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 Nespresso S.A. (“Nespresso”), which includes Nespresso’s affiliated companies, are governed by the present terms of use (the “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, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

2. COPYRIGHT AND INTELLECTUAL PROPERTYty
2.1 The content of our Websites, namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes, are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a licence or a right to use any such content of our Websites.

3. USE OF THE WEBSITE
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every 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, unless you have the prior written consent of Nespresso.
3.2 Nespresso neither guarantees nor represents that your use of any content displayed on its Websites will not infringe the rights of third parties.

4. INFORMATION DEEMED NON-CONFIDENTIAL
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy (link). Nespresso invites you to read this Privacy Policy carefully before providing us with any such personally identifying data and information.
4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail 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 becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products with the use of such information. Any such use shall not entail any compensation for those providing the information, or anyone else.
4.3 By submitting information, you are guaranteeing that you own the material/content submitted, that it is not defamatory, and that, by using it, Nespresso will not be violateing any third party’s rights by using it. Nespresso is under no obligation to use the information provided.

5. DISCLAIMER OF WARRANTIES
5.1 Without prejudice to section 6 hereinafter, any material, information and all that you find on the website are furnished to you "as is", according to its availability and without any kind of assurance, express or implied, relating to warranty or fitness for sale of for any other particular purpose.

5.2 Nespresso does not guarantee that its websites or their content will meet your expectations or that they will not be suspended, up-to-date, secure or free from error.

5.3 Some jurisdictions may not allow certain limitations of guarantees, so some of the above exclusions may not apply  to you.

5.4  Any advice or information, be it oral or written, obtained from Nespresso or during the use of services made available on the Websites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

6. LIMITATION OF LIABILITY
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 You recognise and accept that, to the fullest extent permitted by aplicable regulations, neither Nespresso , any of its affiliated companies, nor any other party involved in creating, producing or delivering the Websites, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover profits or liabilities of any nature whatsoever (eveN if the advent of such damage was known or could have been known by Nespresso), capable of arising from your access to, or use of, or on the contrary the inability to use, the websites or their content.
6.3 All material downloaded or obtained by any other manner during the use of our websites is at your own risk and peril. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from any 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 without prior notice but does not assume any responsibility to do so.

8. AVAILABILITY OF PRODUCTS/SERVICES
Our Websites may contain information on Nespresso worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such a productor or service is or will be available at your location.

9. LINKS
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be held responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent from Nespresso.

10. MISCELLANEOUS
10.1 The present Terms of Use embody the entire agreement concluded between Nespresso and yourself concerning access to and the use of the Websites and their content. Any other terms or conditions issued by Nespresso and governing its relations with you, in particular relating to any service or product purchase, shall take precedence over  these terms of use and in the event of any inconsistency betwen the two. 
10.2 The fact that Nespresso tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as it having waived its right to invoke and enforce its rights.
10.3 In the event that any provision of the Terms of Use is considered to be illegal by any existing or future law or regulation or by a court ruling, then such provision shall be considered void, all other provisions of the Terms of Use maintaining full force and effect between yourself and Nespresso.
10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

Nestlé Nespresso S.A.
11/2005
© 2003 Nestlé Nespresso S.A. All rights reserved.

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 to issue you with credits, to market products and services we believe might be of interest to you, to process your job application, to  send you news releases, or to communicate with you. In addition, we may use your Data to evaluate the effectiveness of and improve  the services we provide to our visitors and customers, for our own internal statistics, to evaluate customer interests, as well as purchasing and other trends among customers and to better determine product development and marketing strategies. By submitting your Data, you expressly consent to such use. Nespresso keeps your Data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements.
Most of our services do not require any form of registration, thereby allowing you to visit our Websites, Boutiques and bars without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields (some are required, some are optional) as well as to choose a user name and password. In these situations, if you choose to withhold any Data requested by us, it may not be possible for you to gain access to certain parts of our websites and for us to respond to your queries.

3. Non-disclosure of information
Nespresso shall never sell, rent, share or otherwise distribute or make available your Data to third parties outside of the Nespresso group of companies, except when required to do so for legal or regulatory purposes. However, Data may occasionally be transferred to third parties, who act for or on behalf of Nespresso, for further processing in accordance with the purposes for which your Data were originally collected. When disclosure of Data to third parties is likely or necessary for whatever reason, Nespresso shall ensure that such third parties provide the same level of protection as Nespresso, and shall contractually require them to process Data transferred only for the purposes authorised by you and on a confidential and secure basis.

4. Right of access
In accordance with the relevant law in  France, articles 39 and after of Act 78-17 of 6 January 1978  on data processing, data  files and individual  liberties, you have the right to access and update your Data or to require their deletion.  Nespresso endeavours to ensure that your Data are up to date, accurate and complete. If you wish to access, correct or delete your Data held by us, please contact Nespresso at the following addresses: click here. We will handle your requests with the utmost care and precision.

5. Security/Confidentiality 

Nespresso undertakes to take all reasonable steps in order  to prevent your data being seen by third parties other than those who act for or on behalf of Nespresso and have agreed to keep your Data in a confidential and secure manner. Access to Data is on a need-to-know basis and is restricted to those of our employees who have been trained to observe strict standards of confidentiality in handling your Data.
To ensure the security and confidentiality of Data that Nespresso collects online, we use data networks protected, inter alia, by industry standard firewalls and password protection. Although we have tried to create secure, reliable and trustworthy Websites for our visitors, please be aware that the Internet is generally not regarded as a completely secure environment, and  that the confidentiality of the Data provided by you or material transmitted via our Websites or by email cannot be guaranteed by Nespresso. Thus, we can not be responsible or liable for the security of your Data whilst in transit via the Internet to us.

6. Data transfer abroad
Nespresso is an international group and has databases in different jurisdictions. Nespresso may transfer your Data to one of its databases or to companies within 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-recognised 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 to this end to its trans-border transmission.

7. Career opportunities
If you are interested in applying for either a position published or any future job opportunity within Nespresso, you may provide us with your Curriculum Vitae (“CV”). We will then match your qualifications and experience to the position you applied for, or any other current job opportunity. If your profile corresponds to our requirements, we will contact you.
You agree that we may keep your CV and data  in our databases for a reasonable period, after which it will be deleted. By applying, you  give your consent to your CV and data being to used to process your job application, to have such CV and Data communicated to other companies within the Nespresso group and to our partners, who have agreed to keep such CV and Data confidential and secure, and for it  to be transmitted  across national bordersfor this purpose. Nespresso undertakes to use your CV and Data only in relation to your career opportunities.

8. Anonymous data /“Cookie” technology
Most of the information we collect from our Websites is anonymous. When you visit our Websites, we do not collect any personal Data from you unless specifically, voluntarily and knowingly provided by you. Anonymous information is processed by Nespresso to help improve the content of our Websites, to customise our websites for our visitors and to learn more about them and how they use our Websites. In doing so, Nespresso may use tracking technology (Cookies) to gather anonymous information, such as browser type, operating systems and the date and time of access. “Cookies” by themselves cannot be used to discover the identity of the user. A “cookie” is a small piece of information which is sent to your browser and stored on your computer hard drive.

9. Spamming
Nespresso does not conduct “spamming”. Spamming is defined as sending unsolicited emails, usually of a commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. However, where we believe that one of our products is of  interest to you, we will inform you by email whilst giving you the choice of opting out of such a service.

10. Data  and children
To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Data. Nespresso will not knowingly collect, use, or disclose Data from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian).
Our Websites are general audience sites that are not designed nor intended to collect Data from children under the age of 18. We ask that parents supervise their children while online.

11. Links to other websites
As a service to our visitors, our Websites may provide hyperlinks to other websites that are not operated or controlled by Nespresso. Therefore, Nespresso can not be held  responsible or liable for the content of such websites or the privacy practices of third parties. Please note that their privacy practices may differ from our Policy. We encourage you to review and understand their privacy practices before providing them with personal information.

12. Contact Nespresso

Should you have any queries or complaints about our compliance with this Policy, or if you wish to make any recommendations or comments to improve the quality of our Policy, please contact Nespresso at the following addresses: click here. We assure you that we make every effort to constantly to improve the protection and security of the Data you provide to us. We invite you to also carefully read our “Terms of Use” for more information on the use of our websites.