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  • TERMS OF USE

    1. Acceptance and Modification of the Terms of Use

    1.1 Your access and use of the websites (the “websites”) of Nestlé Brasil Ltda. - Nespresso Business Unit (“Nespresso”), which includes affiliated companies, are governed by these Terms of Use. By accessing, browsing and using our websites, you acknowledge that you have read, understood, and accepted, without reserve, these Terms of Use, which may be modified from time to time.

    1.2 If we decide to modify our Terms of Use, we will post a new version on our websites with the respective date. For that reason, we recommend you refer to these Terms of Use from time to time in order to be informed about any changes.

    2. Copyright and Intellectual Property

    2.1 The content of our websites and mainly but not exclusively the texts, marks, logos, diagrams, images, videos, sounds, songs, layout, designs, know-how, technologies, products, and processes are property of Nespresso or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights existing under the applicable law.

    2.2 Except as provided in Section 3 below, nothing contained on our websites shall be interpreted or construed as granting you a license or a right to use any such content of our websites.

    3. Use of the Websites

    3.1 You may download, display or print the content of our websites solely for personal, non-commercial use, thereby keeping and reproducing part of or the entire copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent by Nespresso.

    3.2 Nespresso is not liable for the use, by third parties, of any content displayed on its website. Nespresso neither warrants that your use of such content will not infringe rights of third parties nor is held liable for any claims and/or lawsuits of any type arising out of such use.

    4. Non-Confidential Information

    4.1 Any personally identifying data and information that you may send via the Internet to our websites are protected and handled according to our Privacy Policy. Nespresso recommends you read such Privacy Policy carefully before providing us with any such personally identifying data and information.

    4.2 Any other information or material transmitted to Nespresso through the Internet, by email or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post will become the property of Nespresso and may be freely used for any purpose, including, the reproduction, disclosure, transmission, publication, broadcast, and posting.

    4.3 Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communications you send to the websites for any reason including, but not limited to the development, manufacturing, marketing and trading of products using such information. Any such use is without compensation to those providing the information, nor anyone else.

    4.4 By submitting information, you warrant that you own the material/content submitted, that it is not defamatory, and that Nespresso's use will not violate any third party's rights. Nespresso has no obligation to use the information provided.

    5. Disclaimer of Warranties

    5.1 Without prejudice to section 6 below, any material, information and everything you find on the websites are provided “as is”, according to their availability, and without any guarantee of any type, express or implied, including the suitability for any specific purpose.

    5.2 Nespresso does not guarantee that its websites or their content will correspond to your expectations, that they will not be interrupted or that they will adequate and free of errors.

    5.3 Some jurisdictions may not allow certain limitations of warranties and therefore some of the above exclusions may not apply to you.

    5.4 No advice or information, whether in oral or written form, obtained from Nespresso or during the use of services available on the websites, shall give rise to any warranties that have not been expressly provided for in these Terms of Use.

    6. Limitation of Liability

    6.1 You access, use, and browse our websites at your own account risk.

    6.2 You recognize and accept that, to the fullest extent permitted by applicable law, neither Nespresso, nor any of its affiliated companies, nor any other party involved in creating, producing or delivering the websites may be held liable for any direct or indirect damages, any injury to reputation, costs, losses, decrease in sales or profit or liabilities of any nature that may result from your access, use, or the impossibility to use the websites or their content.

    6.3 All materials downloaded or obtained by any other means while using our websites are at your own account and risk. Nespresso is not liable for any damages or viruses that may affect your computer or other property by reason of your access, use or download of any material from our websites or any illegal intrusion or intervention in the IT (Information Technology) systems.

    6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionalities of its websites. Nespresso is not responsible or liable for any interruption or discontinuance of any or all functionalities of its websites resulting from actions or omissions of Nespresso or any third party.

    7. Change of Information The content of our websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content at any time and without prior notice.

    8. Availability of Products / Services Our websites may contain information on Nespresso's products and services from all over the world. However, not all of them are available in every location. A reference to a Nespresso's product or service on the websites does not imply that such product or service is or will be available at your location.

    9. Miscellaneous

    9.1 These Terms of Use constitute the entire agreement entered into by and between Nespresso and you with respect to the access and use of the websites and their content. Any other terms or conditions issued by Nespresso and governing its relations with you, particularly in relation to any service or purchase of product, shall supplement the Terms of Use. In the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.

    9.2 The fact that Nespresso tolerates a violation committed by you against the obligations provided for in the Terms of Use, or the fact that it does not enforce a right attributed hereunder or under the legislation in force shall not be construed as a waiver by Nespresso to invoke and enforce its rights.

    9.3 In case a provision of the Terms of Use is deemed illegal by any applicable law or regulation, existing or future, or by a judicial order, then such provision shall be deemed invalid. All other provisions of the Terms of Use will remain in full force and effect between you and Nespresso.

    9.4 The headings of the provisions of the Terms of Use are for convenience and shall not change or modify the terms and conditions in any manner.

    Nestlé Brasil Ltda. - Nespresso Business Unit
    Avenida Doutor Chucri Zaidan, 246, 22º Andar – Vila Cordeiro / São Paulo-SP
    CNPJ: 60.409.075/0126-73 - IE (State Registration Number): 149.614.769.117
    December/2013
  • PRIVACY POLICY

    Nespresso's Privacy Policy has been elaborated in order to reaffirm our commitment to the privacy and security of the information provided by our customers, members of the Nespresso Club. By placing orders for our products and using our services, you agree with the practices regarding the collection and use of data described in this policy, which may be occasionally updated. We reserve the right to change this Privacy Policy and we recommend you refer to it from time to time in order to be aware of any changes.
    This policy covers the way Nespresso deals with the information that can identify users, whether those gathered directly on this website or those stored in its electronic database by other means of collection, such as forms filled in by physical means or queries to the customer service.

    Nestlé Brasil Ltda. - Nespresso Business Unit
    Avenida Doutor Chucri Zaidan, 246, 22º Andar – Vila Cordeiro / São Paulo-SP
    CNPJ: 60.409.075/0126-73 - IE (State Registration Number): 149.614.769.117

    1. Pledge of Privacy

    Nespresso does not collect or process personal identification data such as name, address, telephone/fax number, and e-mail unless you wish to provide them. We guarantee our team complies with strict security and confidentiality standards and when we process your data we ensure we are in full compliance with internationally recognized standards of privacy protection.

    2. Intended use of Data

    Nespresso collects and processes data only for specific and limited purposes which we inform you about when you wish to use certain services. For example, we may collect and use data to provide you with our products or services, to bill you for products or services you request, to verify your credit, and to inform you about products and services which we believe might be of interest to you. We may also use your data to assess the efficiency of our products and services and then improve them by analyzing the products and services you are most interested in as well as purchase trends. By submitting your data, you expressly consent to such use. Nespresso keeps your data only as long as it is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements. After that period, your personal information will be deleted from all systems of the Nespresso Group. Some of our services require registration to be used and, when registering, you will have to fill in mandatory and optional fields and you will also be able to choose a user for access (email) and a password. If you refuse to provide any of the requested data, you will not have access to certain areas of our website and mobile application and for that reason we possibly may not answer your questions.
    Additionally, Nespresso uses search technology by means of cookies in order to collect personal information such as the type of browser and the operating system you have in your computer, reference page, your way through the website, ISP domain, etc. in order to better understand how visitors use this website so that we can determine the profile of those who visit the website and improve our services, products, content, and ensure the best offers and promotion. Nespresso also keeps all information gathered through cookies in a format that prevents personal identification. This information will not be disclosed outside of the Nespresso Group or to the third parties designated by us and will not be used for unsolicited communications.
    In addition to your IP (Internet Protocol) address, the cookies in your computer do not have your name. After the end of the session, the information in the cookies will no longer be available to Nespresso. It is worth saying that your data is registered by Nespresso in an automated way and therefore no human intervention is needed. We recommend you make sure that your computer settings reflect your position for accepting or declining cookies. Your browser has features that may warn you before accepting the receipt of cookies or you may simply set it to decline them, despite the fact that you may not have access to all features of this website if you do so. Remember that if you use different computers at different places, it will be necessary to ensure that each of your browsers is set to reflect your preferences with respect to cookies.

    3. Non Disclosure of Information

    We undertake to take all possible and applicable measures in order not to allow that your data is viewed by third parties in addition to those that work for in on behalf of Nespresso and that have agreed to use your data in a confidential and secure manner. Access to data is limited to our employees, who are trained to follow strict confidentiality standards, on a need to know basis.
    Nespresso will never sell, rent, share, distribute or make available your data to third parties that do not belong to the Nespresso Group, except for government agencies and legal authorities in case we are required to do so in order to comply with the applicable law; or in accordance with our criteria in good faith, such disclosure becomes reasonably necessary for complying with legal proceedings; in response to any actions or legal claims; or for the purposes of protecting the rights of Nespresso Group, its customers or the public in general. Nespresso requires its partner companies and service providers to guarantee the protection and privacy of the data referred to in this policy in cases when such data needs to be shared.
    In order to ensure the security and confidentiality of the data Nespresso collects online, we use data networks protected, inter alia, by industry standard firewalls and password protection.

    4. Right of Access

    You have the right to access and update your data or to require its deletion. We endeavor to ensure that your data is up to date, accurate and complete. If you wish to access, correct or delete the data we keep, please contact Nespresso at the following address: click here.

    Nespresso is an international group and has databases in different jurisdictions. Nespresso may transfer your data to one of its databases or to companies of the Nespresso group or to its partners, who have agreed to keep your Data confidential and secure, outside of your country of residence. If the level of privacy protection in a country does not comply with internationally recognized standards, we will ensure that Data transfers to our databases in that country are equally protected and that a transfer of Data to third parties in such countries does not occur. By submitting your Data, you expressly agree to its possible transfer to other companies within the Nespresso group and/or its partners and therefore to its international transmission.

    5. Spamming

    Spam is unsolicited email, usually of commercial nature, sent in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. Nespresso does not send spam. We inform Nespresso Club Members about the release of products, offers, services and benefits, as we believe these are of interest to you. However, Nespresso will not use your personal information (or your email) for direct marketing or to send communications unless you EXPRESSLY authorize us to do so. That condition is known as “Opt-in.” Such communications sent by e-mail mandatorily offer the option to cancel the sending of this type of message by Nespresso, which can also be requested through other service channels such as chat, toll free number 0800 7777 737 or via the Contact Us email form. Your request will be met within the minimum time required for execution.

    December/2013
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