DATA PRIVACY POLICY

SCOPE OF THIS NOTICE

Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your Personal Data and how we will treat it.

This Notice explains how your Personal Data are collected, used, and disclosed by Nespresso entities as listed in the controllers & contact section (Section 11) (“Nespresso”, “We”, Us”). 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, Customer Relationship Centers, Boutiques, points of sales and events. Please note that We combine Personal Data that We collect via one method (e.g. a Nespresso website) with Personal Data that We collect via another method (e.g. a Nespresso offline event). As part of this, We combine Personal Data that were originally collected by different Nespresso entities. Please see Section 8 for further information on how to object to this.

If you fail to 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 goods and/or services. This Notice can change from time to time (see Section 12).

This Notice provides important information in the following areas:

1. SOURCES OF PERSONAL DATA

This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:

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

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

E-mail, text and other electronic messages
Electronic communications between you and Nespresso.

Nespresso CRC
Calls to our Customer Relationship Centers (“CRC”).

Nespresso Boutiques
Stores managed by Nespresso.

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

Points of Sales
Demonstrators present in physical third party stores to assist you with the registering of your machine and coffee ordering.

Telemetry Data
We may collect certain data captured by Nespresso coffee machines that are connected to wifi. Examples include the machine Serial Number, machine alerts or errors, and the type of coffees prepared by consumers, with the respective date and time.

Data from other sources
Third party social networks (e.g. such as Facebook, Google) or market researches (if feedback not provided on an anonymous basis).

2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

Depending on how you interact with Nespresso (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), favorite products, hobbies and interests, and household or lifestyle information as well as your product preferences and your product selection on the website.

Technical information about 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 Nespresso 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 (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking. You have the right to object to the use of such technologies, for further details please see Section 3.

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

Consumer-generated content
This refers to 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 and posts or PM you can leave on Nespresso social media pages. 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
This refers to 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 Nespresso web application on a third party social network such as Facebook, every time you use a social networking feature that is integrated within a Nespresso 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 Nespresso, 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 CRC
Communications with a CRC will 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.

Email
We analyze your interactions with our content (e.g. click through, the opening of email) to provide you with personalized information based on your interests and preferences.

3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS

Cookies/Similar Technologies
Please see our Cookie Notice 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: /at/en/cookie-hinweis

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 personalization.

4. USES MADE OF YOUR PERSONAL DATA

Customer service
We use your Personal Data for customer service purposes, including responding to your inquiries. 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 (relayed via our communication channels or social media for instance), general question, etc.).

• Fulfilling contractual obligations
• Legal obligations
• Our legitimate interests

Contests, marketing and other promotions
With your consent (where required), We use your Personal Data to provide you with information about goods or services (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 purposes. For detailed information on how to modify your preferences about marketing communication, please see Sections 8 and 9 below. For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion.

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

• Working out which of our products and services may interest you and telling you about them
• Defining types of customers 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.

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

• Working out which of our products and services may interest you and telling you about them
• Defining types of customers 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 and to make the ordering process as easy as possible, (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 and screen name including all data you have provided in the past and that we can assign to you doubtlessly, 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, or that you can process further orders by using the same data that we already received from you. Based on this type of information, and with your consent (where required), We also show you specific Nespresso 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.

• With your consent

Order fulfillment
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. The contractual data is saved for billing and is available for the customer after login.

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

• Improving and developing new products and services
• Being more efficient
• Protect our assets and staff

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 conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, should you have Club Member accounts, toreconcile those accounts into one single account. We also use your Personal Data to ensure our security.

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

• Improving and developing new products and services
• Being more efficient
• Protect our assets and staff

Legal reasons or merger/acquisition
In the event that Nespresso 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.

• Legal obligations
• Our legitimate interests

• Compliance with legal obligations
• Protect our assets and staff

5. DISCLOSURE OF YOUR PERSONAL DATA

In addition to the Nespresso/Nestlé entities or ad-hoc in-country partners (in charge of Nespresso operations) mentioned in the data controllers & contact section (see Section 11), We share your Personal Data with the following types of third party organisation:

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, CRC, 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’ve been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure. Where required by applicable law, you can obtain a list of the providers processing your Personal Data.

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 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 (see Section 4 for details).

6. ANALYSIS TOOLS AND ADVERTISING

Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called "cookies". These are text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. The storage of Google Analytics cookies is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the analysis of user behaviour in order to optimise both his website and his advertising.

Google Signals
We use Google Signals. This means that Google Analytics collects additional information about users who have activated personalized ads (interests and demographic data) and ads can be delivered to these users in cross-device remarketing campaigns.

IP anonymization
We have activated the IP anonymization function on this website. This means that your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before it is transmitted to the USA. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other data from Google.

Browser Plugin
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Objection to data collection
You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie will be set to prevent the collection of your information on future visits to this site: Disable Google Analytics. For more information about how Google Analytics treats user information, please see the Google Privacy Policy: https://support.google.com/analytics/answer/6004245?hl=de.

Demographic characteristics in Google Analytics
This website uses the "demographic features" function of Google Analytics. This allows us to generate reports that contain information about the age, gender and interests of the site visitors. This data is derived from interest-based advertising by Google as well as from visitor data from third parties. This data cannot be assigned to a specific person. You can disable this feature at any time in your Google Account Ads settings or generally prohibit Google Analytics from collecting your information as described in the "Opting out of data collection" section.

Custom Audiences
We use Custom Audiences from the following companies:

• Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Irland („Facebook“ & “Instagram)
• Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

We process your data, including your encrypted e-mail address, for the following purposes: creation of profiles, analysis purposes, linking and enrichment with browser data and advertising tailored to you. For these purposes, your data will also be passed on to Nespresso service providers who process the data exclusively for Nespresso and according to their instructions. This allows communication to be better tailored to your needs.

Generally, a non-reversible and non-personal checksum (hash value) is generated from your usage data, which can be transmitted to Meta Platforms or Google for analysis and marketing purposes.

If you wish to object to the use of Custom Audiences, you can adjust this accordingly in your online account at any time. You can also contact us by phone on 0800 21 62 51 or by email (kundenservice.at@nespresso.com) to object to the use.

For more information about the purpose and scope of the data collection and the further processing and use of the data by Meta Platforms, as well as your setting options to protect your privacy, please refer to the Meta Platforms data protection guidelines, which can be found on www.facebook.com/ads/website_custom_audiences and www.facebook.com/privacy/explanation.

For more information about the purpose and scope of the data collection and the further processing and use of the data by Google, as well as your setting options to protect your privacy, please refer to Google's data protection guidelines, which can be found at About Custom Segments - Google Ads Help.

7. PROFILING

We use your data to analyze your interests and shopping behavior and to provide you with personalized content and offers. These offers are based on your past purchasing behavior at Nespresso and interactions with Nespresso content (e.g. on the website and in emails). This type of data processing is profiling in accordance with Article 4 No. 4 GDPR. Profiling means the automated processing of personal data by evaluating the personal aspects relating to a natural person, in particular to analyze or predict aspects relating to work performance, economic situation, health, personal preferences or interests, reliability or behavior, location or change of location of the person concerned person, to the extent that this has legal effects for the person concerned or similarly significantly affects them.

We analyze your user behavior on the website and create a profile based on this data. Based on this, we develop individualized advertising and marketing measures that are tailored to your interests and shopping habits. This allows us to provide you with content and offers that are more likely to be relevant to you. Based on your shopping behavior (e.g. products in your shopping cart, order quantity, length of stay), you will receive special offers and promotions that we consider to be suitable for you.

You can also revoke your consent to this data processing at any time by contacting our customer service or activating the opt-out box under Personalized advertising and market and opinion research in your member account under “my personal data”.

Personalization (offline and online)
We use your personal data (i) to analyze your preferences and habits or shopping behavior and to facilitate the ordering process, (ii) to anticipate your needs based on our analysis of your profile, (iii) to your experience on our websites and apps to improve and personalize; (iv) to ensure that content from our websites/apps is optimized for you and for your computer or device; (v) to provide you with targeted advertising and content based on your past Nespresso shopping behavior and interactions with Nespresso content (e.g. on the website and in emails), and (vi) to allow you to participate in interactive features can.

For example, we remember your login ID / email address or user name, along with other information that you have provided to us in the past and that we can clearly assign to you, so that you can log in the next time you visit our website to quickly log in or so that you can easily retrieve the items you have previously placed in your shopping cart or place additional orders using the same information we have already received from you. Based on this type of information, we also show you specific Nespresso content or promotions tailored to your interests. The use of your personal data is voluntary, which means that you can refuse the processing of your personal data for this purpose. by contacting our customer service or activating the opt-out box under Personalized advertising and market and opinion research in your member account under “my personal data”.

Our reasons:

• Our legitimate interests: finding out which of our products and services may interest you and informing you about them, identifying customer types for new goods and services

8. RETENTION OF YOUR PERSONAL DATA

In accordance with applicable laws, We will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 4 above) or to comply with applicable legal requirements. Personal Data used to provide you with a personalized experience (see Section 4 above for details) will be kept for a duration permitted by applicable laws.

9. DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA

We use a variety of reasonable 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 customer care matters will have access to your customer 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 require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence, notably Switzerland and Luxembourg. We will also transfer your Personal Data to countries outside the European Economic Area (“EEA”) (e.g. other Nespresso/Nestlé entities or ad-hoc in-country partners) 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).

10. ACCESS TO YOUR PERSONAL DATA

Access to Personal Data
Where provided by law, you, your successors, representatives and/or proxies 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 sending Us an e-mail to kundenservice.at@nespresso.com or writing to us at Nespresso, Wiedner Gürtel 9, 1100 Wien, 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, your successors, representatives and/or proxies can (i) request deletion, the portability, correction or revision of your Personal Data; (ii) oppose the data processing; (iii) limit the use and disclosure of your Personal Data; and (iv) revoke consent to any of our data processing activities.

11. 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. Please see Section 3 above.

Advertising, marketing and promotions
If you wish to have your Personal Data used by Nespresso to promote its products or services, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique 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 opt-out of marketing communications sent by any medium, including third party social networks, you can opt-out at any time by 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 CRC. 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 Nespresso to provide you with a personalized experience/targeted advertising & content, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to benefit from this, 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 CRC.

Interest Based 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 Nespresso sites or on non-affiliated websites over time. You can visit www.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.

12. CHANGES TO OUR NOTICE

If We change the way We handle your Personal Data, We will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.

13. 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: kundenservice.at@nespresso.com or writing to us at Wiedner Gürtel 9, 1100 Wien or call our CRC on 0800 21 62 51.
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).
If necessary, you can of course also make a complaint to the data protection authority (Barichgasse 40-42, 1030 Vienna, e-mail: dsb@dsb.gv.at, phone: +43 1 521 52-25 69).

In addition, all the following Nespresso/Nestlé entities or ad-hoc in-country partners: