, so we can constantly improve and customize the online services we provide you. Log files are used internally only, and are not associated with any particular user.
We may use web beacons (or clear GIFs) on our websites or include them in the e-mail messages we send you. Web beacons (also known as “web bugs”) are small strings of code that provide a method of delivering a graphic image on a web page or in an email message for the purpose of transferring data back to us. The information collected via web beacons may include some of the information described in the IP Address section directly above, as well as information about how a user responds to an email campaign (e.g., the time the email is opened, where does the user link to from the email, etc.). We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising and email auditing and reporting, and personalization.
9. E Marketing – What is spamming and what is our position on spam e-mails?
Spamming is where unsolicited e-mails are sent to you containing advertisements or marketing related materials without your consent.
We do NOT send spam e-mails. Sending e-mails without consent is illegal in many countries. We 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, we do not share your personal information with any third party who will use your personal information for spam emails.
Nestlé USA websites give you the opportunity to receive marketing information by e-mail. Every e-mail sent by Nestlé USA 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 Contact Us immediately.
10. How long do we keep your personal information?
We may store the personal information that you have provided us with through the various methods described in this Privacy Notice in our databases such as our Consumer Relationship Marketing database. We will only keep your personal information for as long as it is reasonably necessary taking into consideration our need to answer inquiries 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 USA services or stop using this website or application. After this period, your personal information will be deleted from all systems in the Nestlé Group.
11. Do we collect personal information from children?
We do not knowingly solicit or collect personal information from children below the age of 13 for marketing purposes. If we discover that we’ve accidentally collected information from a child below 13, we will remove that child’s information from our records as soon as feasibly possible. However, we may collect personal information about children below the age of 13 for marketing purposes from the parent or legal guardian directly. For non-marketing (e.g., educational) purposes, we may only collect personal information from a child below the age of 13 with the explicit prior written consent of the child’s parent or legal guardian.
12. Do we link to other third party sites?
Our websites and applications may provide links to, or features from, other third party sites (such as independent e-commerce sites and third party social networks). If you link to or use such third party sites or features, you do so at your own risk. We do not control and are not responsible for the content or practices of any third party site, application, or feature.
13. Other important information
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
14. How can you contact us?
If you have any questions, complaints, or comments regarding this Privacy Notice or our information collection practices, please contact us at:
Office of Consumer Services
800 N. Brand Blvd.
Glendale, CA 91203