Legal Notice

For Clients and Distributors of Nespresso PROFESSIONAL

1. Acceptance of the Terms of Use
   1.1. The present terms of use govern the relations among the Swiss corporation Nestlé Nespresso("Nespresso") and the users of the services made available on this site to clients and distributors of NespressoPROFESSIONAL. Each user is subject to the present conditions.
   1.2. By registering and clicking on the "I accept " icon, the user acknowledges that he/she has read, understood and accepted the present conditions and that he/she intends to comply with them.
   1.3. In case of non-compliance with the terms of use, Nespresso reserves the right, without any indemnity and without notice, to discontinue and/or refuse access in the future to all or part of the services made available on this site, without prejudice to the different causes of action at law or in contract which it could pursue.
2. Description of the Services
   2.1. Nespressois the manufacturer of NespressoPROFESSIONAL products, a line centred around an exceptional coffee and intended for enterprises and liberal professions. Through the present Internet site, Nespresso acts as an intermediary and puts distributors and clients of Nespresso PROFESSIONAL into contact with one another.
   2.2. By means of the present site, Nespresso PROFESSIONAL clients have notably the possibility to request a test placement or to order Nespresso PROFESSIONAL products.
   2.3. Each request for a test placement or order made by means of the present site will be forwarded by Nespresso to the client's distributor. The distributor will acknowledge receipt of the request or the order and will confirm it without delay by addressing an email confirmation directly to the client.
   2.4. Clients of distributors with their own site shall be automatically transferred to that site by Nespresso when they connect initially to the present site.
   2.5. Nespresso is not a party to the test placement or sales contract concluded by means of the present site between the distributor and the client. The role of Nespresso is limited to that of a simple intermediary, making a platform available to facilitate commercial exchanges between clients and distributors of Nespresso PROFESSIONAL. Nespresso cannot by consequence be held responsible for the obligations of either the distributor or the client, namely with respect to prices, delivery, invoicing, or payment of the products.
3. Obligation to Register
   3.1. Registration for the services offered on this site by Nespressois free of charge and signifies the acceptance of the present terms of use.
   3.2. In order to use the services offered by Nespresso, the user must complete the registration form. The user undertakes to furnish accurate and complete information and to update it as quickly as possible.
   3.3. Once all the registration formalities have been completed, Nespressowill assign a personal password to the user enabling him/her to access the site and the services that it offers.
   3.4. The password is strictly personal and confidential. The user undertakes not to divulge his/her password to any other party. The user is responsible, according to the present terms of use and the law, for the acts and schemes of any person using his/her password, even if this occurs without the user's knowledge. The user undertakes to report any unauthorized use of his/her password to Nespresso as quickly as possible.
4. Test Placements and Sales Conditions
   4.1. The conditions governing a test placement of a NespressoPROFESSIONAL machine are those applied by and agreed with the distributor.
   4.2. The prices and other sales conditions governing the orders placed by means of the present site are those priorly and freely concluded between the client and the distributor. The fact that the order was placed by means of this site does not in any way modify such sales conditions.
   4.3. Prices displayed on the present site are communicated only for general purposes of information. The applicable prices for an order placed through this site are those freely and previously fixed between the client and the distributor.
   4.4. Since Nespressodoes not intervene in the test placement, the conclusion of the sale, the delivery, the billing, or the payment, it cannot in any case be considered as being responsible in case of disagreement, errors, non-performance, or conflicts that could arise between the client and the distributor.
5. Guaranties
   5.1. You use and navigate this site at your own risk and peril. You acknowledge and expressly accept the exclusive dispositions here under.
   5.2. THE SERVICES AND ALL THAT YOU FIND ON THE PRESENT SITE ARE FURNISHED TO YOU "AS IS", IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
   5.3. NespressoDOES NOT GUARANTEE THAT THIS SITE AND THE SERVICES MADE AVAILABLE ON IT WILL CORRESPOND TO YOUR EXPECTATIONS, THAT THEY WILL NOT BE INTERRUPTED, OR THAT THEY WILL BE TIMELY, SECURE AND FREE OF ERROR.
   5.4. ALL MATERIALS THAT ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF THIS SITE OR THE SERVICES IT MAKES AVAILABLE ARE AT YOUR OWN RISK AND PERIL. Nespressoassumes no liability for any damage or virus that could affect your computer equipment by reason of your use of access to or downloading of any material from this site.
   5.5. Any advice or information, be it oral or written, obtained from Nespresso or during the use of the services made available on this site, shall not give rise to any guarantees that are not expressly provided for in the present terms of use.
6. Limitation of Liability
   6.1. You recognize and accept that, to the fullest extent permitted by applicable regulations, Nespressomay not be held liable for any direct, indirect, or consequential damages, any injury to reputation ,costs, losses, decrease in turnover or 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 the use or, on the contrary, the impossibility to use the site or the services made available on it.
   6.2. The user accepts to discharge, release, and hold harmless Nespresso, its affiliates, directory, agents and employees from all liability for any damages resulting from the use of its site, regardless of the cause of the damages. Nespressooffers simple technical means to put clients and distributors into contact with one another and cannot be held liable for any acts of the users of this site.
   6.3. Without limiting the extent of the other provisions of the present terms of use, the liability of Nespresso, if it were to be established, regardless of the cause or the nature of the action, cannot exceed, all damages included, an amount equal to that paid by the user for the services offered by Nespresso on the present site.
   6.4. Without limiting the extent of the other provisions of the present terms of use, Nespresso cannot be held liable, be it in tort or in contract, for any damages arising out of a case of force majeure, events outside its control, or acts of third parties or of the victim of the damage. The user acknowledges that events outside the control of Nespresso include breakdowns and technical problems concerning hardware, software, computer programs and the Internet, including but not limited to interruptions, suspensions or termination of service. The user acknowledges that Nespresso cannot be held liable for damages related to these problems.
7. Modification of Services
   Nespressoreserves the right, without indemnity or notice and at any time, to modify or suspend, temporarily or permanently, all or a part of the services made available on the present site. The user acknowledges that Nespressocannot be held responsible for any possible damage in case of a modification or suspension of the services.
8. Intellectual Property Rights
   8.1. The user acknowledges and agrees that the content of the site and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, computer programs, and designs are the property of Nespressoor 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 right that exist under applicable law.
   8.2. The user can in no case use the content of this site for any purpose other than private and non-commercial. Any other use, including the reproduction, modification, distribution, transmission or broadcasting of elements of this site, is strictly forbidden. No element of this site can be interpreted as granting a license or a right of use in relation to the marks or any other element present on this site.
9. Links
   9.1. The present site contains automatic links to the sites of distributors and may contain hypertext links leading to other Internet sites. Nespressocannot be considered responsible for these sites and declines all responsibility in relation to their content, accuracy or functions.
   9.2. The creation of any hyperlink to the present site is prohibited without the prior written consent of Nespresso.
10. Miscellaneous
    10.1. The present conditions of use embodies the entire agreement concluded between Nespressoand the user concerning the use of this site and the services made available on it and replaces and annuls any prior agreement between them concerning this subject matter.
    10.2. The fact that Nespressotolerates a violation by the user of one of the obligations set out in the present terms of use or does not enforce a right attributed to it thereunder shall not be construed as a waiver by it to invoke and enforce its rights.
    10.3. In the event that any provision of the present conditions of use is considered to be illegal by a law or regulation, existing or future, or by a court ruling, then that provision shall be considered as stricken, all other provisions of the terms of use maintaining full force and effect amongst the parties.
    10.4. Nespresso reserves the right to modify the present terms of use. Any modification shall be communicated to the user by means of electronic mail. In case of acceptance by the user of the modifications to the terms of use, the new clauses shall govern all the relations between Nespresso and the user.
    10.5. The headings of the articles of the present terms of use are for convenience alone and shall not alter or modify the terms in any manner.
11. Applicable Law and Forum
    11.1. The present terms of use as well as the different relations between Nespressoand the users with respect to the site shall be governed by Swiss law.
    11.2. In case of dispute or litigation, the parties accept to submit themselves to the exclusive jurisdiction of the competent court in Lausanne, Switzerland.

Effective: September 1, 2023

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. By using a Nespresso website or app, by calling a Nespresso CRC, by ordering in a Nespresso Boutique or by otherwise giving us your Personal Data, you agree to this Notice.

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 10).

This Notice provides important information in the following areas:

1. 1. SOURCES OF PERSONAL DATA
2. 2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
3. 3. COOKIES / SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
4. 4. USES MADE OF YOUR PERSONAL DATA
5. 5. DISCLOSURE OF YOUR PERSONAL DATA
6. 6. RETENTION OF PERSONAL DATA
7. 7. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
8. 8. ACCESS TO YOUR PERSONAL DATA
9. 9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
10. 10. CHANGES TO OUR NOTICE
11. 11. DATA CONTROLLERS & CONTACT

1. 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 (“ Websites”).

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.

Recycling . Our third-party recycling providers (“ Recyclers”), if you opt in to our Recycling Pilot Project (see below).

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).

Telemetry Data. We may automatically collect data from Nespresso coffee machines. This information may include the machine Serial Number, machine alerts or errors, ingredient stock levels, and the number and type of coffees prepared by users, with the respective date and time. This information is associated with the enterprise customer but is not linked to any individual user of the machine. We use this information to determine usage trends and stock levels.

1. 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.

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. 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.

Transaction, 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 information about the products you have purchased, your billing and shipping address, your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). We generally collect your debit and credit card details directly from you, but may also receive this information from your card issue or our payment processing provider(s) (for example, in the event that your card details are changed or updated). 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.

CCTV Information. Closed circuit video surveillance cameras (“CCTV”) may be installed at some of our retail locations to monitor building security and to ensure the health and safety of our staff and customers, and, where applicable, to assist in crime prevention, detection, and law enforcement investigation. We may also use CCTV footage on an anonymous basis to better understand how customers interact with our stores and our personnel, and to gather aggregate demographic insights about our customer base. We use this information to improve our stores and services, and better understand our customer base. We ensure that the ways in which any personal information is collected via our CCTV systems are compliant with all applicable privacy protection laws and are limited only to the extent that is necessary to achieve the purposes described above to ensure the safety of our staff and customers. If you have further questions pertaining to our collection of CCTV information, please contact our Chief Privacy Officer at Privacy.Canada@Nespresso.com.

Recycling Information.  If you choose to participate in our Recycling Analytics Pilot Project (the “ Recycling Pilot Project”) we will collect information about your recycling habits including how many Nespresso pods you recycle and how frequently. We collect this information from our Recyclers. We will combine this information with your transaction information in order to determine how many of your purchased Nespresso pods are being recycled and to identify trends (for example, whether individuals in certain areas are more or less likely to recycle). You can contact us to opt out of this Recycling Pilot Project at any time.

1. 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.

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 personalisation.

1. 4. USES MADE OF YOUR PERSONAL DATA

The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Employees of Nespresso may have access to your personal information in the course of providing our services to you. Employee access to personal information will be restricted to those employees who have a legitimate need to know such information for the performance of their employment duties at Nespresso. Please note that not all of the uses below will be relevant to every individual.

What We use your Personal Data for

Customer service . We use your Personal Data for customer service purposes, including responding to your enquiries. 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, general question, etc.).

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.

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.

Personalization (offline and online) . With your consent (where required), We use your Personal Data (i) to analyze your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalize your experience on our Websites and apps; (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, 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 or screen name 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. 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. For detailed information on how to opt-out please refer to Section 8 below.

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.

Recycling Pilot Project. We use the Personal Data of participants in our Recycling Pilot Project, to administer the Recycling Pilot Project, better understand participants’ recycling habits and behaviours, and to identify trends (for example, identify geographic areas where recycling is common). Our objective in collecting this information is to better understand participants’ recycling habits so that we can identify and implement ways to encourage and increase recycling behaviour. We may also use this information to provide you with recycling reminders, offer incentives, rewards or other benefits, or provide you with personalized reports.

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, to reconcile those accounts into one single account. We also use your Personal Data to ensure our security.

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.

1. 5. DISCLOURE 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 you Personal Data with the following types of third party organization:

Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, Recyclers, payment processing, fraud detection and identity verification, website operation, data hosting, 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 (see Section 11 to contact Us).

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 (in particular for orders with invoice) 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).

1. 6. 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.

1. 7. 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 authorized 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 unauthorized 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 province or country of residence, notably Switzerland and Luxembourg. When we transfer your Personal Data to other countries, we take all necessary reasonable steps to ensure that applicable laws are being followed. Where permitted by law, by accepting the terms of this Notice, you agree to such transferring, transmission, storing and/or processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.

1. 8. 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 writing to us at Nespresso Club, 300 rue Léo-Pariseau, suite 2300, Montréal, QC, H2X 4B3 Canada, 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.

Please note that, in certain circumstances, We will not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.

Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that We require our registered consumers to verify their identity (e.g. login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorized access to your account.

We hope that We can satisfy queries you may have about the way we process your Personal Data. However, if you have unresolved concerns you also have the right to complain to competent data protection authorities.

1. 9. 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. Nespresso may also rely on your implied consent to use your Personal Data in this way if you have recently purchased a product from Us. 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.

Recycling Pilot Project. If you registered for our Recycling Pilot Project, you may opt-out at any time by contacting us as described below.

1. 10. 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.

1. 11. DATA CONTROLLERS & CONTACT

We have designated one person as our Chief Privacy Officer (the “CPO”). The CPO is generally accountable for our compliance with this policy, and with applicable privacy laws.

If you have any questions, complaints or comments regarding this Notice or our information collection practices, please contact our CPO at:

Nespresso Club, 300 rue Léo-Pariseau, suite 2300, Montréal, QC H2X 4B3 Canada, Attn: Chief Privacy Officer, or at Email: Privacy.Canada@Nespresso.com.

1. Applicability of General Conditions of Sale
   1.1 Each order placed with Nestlé Nespresso S.A. or any of its affiliated companies (“Nespresso”) by means of (i) the Internet, (ii) a telephone call with the Nespresso Customer Relationship Center (CRC), or (iii) an electronic mail or correspondence with the CRC shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
   1.2 By using this website, you also accept and agree to be bound by our Terms of Use and Internet Privacy Policy. Nespresso invites you to read them carefully before using the services provided on this website.
   1.3 Nespresso reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.

1. Registration
   2.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
   2.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
2. Password
   3.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
   3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
   3.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
3. Orders
   4.1 By placing an order through this website, or via telephone through the CRC, or via electronic mail or correspondence with the CRC, you make an offer to purchase the products you have selected under these General Conditions of Sale.
   4.2 Orders you place with Nespresso on this website are subject to minimum and maximum quantity limitations. Orders must include a minimum of 120 capsules sold per tube and/or 100 capsules sold per box.
   4.3 Nespresso offers its products within the limits of its available stocks.
4. Order Confirmations
   5.1 The order you place will not constitute a binding contract unless and until Nespresso transmits a confirmation by e-mail.
   5.2 Nespresso reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
   5.3 The data registered by Nespresso constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
5. Prices
   6.1 The prices payable for the items you order are those displayed on this website on the date you place your order, inclusive of VAT, but excluding delivery charges.
   6.2 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
   6.3 Nespresso reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
6. Customs Duties
   7.1 When ordering products for international delivery to countries other than those where Nespresso originates its shipments, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
   7.2 You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
7. Delivery
   8.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order.
   8.2 Nespresso does its utmost to ensure deliveries within two working days after receipt of an order.
   8.3 Deliveries can only be made to the countries specified on this website.
8. Verification of Merchandise
   9.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
   9.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Nespresso within 7 days after the delivery. Nespresso shall in such a case provide you with identical replacement merchandise.
9. Returns
   10.1 You have the right to return any merchandise that does not suit you within 14 days after receipt of the order.
   10.2 Nespresso will only accept returns of merchandise in their original condition and packaging accompanied by the invoice.
   10.3 When returns are properly completed, Nespresso shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon reception of the returned merchandise. The return postage will be at your charge.
10. Payment
    11.1 Invoices are sent after delivery of the merchandise and are fully payable within thirty days.
    11.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
11. Late Payment
    12.1 In the event of late payment, you will be charged interest on the outstanding balance as well as any administrative and legal collection costs.
    12.2 Nespresso reserves the right to refuse any new order until full payment of any overdue balance.
12. Prohibition on Re-Selling

13.1 You shall not engage in any wholesale to wholesale selling of equipment or capsules or any other re-selling of equipment or capsules to other customers, whether for re-sale within Canada or export. You shall be limited to the direct sale of coffee beverages prepared using capsules and equipment to its customers for on-site consumption. If you fail to comply with this Section, in addition to any other rights and remedies Nespresso may have, Nespresso reserves the right to immediately stop shipment of capsules and equipment to you and to withhold any payment of its financial obligations under this Agreement, under any additional contracts or otherwise payable to you.

1. Machine Warranty
   14.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
   14.2 Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.
2. After-Sales Service
   15.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Nespresso by telephone for advice and assistance.
   15.2 If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options. Please contact Nespresso by telephone for detailed information.
3. Limitation of Liability
   16.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
   16.2 For international deliveries to countries other than those where Nespresso originates its shipments, Nespresso shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
   16.3 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Nespresso BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY Nespresso), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
4. Force Majeure
   17.1 Nespresso will make every reasonable effort to fulfill its obligations. However, Nespresso cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
   16.2 In the event of delay, Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
5. Applicable Law and Forum
   18.1 The present General Conditions of Sale are governed by the law of the country of incorporation of the Nespresso company that invoices you for the order.
   18.2 The exclusive forum is in the same country as that of the applicable law.

01/2024
NESTLE Nespresso LTD.