Privacy policy

PRIVACY POLICY
www.farmina.com/my

Dear User!

This Privacy Policy sets out the principles for the collection, processing, and use of personal data when using the www.farmina.com/my (hereinafter referred to as the "Website" or "Websites") and the online store ("Store") operated through the Website by Farmina Malaysia and affiliated entities within the Farmina Group. This policy is in compliance with the applicable laws in Malaysia, particularly the Personal Data Protection Act 2010 (hereinafter referred to as "PDPA").
We are committed to respecting your privacy and protecting the personal data collected during your use of the Website. In line with this commitment, we ensure all necessary measures are taken to safeguard your information.

1. WHO PROCESSES YOUR DATA?

The joint controllers of your personal data processed in connection with visiting our website and using the services offered within it are:

1) FARMINA Malaysia with its registered office in 22a, Jalan PJU 5/15, Kota Damansara 47810. Petaling Jaya, Selangor, Malaysia ("Controller I" or "We")

Contact:
You can contact us at: malaysia@farmina.com
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2. WHAT DATA DO WE COLLECT?

2.1. Data necessary for registration - creating a customer account ("Account" or "Customer Account"), logging in to the Account; managing the User's profile ("Profile"); making a purchase on the Website - https://www.farmina.com/my

• Name,
• Surname,
• Company name (for business customers), 
• Address,
• E-mail address,
• Telephone number

The personal data in question are processed in particular for the purpose of performing the contract for maintaining the Customer Account and, if applicable, for the purpose of implementing the sales contract in connection with the order placed. Providing personal data is voluntary, but necessary in order to performance the contracts in question. Providing a telephone number is necessary in order to send the order by courier.

Due to the specificity of our ICT infrastructure related to our Website and the FarminaGenius Mobile Application (the "Application") - on the basis of the personal data indicated during the registration of the Account, an account in the Application is automatically created. The Privacy Policy for the FarminaGenius App is available HERE.

2.2. Data necessary to order a personalized nutritional consultation - https://www.farmina.com/my/consumer/1-request-for-nutritional-support.html, or https://www.farmina.com/my/consumer/2-request-your-nutritional-plan.html

• Name,
• Surname,
• E-mail address,
• Telephone number,
• Zip code.

2.3. Data necessary to order a personalized nutritional consultation - ordering a free telephone consultation 

• Telephone number.

2.4. Data necessary to order a personalized nutrition plan - order "Create a nutrition plan": hhttps://www.farmina.com/my/consumer/2-request-your-nutritional-plan.html

• Name,
• Surname,
• Zip code,
• E-mail address,
• Phone number.

2.5. Data necessary to use the contact form - https://www.farmina.com/my/contact.html

• Name,
• E-mail address,
• Phone number (optional),
• City,
• The article to which the inquiry relates,
• The content of the message.

2.6. Where appropriate, we may receive, basing on your consent, your personal data, such as:

• Name, 
• Surname
• Zip code
• Country
• Email address,
• Phone number

from our Partners, such as Breeders, Groomers, Veterinarians, in connection with your request to receive a personalized nutrition plan and consultancy for your pet. 

In such case, you will receive an e-mail enabling confirmation of the order for a free consultation and personalized nutrition plan. After confirmation, the data will be processed in order to provide the ordered service/services in accordance with point 3.3. and 3.4 of this Privacy Policy.

2.7. Data shared with us in connection with the use of Chat functionality
On our Website, we provide Users with the opportunity to use Chat. As part of the Chat functionality, you can, among other things, order a free personalized nutritional consultation for your pet, as well as report a problem with your pet. The use of Chat involves the processing of personal data in the form of your telephone number (if you provide this number to us) and possibly other data that you submit. We process this data on the basis of our legitimate interest in handling your request, and if applicable, on the basis of necessity to perform the contract in connection with handling of your order for a free nutritional consultation. Providing personal data as part of using the Chat is voluntary, but necessary to report a problem via Chat or to order free nutritional consultation.

2.8. Data related to sending commercial information and direct marketing
Subject to the consents you have given us – we may send you commercial information to the e-mail address and/or telephone number indicated by you. 
You can change or withdraw your consent to receive commercial information at any time by clicking the unsubscribe link attached to each commercial message we send or by changing the relevant consent settings in your Profile (if you are a registered User).
The Google’s and Meta Platforms Ireland Limited’s tools we are using allow us to reach with advertising also people who have already interacted with us (e.g. created an Account in our Store) and have expressed appropriate marketing consents related to sending commercial information, including the use of personal data such as e-mail address and/or telephone number to receive direct commercial information in Google and Facebook advertising networks, which allows us to deliver commercial communication to recipients more effectively. You can withdraw your consent at any time by changing the relevant consent settings in your Profile (if you are a registered User) or by contacting us at DataProtection-uk@farmina.com. Users registered with Google and Facebook can also use the ad management interfaces in their Google and Facebook profiles to prevent marketing data from other sites from influencing the selection of ads.

2.9. Additional information
In addition, we collect, use and share aggregated data, such as statistical or demographic data. For example, we may aggregate data about the use of our Website to calculate the percentage of Users accessing a particular feature of the Website. However, if we combine aggregated data with your personal data, this may directly or indirectly identify you.
We do not collect special categories of personal data (including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, sexuality, or sexual orientation). We also do not collect any information on convictions or criminal offences.
Our Website is not intended for use by children, we do not knowingly collect data about children.

2.10. Data from server logs
The use of the Website is associated with sending each time a query to our server. Individual queries are saved in server logs and stored there. The data contained in the logs consists of: IP address, the time of arrival of the request, the time of sending the response and information about the User's operating system. These data are not associated with specific Users using the Website and are also not used to identify Users in any way, they are used only for server administration purposes and processed only for as long as it’s required to provide and administer the service. 

2.11. Data from cookies
Our Website collects data contained in cookies. Cookies are small text files sent by the Website and stored on your device, containing certain information related to your use of the Website. 
Cookies are used, among other things, to create the opportunity to visit our Website, to display it properly and to enable the use of all its functions, as well as to protect our Website from abuse and spam.

Subject to your consent, we may use cookies to personalize content and advertising on our Website (and other sites) and to analyze traffic on our Website. Where appropriate, we may also share information about your use of our Website with our partners, who may combine it with other information that you have provided to them or that they have collected as a result of your use of their services.

By consenting to marketing cookies, you consent to the sharing of your data with advertising and business partners, who may combine it with other information that you have provided to them or that they have collected as a result of your use of their services, and to the automated processing of your data to personalize content and advertising on and outside our Website.
More detailed information about the individual tools used on our Website can be found in the further part of the Privacy Policy.

Our Website may contain links to other websites or applications, including those of our business partners. Please note that third-party websites may also use cookies. We have no influence on third-party websites and are not responsible for the cookies they collect or access. When clicking on a link or application, please note that each of them has its own privacy policy. For this reason, we ask that you read their privacy policies before using other websites or applications.

2.11.1. Types of cookies
Depending on the storage period on your end device, the cookies we use can be divided into:

Session cookies: stored on the user's device and remaining there until the end of the browser session. The saved information is then permanently deleted from the device's memory. 

Persistent cookies: stored on the user's end device for the time specified in the parameters of cookies or until they are deleted by the user.
We use the following types of cookies:

Strictly necessary cookies contribute to the usability of the website by enabling basic functions such as website navigation. The website cannot function properly without these cookies.

Preference cookies allow a website to remember information that changes the look or functioning of the Website, such as your preferred language or the region you are in.

Statistical cookies help website owners to understand how different users use the website.

Marketing cookies are used to track users on websites. The goal is to display ads that are relevant and interesting to individual users and thus more valuable to publishers and advertisers.

2.11.2. Managing cookies in your browser
In many cases, web browsing software allows cookies to be stored on your device by default, giving you the ability to manage and/or delete cookies according to your preferences.
You can find a link to the tool used on the Website to manage your preferences regarding the installation of cookies in the footer of our Website under the heading "Cookie Management".
To delete cookies stored on your computer, please follow the instructions made available by your browser provider on the help page for managing cookies on their products.

3. PURPOSES FOR WHICH WE PROCESS PERSONAL DATA AND LEGAL BASIS FOR PROCESSING
As part of the Website, we process personal data (where applicable) for the following purposes:
3.1. To enable Website Users to create a Customer Account and make purchases on the Website, including:

• 3.1.1. Performance of obligations arising from the contract, if it has been concluded, including contracts for maintaining the Customer Account, the sales contract, and the delivery of ordered products. This processing is necessary for the performance of the contract. In the case of clients who are legal entities, data is processed based on our legitimate interest in fulfilling these obligations.
• 3.1.2. Fulfilling obligations arising from legal provisions, such as warranty regulations (including handling complaints regarding our goods and services), tax, and accounting laws. This is required to comply with legal obligations under Malaysia's Personal Data Protection Act 2010 (PDPA).
• 3.1.3. Contacting the User, particularly for purposes related to the provision of services, based on the necessity of performing the concluded contract or our legitimate interest.

3.2. To enable Website Users to use the contact form in the "Contact" section, including:

• 3.2.1. Responding to your inquiries sent via the contact form, based on our legitimate interest in effective communication.
• 3.2.2. Establishing or maintaining business relations between us and you or the entities you represent, based on our legitimate interest.
• 3.2.3. Processing non-mandatory personal data, such as your phone number (if provided), based on your consent for improved communication.

3.3. To perform our obligations under the contract for the provision of electronic services, if concluded with you, including handling your order for a personalized nutrition plan.
3.4. To process orders for free nutritional consultations.
3.5. To enable Website Users to use the Chat functionality, based on our legitimate interest in handling inquiries and, where applicable, processing orders for free nutritional consultations.
3.6. To conduct activities related to the marketing of our products and services, based on your consent, including consents for the use of cookies.
3.7. To send commercial information if you have agreed to receive it, including, where applicable, directing commercial information in Google and Facebook advertising networks, based on your consent.
3.8. To analyze your activity (including profiling) on the Website to tailor services and content to your preferences, including targeted advertising, based on your consent.
3.9. To measure the effectiveness of advertisements and conversions within advertising networks, based on your consent.
3.10. To develop general statistics on Website usage, including collecting demographic information, based on your consent.
3.11. To enable Website Users to manage their consents for cookie installation and related data processing, based on our legitimate interest.
3.12. To survey your satisfaction with purchases in our Store, based on our legitimate interest.
3.13. To enable participation in a loyalty program, if organized, in connection with the performance of the relevant contract.
3.14. To enable participation in contests, if organized, based on our legitimate interest.
3.15. To perform technical activities and resolve technical issues related to Website administration, based on our legitimate interest.
3.16. To store data to ensure accountability and demonstrate compliance with legal obligations, based on our legitimate interest.
3.17. To establish, protect, and recover claims, based on our legitimate interest.
3.18. To ensure the security and integrity of the electronic services provided, including fraud prevention and securing Website traffic, based on our legitimate interest.
You can opt out of receiving commercial information anytime by adjusting your consent settings in your profile (if you are a registered User) or clicking the "unsubscribe" link included in every marketing communication.
You may withdraw your consent for direct commercial information through Google and Facebook advertising networks based on your email or phone number anytime by updating your consent settings in your profile or contacting us at malaysia@farmina.com.
Users registered with Google and Facebook can also manage ad preferences directly in their profiles on those platforms to prevent marketing data from influencing ad selection.

4. TOOLS WE USE
In order to use the information gathered by cookies and similar technologies in an optimized way, we use analytical tools and tools that allow us to manage the advertising and marketing of our products and services, including by displaying targeted advertising based on the recognition of your device.
These tools also allow us to process the collected information in such a way that it supports our research and development work and supports our marketing activities.

Pursuant to your consents, your personal data (collected inter alia by cookies) may be processed in an automated manner (including in the form of profiling), and on the basis of the information collected (e.g. data regarding your preferences), we can customize the advertising content presented on and outside our Website.

To the extent of your consents, we may also share information about your use of our Website with our social, advertising and analytics partners, who may combine it with other information you have provided to them or that they have collected as a result of your use of their services.
   
5. TECHNICAL MEASURES
We make every effort to secure your data and protect it from the actions of third parties. We use all necessary security measures for servers, connections and the Website. In particular, the communication between your device and our server when we collect your personal data is encrypted using SSL (Secure Socket Layer). In addition, our databases are protected against access by third parties. All connections related to your electronic payments, if you choose this option, will take place via a secure encrypted connection. In the case of using the services of subcontractors – we carefully verify their credibility and the security measures they apply to protect the data of Users of our Website. However, the actions we have taken may not be enough if you do not follow the safety rules yourself. In particular, we encourage you to always keep the login and password to the Customer Account confidential and not to share them with third parties.

6. RECIPIENTS OF YOUR DATA
Where applicable, we will transfer your data to:

6.1. persons authorized by us, our employees and associates who need access to data to perform their duties,

6.2. processors to whom we will outsource certain tasks, e.g. companies dealing with the operation of our ICT systems or providing ICT tools and hosting services, companies providing consulting services, business support and marketing services, suppliers of analytical and marketing tools used by us, to the extent that they process data on our behalf (including those related to the provision of tools for automated marketing communication),

6.3. other entities that will process personal data as an independent data controller: e.g. courier companies for the purpose of shipping, companies handling payments within the Store, business partners (including advertising partners) as part of the marketing tools used on the Website,

6.4. public entities if it results from an obligation imposed by law.

7.PERIOD OF STORAGE OF YOUR DATA
Your personal data will be processed by us for the period necessary to perform the contract, including, if applicable, the contract for the provision of the Customer Account service (if concluded), the performance of the sales contract (if concluded), as well as for the period provided for by applicable law, primarily taking into account the period of limitation of claims arising from civil law relations between you and us.

Personal data that we process based on your consent, we are entitled to process until you withdraw your consent or until the processing of your personal data is no longer necessary to achieve the purpose for which the data was processed, as well as when the purpose of processing is achieved and completed, whichever occurs first.

In the case of answering your inquiries or requests, your personal data will be processed by us until answering your question or handling the request. Where applicable, your data may be stored by us in order to defend against claims raised against us and to assert claims that we may have against you.

Data that we process on the basis of our legitimate interest will be processed until you raise a possible objection or until the processing of your personal data is no longer necessary to achieve the purpose for which the data was processed, as well as when the purpose of processing is achieved and completed, whichever occurs first.

Detailed information on the persistence of individual cookies is indicated in the tool used on the Website, which allows you to manage preferences and consents regarding the use of cookies.

8. YOUR RIGHTS
In connection with the processing of your personal data, you have the following rights under the Personal Data Protection Act 2010 (PDPA) and other applicable laws, within the limits set by those laws:
8.1. To request access to, rectification, or erasure of personal data, or to request restriction of processing or data portability.
8.2. In situations where we process your data based on your consent, you have the right to withdraw that consent at any time. However, this will not affect the lawfulness of any processing carried out before the withdrawal of your consent.
8.3. To object to the processing of your personal data at any time, based on our legitimate interest, for reasons related to your particular situation.
8.4. To lodge a complaint with the Personal Data Protection Commissioner Malaysia if you believe that the processing of your personal data violates the provisions of the PDPA. For more information about the complaint process, you can visit the official website of the Commissioner at www.pdp.gov.my.
How to Exercise Your Rights
You can exercise some of the above rights yourself:

• Unsubscribing from commercial information: Use the unsubscribe link found in the footer of each commercial message sent by us, or change the relevant consent settings in your Profile (if you are a registered User). This will withdraw your consent for processing personal data for marketing purposes.
• Cookie consent: You can withdraw your consent to the installation of cookies and the related processing of personal data by using the "Cookie Management" tool available in the footer of our Website.
• Advertising consents in Google and Facebook networks: You can withdraw your consent to direct marketing communications on these platforms based on your email address and/or telephone number. This can be done by adjusting the relevant consent settings in your Profile (if you are a registered User) or by contacting us at malaysia@farmina.com. Registered users of Google and Facebook can also manage their ad settings via their respective account management interfaces.

For any other rights, you can contact us by sending an email to malaysia@farmina.com.

Response and Handling of Requests
We will make every effort to promptly handle your request and address your queries regarding the processing of personal data. We will respond to your request within 30 days of receipt. If an extension of this period is necessary due to the complexity of the request or the number of requests received, we will inform you of the extended timeline and the reasons for the delay.

If we have reasonable doubts about your identity, we may request additional information to confirm your identity. Providing such data is optional but failure to do so may result in the rejection of your request.

Records of Requests
We maintain records of requests received in order to demonstrate compliance with the principle of accountability under the PDPA, as well as to establish, protect, and pursue claims.

Profiling
Profiling of personal data to present tailored advertising only occurs based on your explicit consent.

Voluntary Provision of Data
Providing your personal data is voluntary. However, failure to provide the necessary information may result in an inability to use certain services available on our Website.

9. TRANSFER OF DATA OUTSIDE MALAYSIA
In addition to the transfers of personal data mentioned in sections regarding the use of tools provided by Google and Meta Platforms, your personal data may also be transferred to other countries in connection with intercompany relations. For example, administrative support services, such as preparing sales and financial reports or providing marketing services, may involve transferring your data to countries where our affiliated entities or service providers operate, such as Serbia.

Serbia is not recognized by Malaysian law as offering an adequate level of personal data protection equivalent to that of Malaysia. To ensure the security and protection of your data, we have implemented the Standard Contractual Clauses (SCC) or similar agreements. These agreements establish binding commitments to protect your data during such transfers.
If you would like to review a copy of the SCC, you may contact us via email at malaysia@farmina.com.

10. COMMON ARRANGEMENTS BETWEEN JOINT CONTROLLERS
10.1. The Joint Controllers agree to process personal data for as long as necessary to achieve the purposes for which it was collected or to comply with applicable laws.
10.2. Responsibilities related to the handling of personal data are divided between the Joint Controllers as outlined in the sections below.
10.3. The Joint Controller that collects the personal data is responsible for fulfilling the obligation to inform individuals as required by Malaysia’s Personal Data Protection Act 2010 (PDPA). Information on how data is processed will be detailed in this Privacy Policy and other privacy documentation available on our Website.
10.4. When responding to data subjects’ requests (e.g., access, correction, deletion, restriction of processing, or objection to data processing), the Joint Controller receiving the request is responsible for addressing it. If a request is made to all Joint Controllers, they will coordinate and agree on a common response. The Joint Controllers are committed to working together to ensure timely and accurate responses to all requests.
10.5. If a breach of personal data occurs, the Joint Controller that identified the breach will manage the incident, including notifying the Personal Data Protection Commissioner Malaysia and the affected data subjects, where applicable. If the breach arises from the actions or inactions of one specific Joint Controller, that party will take the lead in fulfilling legal obligations.
10.6. Data subjects may exercise their rights under the PDPA against any of the Joint Controllers. They may also submit their requests to the designated contact point provided below.
10.7. The Joint Controllers have established a shared point of contact for addressing requests and inquiries regarding personal data: malaysia@farmina.com.
10.8. The Joint Controllers will be jointly and severally liable for any processing of personal data that violates the PDPA or other applicable data protection laws.
11. OTHER INFORMATION
This Privacy Policy may be updated periodically, for example, to reflect changes in the Website, services, or applicable data protection laws in Malaysia. Any significant changes will be communicated through the Website or other appropriate means.
If you have questions or concerns about this Privacy Policy or the processing of your personal data, please contact us at malaysia@farmina.com.

Latest update: November 1, 2024