Privacy Policy

Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your Personal Data and how we will treat it. It also tells you how you can access and update your Personal Data and make certain choices about how your Personal Data are used.

This Notice covers both our online and offline data collection activities, including Personal Data that We collect through our various channels such as websites, apps, third party social networks,call centersand events. Please note that We might aggregate personal data from different sources (website, offline event). If you do not provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), We may not be able to provide you with our products. This Notice can change from time to time.

1.1 SOURCES OF PERSONAL DATA

This Notice applies to Personal Data that We collect from or about you, through the methods described below from the following sources:

MINAMI websites. Consumer-directed websites operated by or for MINAMI, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook (“Websites”).

MINAMI mobile sites/apps. Consumer-directed mobile sites or applications operated by or for MINAMI, such as smartphone apps.

E-mail, text and other electronic messages. Interactions with electronic communications between you and MINAMI.

MINAMI CSC. Communications with our Customer Service Center

Offline registration forms. Printed or digital registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.

Advertising interactions. Interactions with our advertisements (e.g., if you interact with on one of our ads on a third-party website, we may receive information about that interaction).

Data We create. In the course of our interactions with you, we may create Personal Data about you (e.g. records of your purchases from our websites).

Data from other sources. Third party social networks (e.g. such as Facebook, Google), market research (if feedback not provided on an anonymous basis), third party data aggregators, MINAMI promotional partners, public sources and data received when we acquire other companies. We also collect personal data when you send a blood or milk sample toone of our partners laboratories.

1.2 PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

Depending on how you interact with MINAMI (online, offline, over the phone, etc.), We collect various types of information from you, as described below.

Personal contact information. This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number.

Account login information.Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.

Demographic information & interests.Any information that describes your demographic or behavioural characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. postcode/zip code), favourite products, hobbies and interests, and household or lifestyle information.

Information from computer/mobile device.Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a MINAMI website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.

Websites/communication usage information.As you navigate through and interact with our Websites or newsletters, we use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies and web beacons and is also collected through the use of third party tracking for analytics and advertising purposes. You have the right to object to the use of such technologies.

Market research & consumer feedback.Any information that you voluntarily share with Us about your experience of using our products and services.

Consumer-generated content. Any content that you create and then share with Us on third party social networks or by uploading it to one of our Websites or apps, including the use of third party social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, We 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.

Third party social network information. Any information that you share publicly on a third party social network or 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. We receive your third-party social network profile information (or parts of it) every time you download or interact with a MINAMI web application on a third party social network such as Facebook, every time you use a social networking feature that is integrated within a MINAMI site (such as Facebook Connect) or every time you interact with Us through a third party social network. To learn more about how your information from a third-party social network is obtained by MINAMI, or to opt-out of sharing such social network information, please visit the website of the relevant third party social network.

Payment and Financial information.Any information that We need in order to fulfil an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, We or our payment processing provider(s) handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS.

Calls to Customer Service Center. Communications with a Customer Service Center can be recorded or listened into, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes). Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call.

Sensitive Personal Data.We may process certain sensitive personal data that you provide to us for marketing purposes with your prior express consent.If we process your sensitive personal data for other purposes, we rely on the following legal bases: (i) detection and prevention of crime (including the prevention of fraud); and (ii) compliance with applicable law (e.g. to comply with our diversity reporting).

Moreover, we will receive personal information about you from our business partners, suppliers and third parties as part of our services. Such personal information will have been provided to us for the purpose of performingour service to you: providing you with the results ofcertain testing or surveys which you registered including but not limited toPrenatal or Postnatal DHA test that you have chosen.

The personal information that we receive as a result of our servicesis the following personal data:

· Your omega-3 profile

· Email address

· First name, last name

· Gender

· Birth Month, Birth Day, Birth Year

· Postal Code, Country

· Height, Weight

· Omega-3 intake related questions (optional)

· Maternal stage: pre-conception, pregnancy (prenatal)

· Expected due date (prenatal)

· Baby Length, Baby Weight (postnatal)

· Baby Birthdate (postnatal)

· Baby’s Gender (postnatal)

We must obtain your explicit consent in order to process these special categories of personal data. We obtain your consent by you signing up to the service and accepting the Terms & Conditions.You may choose to withdraw your consent at any moment, at which point we will be unable to provide our services to you.

1.3 COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS

Cookies/Similar Technologies. Please see our Cookie Notice below to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.

Log Files. We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.

Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons will include information such as IP address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We will use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.

1.4 USES MADE OF YOUR PERSONAL DATA

The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.

What We use your Personal Data for


Customer service. We use your Personal Data for customer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint, general question, etc.).

Our reasons:

  • Fulfilling contractual obligations
  • Legal obligations
  • Our legitimate interests

Our legitimate interests:

  • Improving and developing new products and services
  • Being more efficient

Contests, marketing and other promotions. With your consent (where required), We use your Personal Data to provide you with information about our products (e.g. marketing communications or campaigns or promotions). This can be done via means such as email, ads, SMS, phone calls and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions are run-on third-party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose (or withdraw your consent in certain countries) to the processing of your Personal Data for this purpose. For detailed information on how to modify your preferences about marketing communication. For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion


Our reasons:

  • With your consent (where required)
  • Fulfilling contractual obligations
  • Our legitimate interests


Our legitimate interests:

  • Working out which of our products and services may interest you and telling you about them
  • Defining types of consumers for new products or services

Third party social networks: We use your Personal Data when you interact with third party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third party social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.


Our reasons:

  • With your consent (where required)
  • Our legitimate interests

Our legitimate interests:

  • Working out which of our products and services may interest you and telling you about them
  • Defining types of consumers for new products or services

Personalisation (offline and online). With your consent (where required), We use your Personal Data (i) to analyse your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalise your experience on our Websites and apps; (iv) to ensure that content from our Websites/apps is optimised for you and for your computer or device; (v) to provide you with targeted advertising and content, and (vi) to allow you to participate in interactive features, when you choose to do so. For example, We remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), We also show you specific MINAMI content or promotions that are tailored to your interests. The use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose. For detailed information on how to opt-out please refer to Section 3.9 below


Our reasons:

  • With your consent (where required)
  • Our legitimate interests


Our legitimate interests:

  • Working out which of our products and services may interest you and telling you about them
  • Defining types of consumers for new products or services

Order fulfilment. We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain Personal Data and payment information.


Our reasons:

  • Fulfilling contractual obligations
  • With your consent (where required)
  • Legal obligations
  • Our legitimate interests


Our legitimate interests:

  • Improving and developing new products and services
  • Being more efficient
  • Protect our systems, networks and staff
  • Compliance with legal obligations

Other general purposes (e.g. internal or market research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as maintaining your account, conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, if you have MINAMI accounts, to reconcile those accounts into one single account. We also use your Personal Data for management and operation of our communications, IT and security systems.


Our reasons:

  • Fulfilling contractual obligations
  • With your consent (where required)
  • Legal obligations
  • Our legitimate interests


Our legitimate interests:

  • Improving and developing new products and services
  • Being more efficient
  • Protect our systems, networks and staff
  • Compliance with legal obligations

Legal reasons or merger/acquisition. In the event that MINAMI or its assets are acquired by, or merged with, another company including through bankruptcy, we will share your Personal Data with any of our legal successors. We will also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.


Our reasons:

  • Fulfilling contractual obligations
  • With your consent (where required)
  • Legal obligations
  • Our legitimate interests


Our legitimate interests:

  • Improving and developing new products and services
  • Being more efficient
  • Protect our systems, networks and staff
  • Compliance with legal obligations

1.5 DISCLOSURE OF YOUR PERSONAL DATA

In addition to the MINAMI entities mentioned in the data controllers & contact section We share your Personal Data with the following types of third-party organisations:

Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, website operation, market research companies, support services, promotions, website development, data analysis, Customer Service Center, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they have been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure.

Credit reporting agencies/debt collectors. To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.

Third party companies using Personal Data for their own marketing purposes.Except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes. Their identity will be disclosed at the time your consent is sought.

Third party recipients using Personal Data for legal reasons or due to merger/acquisition. We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger.

1.6 RETENTION OF YOUR PERSONAL DATA

MINAMI takes every reasonable step to ensure that your personal data are only processed for the minimum period necessary for the purposes set out in this Privacy Notice. The criteria for determining the retention period for your Personal Data are:

(a) MINAMI will retain copies of your Personal Data in a form that allows for identification only for as long as:

(i) We maintain an ongoing relationship with you (e.g. where you are included in our mailing list and have not unsubscribed)

(ii) Your Personal Data are necessary in connection with the purposes set out in this Privacy Notice and we have a valid legal basis; and

(b) The duration of: (i) any applicable limitation period (i.e. any period during which a person could bring a legal claim against us), and (ii) an additional 2 months following the end of the applicable limitation period (so we are able to identify any personal data of a person who may bring a claim at the end of the applicable period),

(c) In addition, if any relevant legal claims are brought, we may continue to process your Personal Data for such additional time necessary in connection with that claim.

During the periods noted in paragraphs b(i) and b(ii) above, we will restrict our processing of your Personal Data to storage or, and maintaining the security of, those data, except to the extent the data need to be reviewed in connection with any claim, or any obligation under applicable law. Once the periods in paragraphs (a), (b) and (c) above, each to the extent applicable, have concluded, we will either (i) permanently delete or destroy the relevant Personal Data or (ii) anonymise the relevant Personal Data.

1.7 DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA

We use appropriate measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as third-party social networks.

People who can access your Personal Data.Your Personal Data will be processed by our authorised staff or agents, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of consumer care matters will have access to your consumer record).

Measures taken in operating environments. We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorised access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal Data, We cannot guarantee the security of the data during transmission through our Websites/apps.

Measures We expect you to take.It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. 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 provide you in our Website/app.

Transfer of your Personal Data.The storage as well as the processing of your Personal Data as described above may require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence. We will also transfer your Personal Data to countries outside the European Economic Area (“EEA”) (e.g. otherMINAMI entities) including to countries which have different data protection standards to those which apply in the EEA. We (i) have put in place European Commission approved standard contractual clauses to protect your Personal Data (and you have a right to ask Us for a copy of these clauses (by contacting Us as set out below) and/or (ii) will rely on your consent (where permitted by law).

1.8 YOUR RIGHTS

Access to Personal Data. You have the right to access, review and request a physical or electronic copy of information held about you. You also have the right to request information on the source of your Personal Data. These rights can be exercised by contacting us, attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected. Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.

Additional rights (e.g. modification, deletion of Personal Data). Where provided by law, you can (i) request deletion, the portability, correction or revision of your Personal Data; (ii) limit the use and disclosure of your Personal Data; and (iii) revoke consent to any of our data processing activities.

Subject to applicable law, you may also have the following additional rights regarding the use of your Relevant Personal Data:

• the right to object, on grounds relating to your particular situation, to the use of your Relevant Personal Data by us, or on our behalf; and

• the right to object to the Processing of your Relevant Personal Data by us, or on our behalf, for direct marketing purposes.

Please note that, in certain circumstances, We will not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.

Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that 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 unauthorised access to your account.

1.9 YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA

We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:

Cookies/Similar Technologies. You manage your consent via (i) our consent management solution or (ii) your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used.

Advertising, marketing and promotions. You can consent for your Personal Data to be used by MINAMI to promote its products or services through tick-box(es) located on the registration forms or by answering the question(s) presented by our CES representatives. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To unsubscribe from marketing communications sent by any medium, including third party social networks, you can opt-out at any time by unsubscribing through links available in our communications, logging into the Websites/apps or third party social networks and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CES. Please note that, even if you opt-out from receiving marketing communications, you will still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important non marketing related announcements.

Personalization (offline and online): Where required by law, if you wish to have your Personal Data used by MINAMI to provide you with a personalized experience/targeted advertising & content, you can indicate so through the relevant tick-box(es) located on the registration form or by answering the question(s) presented by our CES representatives. If you decide that you no longer wish to benefit from this personalization, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CES.

Targeted Advertising. We partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet. Some of those advertisements are tailored to your interests based on information collected on MINAMI sites or on non-affiliated websites over time. You can visitwww.aboutads.info/choices to learn more about this type of advertising, as well as about how to opt-out of interest-based advertising practices from companies that participate in the Digital Advertising Alliance’s (“DAA”) self-regulatory program. Additionally, you can opt-out of this type of advertising in mobile applications from companies that participate in the DAA’s AppChoices app by downloading the app from the iOS or Android app store. You can also stop the collection of precise location data from a mobile device by accessing your device location service settings.

DATA CONTROLLERS & CONTACT

To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact Us at: [feedback@thehutgroup.com] or writing to us at [MINAMI , Exmouth House, 3-11 Pine St, Clerkenwell, London, EC1R 0JH, UK].

We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).

Data controller:

Responsible for:

Nestrade S.A. (on behalf of other Nestlé affiliated companies)

Rue Entre-deux-Villes 12

1814 La Tour de Peilz

Switzerland

Definingthe scope and purposes of the data processing, giving relevant instructions regarding the data processing to the data processor, as defined below.

Data processor:

Responsible for:

THE HUT.COM LIMITED

5th Floor, Voyager House Chicago Avenue,

Manchester Airport, Manchester, England,

M90 3DQ (THG)

Processing of consumer related data upon instructions received by the data controller.

2. COOKIE NOTICE

2.1 What are cookies?

Cookies are text files that are placed on your computer by websites that you visit. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. They are used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website. We use the term "cookies" throughout this notice to also cover all similar technologies, such as web beacons SDK, log files, pixel tags.

2.2 What types of cookies are used on our Website?

Cookie categories

Lifespan

a) Site functionality cookies

These cookies allow you to navigate the site and use our features, such as registration, logging in and product favourites. If you disable these cookies certain parts of the website will not function for you, for example, adding items to your basket, proceeding to checkout.

As long as necessary

b) Site analytics cookies

These cookies allow us to measure and analyse how you use our websites, apps and mobile platforms, to improve both its functionality and your experience.

90 days

c) Customer preference cookies

When you are browsing on our sites, these cookies will remember your preferences (like your language or location), and other information you choose to provide to us, so we can help tailor your experience and make it more relevant and personal to you.

90 days

d) Advertising or targeting cookies

These cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We may also use the information obtained via these cookies to serve you with advertising that may be of interest to you based on your past online behaviour. We may share this information with other parties, including our partners.

90 days

e) Social media cookies

These cookies are used when you share information using a social media sharing button on one of our websites. The social network will record that you have done this. This information may be linked to targeting/advertising activities.

90 days

2.3 Manage your cookie preferences

You do not need to allow cookies to use or navigate through many parts of our website, although you may not have access to all the features on our website if you do not accept cookies. You should ensure that your device settings reflect your cookies preferences. You can also set your browser to warn you before accepting cookies or you set it to refuse them.

Additionally, where available, you can opt-out of cookies by visiting the following sites:http://www.aboutads.info/choices/#completedorhttp://www.youronlinechoices.eu/

3. MISCELLANEOUS

3.1 SEVERABILITY

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

3.2 GOVERNING LAW

The present Terms (and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and your purchase of products from MINAMI shall be governed by and construed in accordance with the laws of England and whales. Any dispute or claim arising out of or in connection with Terms or your purchase of products from MINAMI (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of English courts.

3.3 AMENDMENTS

We reserve the right to: update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

Last Updated: May 2021