PRIVACY POLICY for The FarminaGenius Mobile Application

2.3. Data received in connection with the use of the "Write to me" form - contact with a nutritional consultant through the functionality included in the Application.
  The Application User who is also a user of at least one of the services enabling logging in to the Application, i.e. Google or Apple, has the option of registering and logging in using the account data held in one of these services. By registering via Google, the User allows the Application to access the User's personal data contained in his profile, to the extent necessary to create an Account in the Application, i.e. data in the form of an e-mail address and the User's name and surname. When logging in through Apple, this service will provide us with personal data of the User in accordance with the specific consent expressed by the User.   When registering in the Application, the User may consent to the access of the Application to the location of the mobile device on which the User uses the Application in order to be able to locate the nearest shops offering Farmina products and services, as well as to find the location of events organized by us.

Expressing consent to grant the Application access to the location of the mobile device is voluntary and does not affect the use of other services offered as part of the Application.

The consent referred to above may be withdrawn at any time in accordance with the following instructions:
 

• On your phone, open the application settings.
• Click Apps.
• Click on the FarminaGenius Application. If you can't find it, tap See all applications. Then select the FarminaGenius Application.
• Click Permissions.
• To change the permission setting, click Location and select Don't allow.

2.6.2 IOS

• On your phone, go to Settings.
• Go to Privacy > Location Services.
• Select the FarminaGenius Application.
• To change the permission setting, select Never.

2.7. Data Processing in Connection with Using Analytics for Firebase
Our Application uses Google Analytics for Firebase, which is an analytics service provided by Google LLC ("Google").
The Application uses an advertising identifier similar to a cookie (to recognize the device in Google Firebase and allow it to analyze the User's behavior). The data processed as part of the use of analytical tools includes, in particular: online identifiers, including cookie IDs and device identifiers, and customer identifiers. When collecting data, Google Analytics does not record or store IP addresses.

Analytics provides approximate geolocation data by pulling the following metadata from IP addresses: city (and city latitude and longitude), continent, country, region, subcontinent (and identifier-based equivalents). For traffic within Malaysia, IP address data is used exclusively to retrieve geolocation data and then immediately discarded. This data is not recorded, accessed, or used for any other purpose.

Google will use the data on our behalf to analyze how Users use the Application and to compile anonymized reports. These reports include data such as frequency of use of the Application, geographic data, content viewed, session data, and the User’s device and operating system. These reports help us continuously improve the quality of our Application. The collected data will be deleted after 14 months.

You can find more information and the current privacy policy of Google and Firebase here: https://policies.google.com/privacy and https://firebase.google.com/support/privacy.
The legal basis for this processing is the consent of the Application User expressed in the Application settings in accordance with Malaysia's Personal Data Protection Act 2010 (PDPA).

You can change your consent to the use of Analytics at any time by deactivating the "Analytics" function in the Application settings. Changing the settings requires doing so on all devices on which you use the Application.
Your consent to the use of Analytics for Firebase in the Application is tantamount to consent:

• For the processing of your personal data for the purposes referred to in this section based on the provisions of Malaysia's PDPA.
• For the installation of the Analytics for Firebase identifier pursuant to Malaysia's Communications and Multimedia Act 1998 regarding the storage of information on end-user devices and obtaining access to them.

In connection with our use of tools provided by Google, your personal data may be transferred to third countries, including, in particular, the United States. The legal basis for the transfer of personal data to the US in this case is Google's participation in international data transfer mechanisms that comply with Malaysian data protection laws.
Please note that Google may also transfer data to entities outside Malaysia in connection with the use of their services. If Google uses the services of entities from countries that are recognized by Malaysian authorities as having an adequate level of data protection, the transfer of data is based on that recognition. In cases where data is transferred to countries without such recognition, Google will rely on standard contractual clauses or other legal safeguards in accordance with Malaysian data protection regulations.

More information on the collection of Users' data by Google is available at the link: https://policies.google.com/technologies/partner-sites.
  Using the Application is always associated with sending a request to our server. Individual queries are saved in server logs and stored there. The data contained in the logs consists of: IP address, time of arrival of the request, time of sending the response and information about the User's operating system. These data are not associated with specific Users using the Application and are also not used to identify Users in any way, they are used only for server administration purposes. The retention period of server logs is 6 months.
  The Application may contain links to other websites or applications. When clicking on a link or application, please note that each of them has its own privacy policy. For this reason, we recommend that you read their privacy policies before using other websites or applications.

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 Application is not intended for use by children, we do not knowingly collect data about children.

3. THE PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL DATA AND THE LEGAL BASIS FOR PROCESSING
As part of the Application, we process your data, where applicable, for the following purposes:
3.1. To perform our obligations under the contract for the provision of electronic services, if it has been concluded with you, including enabling you to set up and manage your Account/Profile in the Application – in accordance with the Contractual Necessity under the Personal Data Protection Act 2010 (PDPA).

3.2. To handle an order for a free nutritional consultation – in accordance with Contractual Necessity (PDPA).

3.3. To handle inquiries and notifications that you address to us – based on our Legitimate Interest (PDPA).

3.4. To conduct direct marketing activities and send commercial information regarding our products and services (including Notifications) – based on your Consent (PDPA).

3.5. To ensure the operation of functionalities that require granting the Application access to the location of your mobile device, allowing you to locate the nearest stores offering Farmina products and services, as well as locate events organized by us – based on your Consent (PDPA) expressed in the settings of your mobile device.

3.6. To contact you, in particular for purposes related to the provision of services – based on Contractual Necessity (PDPA) or our Legitimate Interest (PDPA).

3.7. To store data in order to ensure accountability (including demonstrating compliance with obligations arising from legal provisions) – based on our Legitimate Interest (PDPA).
3.8. To establish, protect, and pursue claims – based on our Legitimate Interest (PDPA).

3.9. To enable you to participate in the loyalty program, if organized – in connection with Contractual Necessity (PDPA) (in this case, a detailed information obligation will be included in the terms and conditions applicable to the program).

3.10. To enable you to participate in contests, if organized – based on our Legitimate Interest (PDPA) (in this case, a detailed information obligation will be included in the terms and conditions applicable to the contest).

3.11. To consider and handle complaints submitted by you regarding our services, if applicable – in connection with the implementation of our Legal Obligation (PDPA).

3.12. To develop statistics on the use of the Application by Users, including the collection of general demographic information (e.g., about the region from which the connection is made) – based on your Consent (PDPA) in connection with the installation of Analytics for Firebase, as expressed in the Application settings.

3.13. To perform technical activities and solve technical problems related to the administration of the Application – based on our Legitimate Interest (PDPA).

3.14. To ensure the security and integrity of the services we provide to you electronically, including preventing fraud and abuse and ensuring traffic security – based on our Legitimate Interest (PDPA).

Please note that you may opt out of receiving marketing and commercial communications at any time, as outlined in Section 2.5. We respect your decisions, so you can update your preferences at any time if you no longer wish to receive marketing information from us.

4.TECHNICAL MEASURES
We make every effort to secure your data and protect it from the actions of third parties. We use all necessary security of servers, connections and the Application. In particular, the communication between your mobile 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. In the case of using the services of subcontractors – we carefully verify their credibility and the security measures they use to protect the data of the Users of our Application. 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 your login and password to the Application confidential and not to share them with third parties.

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

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

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

5.3. other entities that will process personal data as an independent data controller: e.g. business partners (including advertising partners),

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

6. PERIOD OF STORAGE OF YOUR DATA
Your personal data will be processed for the period necessary to fulfill contractual obligations related to the provision of services, as well as for the duration required by applicable Malaysian laws, particularly the Personal Data Protection Act 2010 (PDPA) and other relevant regulations concerning legal claims, dispute resolution, and compliance obligations.

We are entitled to process personal data based on your consent until the data is no longer necessary to achieve the purpose for which it was collected, or until the purpose of processing is fulfilled. If you withdraw your consent, we will cease processing your data unless retention is required by law.

If you have submitted inquiries or requests, we will process your personal data until your request has been addressed. Where applicable, your data may be stored to defend against legal claims or to enforce claims we may have against you.

Personal data processed based on our legitimate interest will be retained until you raise an objection or until the data is no longer necessary for the stated purpose, whichever occurs first.

All data will be securely deleted or anonymized once retention is no longer necessary under applicable Malaysian regulations.

7. YOUR RIGHTS
In connection with the processing of your personal data, you have the following rights under the Malaysian Personal Data Protection Act 2010 (PDPA), where applicable:
7.1. The right to request access, correction, deletion of your personal data, or restriction of its processing.

7.2. If we process your data based on consent, you have the right to withdraw it at any time. However, this will not affect the lawfulness of processing carried out before the withdrawal of consent.

7.3. The right to object at any time to the processing of your personal data based on our legitimate interest, for reasons related to your specific situation.

7.4. The right to lodge a complaint with the Department of Personal Data Protection (JPDP), Malaysia, if you believe that your data has been processed in violation of PDPA 2010. More information on the JPDP and its complaint procedures can be found here: https://www.pdp.gov.my.

How to exercise your rights:
You can manage some of your rights directly within the Application:

• Unsubscribing from commercial communications: Click the "unsubscribe" link in our marketing emails or adjust your Profile settings (if you are a registered user).
• Opting out of marketing push notifications: Change your notification settings in the Application settings on your mobile device.
• Managing location access permissions: Adjust your mobile device's settings according to the instructions in Section 2.6.1 or 2.6.2 of this Privacy Policy.
• Withdrawing consent for Analytics for Firebase: Deactivate the "Analytics" function in the Application settings on all devices where you use the Application.
• Opting out of targeted advertising (Google & Facebook ads): Adjust your consent settings in your Profile (if you are a registered user) or contact us at malaysia@farmina.com. You can also manage ad settings directly in your Google and Facebook profiles.

For all other requests, you can contact us via email at malaysia@farmina.com.
We will strive to process your request as soon as possible and will respond within 30 days at the latest. If additional time is required due to the complexity of your request or a high volume of requests, we will notify you accordingly.

If we have reasonable doubts about the identity of the person making the request, we may ask for additional verification. While providing this information is voluntary, failure to do so may result in our inability to fulfill your request.

We retain information about received requests to comply with our legal obligations under PDPA 2010 and for the purpose of legal protection and dispute resolution.

Providing personal data is voluntary, but failure to provide it may limit your access to certain services in the Application.

8. TRANSFER OF DATA OUTSIDE MALAYSIA
In addition to the transfers of personal data mentioned in Section 2.5 and Section 2.7 regarding the use of tools provided by Google and Meta Platforms, in connection with intercompany relations and administrative support services provided by Farmina Pet Foods Doo (based in Indjija, Serbia) to the Data Controller in Malaysia, where applicable, your personal data may be transferred to Serbia.

Serbia is not designated as a country with adequate data protection standards under Malaysian Personal Data Protection Act 2010 (PDPA). However, the legal basis for this data transfer is a Data Transfer Agreement (DTA) that includes Standard Contractual Clauses (SCCs) between Farmina Pet Foods Holding B.V. and Farmina Pet Foods Doo.

If you require a copy of these SCCs, you may contact us via email: malaysia@farmina.com.

9. COMMON ESSENTIAL ARRANGEMENTS OF JOINT CONTROLLERS

9.1. The Joint Controllers will process personal data only for the period necessary to fulfill the purposes outlined in this Privacy Policy.

9.2. The Joint Controllers will divide their responsibilities in compliance with Malaysian PDPA 2010, as detailed in the following points.

9.3. The Joint Controller that collects or receives the personal data is responsible for fulfilling data notification obligations towards the data subject. To ensure compliance, all necessary information will be included in the privacy policy of the Application and Website.

9.4. When responding to requests from data subjects (including requests regarding access, correction, deletion, restriction, portability, or objections), the Joint Controller that initially received the request will be responsible. If the request is directed at all Joint Controllers, they will coordinate to provide a unified response. All Joint Controllers must cooperate in processing requests from data subjects.

9.5. In the event of a personal data breach, the Joint Controller that discovers the breach will be responsible for handling the incident, notifying authorities, and informing affected data subjects (if required). If the breach was caused by a specific Joint Controller, they will be responsible for fulfilling obligations under the PDPA.

9.6. Regardless of the above arrangements, data subjects may exercise their rights under PDPA 2010 against any Joint Controller or contact the designated data protection contact point.

9.7. The Joint Controllers have established a common point of contact for data subjects at the following email address: malaysia@farmina.com.

9.8. In cases where personal data is processed in violation of PDPA 2010, all Joint Controllers will be jointly and severally liable for any legal consequences.

10. OTHER INFORMATION
This Privacy Policy may change, among others, in connection with the development of the Application or in the event of changes in the law.

Latest update: February 24, 2025