Last updated: 20th October 2022

Welcome to our Website (“Website”). We hope that you will enjoy your online experience. The terms below govern your use of our Website (these “Terms”).

By using our Website you accept and agree to comply with these Terms; if you do not agree, please do not use our Website.

In these Terms: “we”, “us”, “our” and “Nestlé” mean Nestlé (Thai) Limited and its affiliates.

Other terms also apply to your use of our Website and they are incorporated herein by this reference. These include terms which will apply to contests, sales promotions and other features which may be made available on our Website from time to time and our Terms of Sale which apply to any purchases on our Website, and which are posted on the footer of our Website. You agree to comply with such terms.

Contents

- Privacy and Cookies
- Your Use of our Website
- Intellectual Property
- Your User Content
- Ratings and Reviews
- Accessibility
- Links
- Disclaimer
- Limitation of liability
- Indemnity
- How to contact us
- Changes to these Terms
- Geographic Scope
- Governing Law, Dispute resolution
- General

Privacy and Cookies

Our Privacy Notice applies to any personal data shared on our Website. Our Cookies Policies applies to the use of cookies and similar technology on our Website.

If anything is unclear to you or you wish to discuss these Terms or our Website with Nestlé please see How to contact us below.

Your Use of our Website

In order to use our Website or submit your content you must be at least 13 years of age (or supervised by your parent or legal guardian).

If you choose or are required to register on our Website you must do so accurately and honestly and update us of any changes. We may grant, withhold or change your username, password or other access information at any time at our sole discretion. You must keep your password and other access information secret. If you think someone has discovered it you must tell us immediately, please see How to contact us below.

Please feel free to explore our Website and, where available, contribute material to it, such as questions, comments, posts, ratings and reviews, information and multimedia content (e.g. pictures, videos, music, sounds, artwork) (“User Content”).

Your use of our Website and your User Content must be lawful and comply with these Terms.

Your use of our Website and your User Content must not:

(a) harm, harass or hurt other people or breach another person’s rights, including privacy, image and likeness;

(b) misuse or infringe any intellectual property rights, or contain anything confidential or proprietary to you or any other person or entity, or that you do not have the right to disclose generally to the public;

(c) be unlawful, defamatory (including towards Nestlé), obscene, vulgar, threatening, abusive, racist or xenophobic, promote or incite intolerance, hatred or violence, or otherwise offensive, objectionable or inappropriate;

(d) include commercial or other advertising or promotions;

(e) be false, fraudulent, misleading or malicious, impersonate any other person or misrepresent your identity or any other information about you;

(d) distribute virus, worm or other harmful computer code, test the vulnerability of our Website, lead to security issues, damage, disable or overburden our Website, or otherwise jeopardize, disrupt, overload, harm, impair or interfere with the functioning or integrity of our Website or systems or networks connected to our Website or with any other person’s use of our Website.

You must not nor try to: (a) make mass, automated or systematic extractions from our Website or use it within, or to create, another site, service or database, or try to re-sell it or re-distribute it; (b) decompile, reverse engineer, disassemble or otherwise reduce the code used in any software on our Website into a readable form; or (c) use any deep-link, page-scrape, spider robot, crawl, index, Internet agent or other automatic device, program, algorithm or any similar or equivalent methodology to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of our Website or Content.

Please note that Nestlé may immediately and without prior notice remove any of your User Content and/or suspend or terminate your use of our Website if we believe that you have not complied with these Terms. We may, but are not obliged, to monitor and review as well as edit, remove or refuse to post any of your User Content at our sole discretion at any time.

In any event, you are responsible for and should take all reasonable care when creating and providing your User Content. You promise that you will comply with these Terms. You may have legal liability to us and third parties if you do not. We may but not are obliged to report relevant breaches of these Terms to regulatory and law enforcement bodies.

Let us know immediately if you have any complaints about any User Content, see How to contact us below.

Intellectual Property

All content on our Website, including without limitation, text, photographs, graphics, artwork, trademarks (including Trademarks), brands, logos, videos, sound, music, user interfaces, and code (collectively, “Content”), as well as look-and-feel of the Content, is owned by us or our licensors and is protected by copyright, trademark, patent, trade dress, sui generis/database rights and other intellectual property rights.

The trademarks, logos, characters and service marks displayed on our Website or used as a domain name (collectively “Trademarks”) belong to Société des Produits Nestlé S.A which licenses such use to us or are used with permission.

Nothing on our Website and these Terms shall be construed as granting any license or right to use any Trademark. You are advised that Nestlé will vigorously enforce its intellectual property rights to the fullest extent of the law.

You may access and reproduce extracts from our Website solely for your own private and non-commercial use or internal business use provided that in all cases you respect the integrity of the Content and you retain (and do not remove) any copyright notice on such Content (e.g. © 2019 Nestlé. All rights reserved.) as well as the trademark notice below:

® Reg. Trademark of Société des Produits Nestlé S.A. All rights reserved.

No part of our Website and no Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, broadcasted, published, encoded, translated, transmitted or distributed in any way to any other computer, server, website or any other medium for commercial purposes, without Nestlé’s express prior written consent.

All other rights are reserved. Except as expressly provided in these Terms, any use of our Website, Trademarks or Content is strictly prohibited. You must obtain our prior permission for any other use of our Website or the Content, including any commercial use, which we may grant, withhold or condition at our sole discretion.

Your User Content

In order to submit your content, you must be at least 13 years of age (or supervised by your parent or legal guardian).

You promise to Nestlé that: (a) you are the author and owner of your User Content and/or that you otherwise have the ability to grant us the Agreed Usage rights below because you have been given permission to do so by the author/owner(s) of your User Content and anything featured in it or by any person featured in your User Content (and if the author/owner(s) or person are a minor, their parent or carer); and (b) your User Content otherwise complies with our these Terms.

If you work for Nestlé or another business which itself works with Nestlé, you must have disclosed that relationship.

You grant to us and our affiliates all rights, permissions and consents and a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and fully transferable license to use, copy, reproduce, modify, adapt, translate, publish, publicly display, distribute, sell, incorporate into other materials and create derivative works from your User Content (with or without your name or other names you submitted with your User Content) in any form and media for commercial purposes or other purposes (including but not limited to advertising, marketing and promotional materials) without restriction or infringement, including in order to amend and adapt your User Content, and without any approval or consent from or any payment or credit to you or any other person.

Any feedback, suggestions, information, data, suggestions, ideas, materials, questions or comments you provide to us at our Website shall be deemed to be non-confidential and non-proprietary. Anything you transmit or post becomes our property and Nestlé shall be free to use such feedback and material on an unrestricted basis for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else. Please note that Nestlé is free to decide whether or not to use your User Content and that Nestlé may already have developed (or may in the future develop) similar content or have obtained such content from other sources, in which case all intellectual property rights in this content remains with Nestlé and its licensors.

Ratings and Reviews

If your User Content endorses or criticizes products or services, whether or not for any specific ratings or review part of our Website, then

(a) you must be at least 18 years of age or supervised by your parent or legal guardian

(b) you must not have received any compensation, consideration or offer of compensation or consideration from any entity in exchange for your User Content OR: if you have or have had any form of commercial relationship or received or been promised any form of reward or incentive (such as money, discounts, free products or services or other gifts), even if unsolicited, in connection with the subject of your User Content (e.g. with or from the product or service supplier or their competitor) then you must make this very clear in your User Content;

(c) your User Content must not be provided because you have a contract or arrangement to do so or are under the control of a third party (whether or not the provider of the product or service or its competitor); and

(d) your User Content, including information about yourself, must otherwise be honest and accurate providing your good faith opinion on your actual experience of the product or service, and it must not falsely express or imply that your User Content is sponsored or endorsed by our Website.

If you work for Nestlé or another business which itself works with Nestlé, you must have disclosed that relationship.

Your User Content must not include any information that references other websites, addresses, email addresses, contact information or phone numbers.

By submitting your email address in connection with your rating and review, you agree that Nestlé and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Accessibility

Nestlé is committed to making our Website as accessible as possible for all users including those with disabilities. Your browsing experience may improve by altering your software and device settings (e.g. to alter text size) or installing additional assistive technologies. If you have questions about accessibility please let us know.

Links

Our Website may contain links to third-party websites, social media platforms, mobile apps, and other products and services (such as third party advertising) (“third party platforms”). We have no control over such third party platforms, do not necessarily endorse them and we accept no responsibility for them, including as to their content, accuracy or function. As a result, you must carefully review the legal and privacy notices of such third party platforms, including keeping yourself informed of any changes to them. Your interaction with these linked platforms is at your own risk. Nestlé has no responsibility or liability for such third party platforms and their terms and conditions.

If you operate a third party platform and wish to link to our Website, you may include a hyperlink on your own website to the home page of our Website (using the plain text name of our Website); provided that you do so in a manner compliant with these Terms, and you do not: (a) suggest in any way that you are affiliated with or endorsed or sponsored by Nestlé, (b) display the hyperlink or our Website in any way that is disparaging to Nestlé, (c) deep-link to any other page of our Website, or (d) frame our Website or any Content, or otherwise cause our Website or Content to appear in a window with any other material. We may withdraw any linking permission at any time at our sole discretion. You shall not use Nestlé’s name, logo, slogans, trademarks or any other words or codes identifying Nestlé as a hyperlink button, in a metatag or in any manner without Nestlé's express written consent.

Disclaimer

We may change all or any part of our Website including by adding, removing or altering any Content, including User Content, at any time at our sole discretion. We may give prior notice to you but do not have to do so.

Our Website will not be available at all times. We may modify, suspend or withdraw operation of or access to our Website at any time at our sole discretion whether on a temporary or permanent basis including for maintenance and other technical reasons. We may give prior notice to you but do not have to do so.

Like all software-based services our Website cannot be promised to be free from errors or bugs. We shall have no responsibility to maintain the Content and our Website or to supply any corrections, updates, or releases in connection therewith.

We strongly recommend that you take care to verify the suitability and compatibility of your computer system prior to use of our Website including reasonable precautions to protect yourself against security issues such as through the installation of anti-virus software. If you choose to download or copy material from our Website you do so at your own risk. We assume 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 our websites or for any illegal intrusion or intervention in our IT systems.

Our Website is a dynamic environment and inaccuracies and errors may occur from time to time. We are not responsible for (and do not necessarily agree with and endorse) your or any other User Content on our Website and you should apply particular caution when using it. Always take specialist advice when needed. Any reliance upon materials on our Website shall be at your own risk.

Our Website is not a storage service and you should keep copies of all your User Content.

Our Website and its Content is delivered to you on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no representations or warranties of any kind, express, implied, statutory or otherwise, including but not limited to any warranties of accuracy, merchantability and fitness for a particular purpose, non-infringement, any warranties that our Website or Content will be complete, accurate, reliable, timely, error-free, uninterrupted, secure or free from viruses, or that any advice or opinion obtained from Nestlé through our Website is accurate or to be relied upon, and we exclude all conditions, warranties, representations and terms of any kind that may apply to our Website or Content and your use of or reliance on it.

Limitation of liability

Nothing in these Terms excludes or limits our liability in connection with our Website and your use of or reliance on it where this is unlawful to do so including for fraud, fraudulent misrepresentation or death or personal injury caused by our negligence. Nothing in these Terms affects your statutory rights as a consumer.

Except as set out in the first paragraph above, we shall have no liability for loss, damage or costs of any kind, howsoever arising (including but not limited to negligence), whether direct or indirect, under or in connection with our Website or the Content and your use of or reliance on our Website or the Content.

Our Terms of Sale apply additional provisions on liability relating to any consumer purchases on our Website.

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, special, incidental or punitive damages, costs or losses whatsoever, including without limitation lost data, lost profits or business interruption.

To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé, its officers, directors, employees, suppliers and providers that may arise from your use or access of our Website.

Indemnity

You agree to indemnify and hold Nestlé, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, damages, liability, claims or expenses (including attorneys’ fees), made against Nestlé by any third party due to or arising out of or in connection with your use of our Website or your breach of these Terms.

How to contact us

This Website is operated by Nestle (Thai) Ltd.

If you have any question or comment regarding our Website, please feel free to contact us by phone at 02-6578657 or regular mail at Nestle (Thai) Ltd. 999/9 The Offices at Central World, Rama 1, Pathumwan, Bangkok 10330 Thailand

Changes to these Terms

We reserve the right to make changes to these Terms at any time at our sole discretion. We may give prior notice to you but do not have to do so. You are responsible for regularly reviewing these Terms. Your continued use of our Website following the posting of changes to these Terms and such terms will mean that you accept and agree to the changes.

Geographic Scope

Our Website and products are for users in Thailand only and may not be appropriate for use elsewhere. Please contact our local distributor to obtain more information about the products and services in your country. Nestlé makes no representation that the products, services, and content on our Website are appropriate or available in locations other than Thailand. If you access our Website from another territory, you are responsible for compliance with any applicable laws.

Governing Law, Dispute resolution

You and Nestlé agree that any claim or dispute relating to our Website shall be governed by the law of Thailand without regard to its conflicts of laws provisions, and subject to the exclusive jurisdiction of the courts of Thailand.

General

These Terms constitute the entire agreement between you and Nestlé with regard to your use of our Website and Content, and supersede any and all other written or oral agreements or understandings previously existing between you and Nestlé with respect to such use. If any of the provisions of these Terms are held by a court to be void or unenforceable, such provisions shall be modified or deleted to the extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. Any failure or delay by Nestlé in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of Nestlé’s rights or remedies. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

Copyright ©2019 Nestlé (Thai) Limited. All rights reserved.

1. Scope of application for general sales conditions
1.1 Prior to each purchase of Nespresso products from Nestlé (Thai) Limited or Nestlé subsidiaries (“Nespresso”) via each Nespresso official sales channel, you have read and agreed to all the terms of use, sales conditions, and other policies issued by Nespresso that are currently in effect.
1.2 You have read and accepted the terms of use of this website including Nespresso’s privacy and cookie policies. You agree to comply with the aforementioned terms and policies for the purpose of using services on this website.
1.3 Nespresso reserves the rights to modify the sales conditions depending on changes in the situation. The staff will publish the new sales conditions in advance before the new conditions come into force. You acknowledge and agree to comply with the current and future sales conditions. You acknowledge that Nespresso products ordered after the new sales conditions come into effect will be subject to the new sales conditions.
1.4 Nespresso limits the number of product orders on Nespresso official sales channel. Each member can order up to 1,500 capsules per month. If any member orders products exceeding the limit, fails to comply with the sales conditions, engages in fraudulent conducts or falsifies information in the user account to order products, Nespresso reserves the right to refuse the sales of the products exceeding the limit set forth by Nespresso and suspend the provision of services on Nespresso official sales channel for the aforementioned member.

2. Registration
2.1 You have read Nespresso’s terms and conditions and confirmed that you have provided accurate and truthful information for the website registration. If there is any change to the information, you will always correct it to be accurate and true.
2.2 You acknowledge and agree that each person can only register using their own email and can only have one online member account.
2.3 You agree and confirm that the information provided in the member account is up-to-date and true. If Nespresso staff finds out that the supplied information is false or inaccurate, Nespresso staff will consider it a violation to the sales conditions and this website’s terms of use. You agree and consent to allow Nespresso staff to suspend or delete the member account that contains false information, information of others or information that violates the conditions.

3. 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.

4. Placing orders
4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 Orders placed on Nespresso website are subjected to minimum and maximum quantity limitations.
4.3 Nespresso offers its products on this website within the limits of its available stocks.
4.4 Orders placed on Nespresso website will incur no packaging fees if the following conditions are met:
4.4.1 A minimum order of 100 capsules per order
4.4.2 Purchasing 1 or more Nespresso coffee machines per order
4.4.3 Purchasing Aeroccino with a minimum of 100 capsules per order

Orders that do not meet the above requirements are subjected to THB 60 packaging fee per order

5. Order Confirmations
5.1 The order you place on this website 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.

6. 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 and packaging fees if the purchased items fall under condition 4.4.
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.

7. 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.

8. 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.

9. 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.

10. Returns
Buyer shall either return or exchange the product(s) by notifying us within 7 days from the date of reception. In such case, the product(s) shall be delivered to us in original condition and accompanied with the corresponding original invoice from Nestle (Thai) Ltd. Then we shall replace or refund products that were purchased either online (on www.Nespresso.com/th) or on the phone (calling our toll free number 1800-019-090) to the Buyer within 15 days of reception.

11. 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.
11.3 Payment by Pay by Link is sent through sms link which will be valid for 1 hour after receiving and is a self-payment transaction which is immediately due and payable.

12. 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.

13. Machine Warranty
13.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
13.2 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.

14. After-Sales Service
14.1 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.
14.2 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.

15. Limitation of Liability
15.1 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.
15.2 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.
15.3 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.

16. Force Majeure
16.1 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.

17. Relevant laws and jurisdiction of the court
17.1 The application and interpretation of the terms and conditions for the sale and purchase of products shall be governed by the laws of Thailand.
17.2 In the event of any dispute, the Courts of Thailand shall have exclusive jurisdiction over the resolution.

18. EasyOrder
18.1. Overview

'EasyOrder' allows you to reorder and pay for your Nespresso capsules automatically based on a chosen frequency.

The General Conditions of Sale automatically apply to any order placed through EasyOrder. In the event of a conflict between the General Conditions of Sale and the conditions related to EasyOrder, the conditions related to EasyOrder will prevail.

18.2. “Your order will ship soon” notification

4 days before your recurrent order is shipped by us, you will receive a written notification via email to inform and remind you of the date of shipment, the details of your Product basket, the total price of your recurrent order and whether any of your selected products is out of stock.

18.3. Payment

Payments shall be made by credit card. All recurrent orders will be billed to your credit card on the day of shipment.

In the event that your credit card cannot be charged, Nespresso will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment.

18.4. Modification and Cancellation

You are entitled to cancel your EasyOrder subscription, cancel one or more standing orders or modify the product(s) basket, the frequency or any customer detail at any time free of charge. In the event that you cancel a specific order or your EasyOrder subscription until a day before your order is being shipped, you are entitled to refuse the delivery of the Product(s) and, in the event that you received the

Product(s) to return the order in accordance with the present General Conditions of Sale.

18.5. Out of stock

If one of the product(s) included in your standing order is out of stock at the moment of the “your order will ship soon” notification, we will notify you via the email. We will still ship your other standing orders on your requested frequency, unless the order is cancelled by you.

You will not be charged for any product(s) which is out of stock.

18.6. Promotions with your EasyOrder account

You will also have the possibility to benefit from ongoing general campaigns and promotions. Your EasyOrder subscription does not automatically take into account other promotional offers announced on or around the time of your standing order processing. To benefit from such a promotion, it is recommended to place a separate order and modify your next shipment date for your EasyOrder subscription.

8/2014
NESTLE Nespresso LTD.

Nestle (Thai) Ltd.

Nespresso Thailand, Division

999/9 Rama I Road, Pathumwan

Bangkok 10330, Thailand

These Rules govern your conduct, agreement and the rights of Nestlé Nespresso SA (“Nespresso”) as relates to the Consumer Ratings and Review Service offered by Sprinklr (the "Service"). By submitting any Content to the Service, you agree to the following Rules. As used herein, Content means any text, photo, video, likeness or other material or information you provide to the Service.

If you do not agree to these Rules, please do not use the Service

You agree that:

- You are 18 years of age or older;
- If you have received prior payment or promise of payment in return for your proposed submission; or if you have received an incentive such as free product, discounts, gifts, sweepstakes entries you will disclose it in your submission;
- If you are a Nespresso employee, you have disclosed that relationship; and
- You do not work for any company or agency hired by Nespresso to promote and/or sell Nespresso’s products.

Submission of Content to the Service

You agree that:

- All Content and Information about yourself that you submit is accurate, up to date, reflects your true opinion, and are based upon your actual experience with the product being reviewed
- The Content you submit is original and was created by you;
- Nespresso may use the Content for promotional and other purposes as set forth in these Rules and you will not be entitled to any compensation for such use.

You further agree that you shall not submit any Content:

- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret, rights of publicity rights of privacy, moral rights or any other applicable personal or proprietary rights;
- That encourages or advocates any unlawful or unauthorized behavior or activity or violates any law, statute, ordinance or regulation
- That is offensive, obscene, vulgar, or is inappropriate for a public, family friendly, and pet-friendly forum;
- That is, or may be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual or entity;
- That includes any information that references third party websites, addresses, email addresses, contact information or phone numbers; or
- That contains any computer viruses, worms, Trojan horses or other potentially damaging computer programs or files.

Monitor

All Content that you submit may be used at Nespresso sole discretion. Nespresso reserves the right, but not the obligation, to:

- Monitor or review the Content you have submitted;
- To condense, remove or refuse to post any Content submitted to the Service that Nespresso deems in its sole discretion to be inappropriate or violate any of these Rules without giving you notice; and
- To suspend or terminate your access to the Services as Nespresso may deem appropriate.

Nespresso does not guarantee that you will have any recourse through Nespresso to edit or delete any Content you have submitted. Ratings and written comments are generally posted in the next days. However, Nespresso has the right to remove or refuse to post any submission for any reason. You acknowledge that you, not Nespresso, are responsible for the Contents of your submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of Nespresso, its agents, subsidiaries, affiliates, or third party service providers and their respective directors, officers and employees

License to Use Content

By uploading or submitting any Content to the Service, you automatically grant Nespresso a world-wide, non-exclusive, royalty-free, irrevocable, transferrable license to publicly display or re-display, use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such Content and/or incorporate such Content into any form, medium or technology whatsoever (including but not limited to Nespresso, websites, third party websites, online and off line advertising, marketing and promotional materials) throughout the world that is used by Nespresso or its agents in connection with the Service or the promotion or marketing of Nespresso, and its products and services.

You represent and warrant to Nespresso that you own all Content and/or have the unencumbered legal right to grant the above-referenced license to Nespresso, with respect to all Content that you submit. You also represent that such materials do not infringe on any third party copyrights or other third party intellectual property rights.

Release and Indemnification

You agree to release, indemnify and hold Nespresso, its parents, affiliated and subsidiary companies (and their respective officers, directors, agents, employees, and agents) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of or in connection with any breach of your representations and warranties set forth above, or your violation of any law or rights of a third party.

Use of Your Email Address

By submitting your email address in connection with your rating and review, you agree that Nespresso, and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Changes to the Rules

Nespresso reserves the right to modify or terminate the Service and these Rules for any reason, without notice, and without liability to you, or any third party. You are responsible for regularly reviewing these Rules so that you are apprised of any changes.

© 2016 Nestlé
Last Update 2/2016

These Rules govern your conduct, agreement and the rights of Nestlé Nespresso SA (“Nespresso”) as relates to the Consumer Ratings and Review Service offered by Sprinklr (the "Service"). By submitting any Content to the Service, you agree to the following Rules. As used herein, Content means any text, photo, video, likeness or other material or information you provide to the Service.

If you do not agree to these Rules, please do not use the Service

You agree that:

- You are 18 years of age or older;
- If you have received prior payment or promise of payment in return for your proposed submission; or if you have received an incentive such as free product, discounts, gifts, sweepstakes entries you will disclose it in your submission;
- If you are a Nespresso employee, you have disclosed that relationship; and
- You do not work for any company or agency hired by Nespresso to promote and/or sell Nespresso’s products.

Submission of Content to the Service

You agree that:

- All Content and Information about yourself that you submit is accurate, up to date, reflects your true opinion, and are based upon your actual experience with the product being reviewed
- The Content you submit is original and was created by you;
- Nespresso may use the Content for promotional and other purposes as set forth in these Rules and you will not be entitled to any compensation for such use.

You further agree that you shall not submit any Content:

- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret, rights of publicity rights of privacy, moral rights or any other applicable personal or proprietary rights;
- That encourages or advocates any unlawful or unauthorized behavior or activity or violates any law, statute, ordinance or regulation
- That is offensive, obscene, vulgar, or is inappropriate for a public, family friendly, and pet-friendly forum;
- That is, or may be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual or entity;
- That includes any information that references third party websites, addresses, email addresses, contact information or phone numbers; or
- That contains any computer viruses, worms, Trojan horses or other potentially damaging computer programs or files.

Monitor

All Content that you submit may be used at Nespresso sole discretion. Nespresso reserves the right, but not the obligation, to:

- Monitor or review the Content you have submitted;
- To condense, remove or refuse to post any Content submitted to the Service that Nespresso deems in its sole discretion to be inappropriate or violate any of these Rules without giving you notice; and
- To suspend or terminate your access to the Services as Nespresso may deem appropriate.

Nespresso does not guarantee that you will have any recourse through Nespresso to edit or delete any Content you have submitted. Ratings and written comments are generally posted in the next days. However, Nespresso has the right to remove or refuse to post any submission for any reason. You acknowledge that you, not Nespresso, are responsible for the Contents of your submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of Nespresso, its agents, subsidiaries, affiliates, or third party service providers and their respective directors, officers and employees

License to Use Content

By uploading or submitting any Content to the Service, you automatically grant Nespresso a world-wide, non-exclusive, royalty-free, irrevocable, transferrable license to publicly display or re-display, use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such Content and/or incorporate such Content into any form, medium or technology whatsoever (including but not limited to Nespresso, websites, third party websites, online and off line advertising, marketing and promotional materials) throughout the world that is used by Nespresso or its agents in connection with the Service or the promotion or marketing of Nespresso, and its products and services.

You represent and warrant to Nespresso that you own all Content and/or have the unencumbered legal right to grant the above-referenced license to Nespresso, with respect to all Content that you submit. You also represent that such materials do not infringe on any third party copyrights or other third party intellectual property rights.

Release and Indemnification

You agree to release, indemnify and hold Nespresso, its parents, affiliated and subsidiary companies (and their respective officers, directors, agents, employees, and agents) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of or in connection with any breach of your representations and warranties set forth above, or your violation of any law or rights of a third party.

Use of Your Email Address

By submitting your email address in connection with your rating and review, you agree that Nespresso, and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Changes to the Rules

Nespresso reserves the right to modify or terminate the Service and these Rules for any reason, without notice, and without liability to you, or any third party. You are responsible for regularly reviewing these Rules so that you are apprised of any changes.

© 2016 Nestlé
Last Update 2/2016

Update: 1 December 2024

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 applies to individuals who interact with Nespresso services as consumers (“you”). This Notice explains how your Personal Data are collected, used, and disclosed by Nestle (Thai) Ltd. including affiliated companies in Nestle Thailand Group (“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, Consumer Engagement Service, points of sale and events. Please note that We might aggregate personal data from different sources (website, offline event). As part of this, We combine Personal Data that were originally collected by different Nespresso entities or Nespresso partners. Please see Section 9 for further information on how to object to this.

If you do not 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 11).

This Notice provides important information in the following areas:

1. SOURCES OF PERSONAL DATA

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

3. PERSONAL DATA OF CHILDREN

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

5. USES MADE OF YOUR PERSONAL DATA

6. DISCLOSURE OF YOUR PERSONAL DATA

7. RETENTION OF PERSONAL DATA

8. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA

9. ACCESS TO YOUR PERSONAL DATA

10. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA

11. OPT-OUT INSTRUCTIONS

12. CHANGES TO OUR NOTICE

13. DATA CONTROLLERS & CONTACT

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

Advertising interactions  Interactions with our advertisements (e.g., if you interact with on one of our ads on a third party website, we may receive information about that interaction).

Data We create. In the course of our interactions with you, we may create Personal Data about you (e.g. records of your purchases from our websites).

Data from other sources. Third party social networks (e.g. such as Facebook, Google), market research (if feedback not provided on an anonymous basis), third party data aggregators, Nespresso promotional partners, public sources and data received when we acquire other companies.

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.

Information from 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 Nestlé 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.

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), favourite products, hobbies and interests, and household or lifestyle information.

Information from 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 Nestlé 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 and web beacons, and is also collected through the use of third party tracking for analytics and advertising purposes. You have the right to object to the use of such technologies, for further details please see Section 4.

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

Consumer-generated content. 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. 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 Nestlé web application on a third party social network such as Facebook, every time you use a social networking feature that is integrated within a Nestlé 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 Nestlé, 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 can 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.

3. PERSONAL DATA OF CHILDREN

We do not knowingly solicit or collect personal data from children below the age of 10. If we discover that we have unintentionally collected personal data from a child below 10, we will remove that child’s personal data from our records promptly. However, Nestlé may collect personal data about children below the age of 10 years of age from the parent or guardian directly, and with that person’s explicit consent.

We also do not knowingly solicit or collect personal data from children under the age of 20 for the specific purposes of marketing communications.

4. 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.

5. 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. Please note that not all of the uses below will be relevant to every individual.

6. DISCLOSURE OF YOUR PERSONAL DATA

In addition to the Nespresso entities mentioned in the data controllers & contact section (see Section 12), We share your Personal Data with the following types of third party organisations:

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 have 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 12 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.

For example, we may share with Meta Platforms Ireland Limited (“Meta”), Google Ireland Limited (“Google”) and other partners certain data regarding actions that you take on our Websites such as your visits to our Websites, your interactions on our Websites, use of Facebook Connect and information collected from cookies or similar technologies including the Facebook pixel. This allows us to measure the effectiveness of our advertising, improve our marketing practices, and helps us deliver more relevant advertising to you and people like you (including on social media such as Facebook, and others). We are a joint data controller with Meta and some other partners for this processing. This agreement means that we must provide you with this notice, but you should contact Meta if you wish to exercise your data protection rights. Further information, including how Meta enables you to exercise your data protection rights, and subsequently processes your information as independent data controller can be found in Meta's Data Policy, which is accessible at https://www.facebook.com/about/privacy . Similar terms may apply for other third-party vendors, e.g. Google tags or other technologies. To learn more about personal data processed by Google you can access Google’s Privacy & Terms site.

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 5 for details).

7. RETENTION OF YOUR PERSONAL DATA

Nespresso takes every reasonable step to ensure that your personal data are only processed for the minimum period necessary for the purposes set out in this Privacy Notice. The criteria for determining the retention period for your Personal Data are:

(a) Nespresso will retain copies of your Personal Data in a form that allows for identification only for as long as: (i) We maintain an ongoing relationship with you (e.g. where you are included in our mailing list and have not unsubscribed) and (ii) Your Personal Data are necessary in connection with the purposes set out in this Privacy Notice and we have a valid legal basis, Plus

(b) The duration of: (i) any applicable limitation period (i.e. any period during which a person could bring a legal claim against us), and (ii) an additional 2 months following the end of the applicable limitation period (so we are able to identify any personal data of a person who may bring a claim at the end of the applicable period), And

(c) In addition, if any relevant legal claims are brought, we may continue to process your Personal Data for such additional time necessary in connection with that claim.

During the periods noted in paragraphs b(i) and b(ii) above, we will restrict our processing of your Personal Data to storage or, and maintaining the security of, those data, except to the extent the data need to be reviewed in connection with any claim, or any obligation under applicable law.

Once the periods in paragraphs (a), (b) and (c) above, each to the extent applicable, have concluded, we will either (i) permanently delete or destroy the relevant Personal Data or (ii) anonymise the relevant Personal Data.

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

We use appropriate 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 consumer care matters will have access to your consumer 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 may require that your Personal Data is ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence. In particular, we may transfer your Personal Data to countries outside the European Economic Area (“EEA”) (e.g. other Nespresso entities) including to countries which have different data protection standards to those which apply in the EEA (such as the USA, Ukraine, Brazil, Philippines). We (i) have put in place Nespresso Binding Corporate Rules to protect your Personal Data and/or (ii) rely on other applicable transfer mechanisms (where required by law).

9. YOUR RIGHTS

You have the following rights unless otherwise stipulated by laws:

• 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;
• The right to request deletion, the portability, correction or revision of your Personal Data;
• The right to limit the use and disclosure of your Personal Data;
• The right to revoke consent to any of our data processing activities;
• The right to object, on grounds relating to your particular situation, to the use of your Relevant Personal Data by us, or on our behalf;
• The right to object to the Processing of your Relevant Personal Data by us, or on our behalf, for direct marketing purposes; and
• The right to request the transfer of your Personal Data to another company.

These rights mentioned can be exercised by sending Us an e-mail or mail to us as your Data Controller: at Nestle (Thai) Ltd., 999/9, Rama I Road, Pathumwan, Bangkok, 10330 Thailand or Tel. 1800-019-090 (as the case maybe), attaching a copy of your certified true and correct 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.

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 unauthorised 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.

10. 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 4 above.

Advertising, marketing and promotions.You can consent for your Personal Data to be used by Nestlé to promote its products or services through tick-box(es) located on the registration forms or by answering the question(s) presented by our CRC 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 unsubscribe from marketing communications sent by any medium, including third party social networks, you can opt-out at any time by unsubscribing through links available in our communications, logging into the Websites/apps or third party social networks and adjusting your user preferenCRC 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 Nestlé to provide you with a personalized experience/targeted advertising & content, you can indicate so through the relevant tick-box(es) located on the registration form or by answering the question(s) presented by our CRC representatives. If you decide that you no longer wish to benefit from this personalization, 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. You may refer to the opt-out instruction in Section 11. OPT-OUT INSTRUCTION below.

Targeted 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 Nestlé 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.

11. OPT-OUT INSTRUCTION

Wherever We rely on your consent, you will always be able to withdraw that consent. However, We may have other legal basis for processing your personal data for other purposes, according to this Notice.

You have an unconditional right to opt-out of direct marketing at any time. You can do this by following the instructions below.

You have choices:

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 as follows:

- To opt-out of marketing communications sent by any medium, including third party social networks, you can opt-out at any time by

o logging into the Websites/apps or third-party social networks and adjusting your user preferences in your account profile by unselecting the relevant boxes. or;

o contacting our CRC tel. 1800-019-090 Thailand. 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.

Important Notes:

- Please allow 7 working days from the date we receive your request for it to take effect. You may still receive SMS or emails marketing and promotional messages for up to 7 working days from the date we receive your request.

- You will continue to receive informational and non-marketing messages from Nestle.

- If you have any question related to or would like to exercise your rights relevant to your personal data, please contact us at our CRC Tel. 1800-019-090

12. CHANGES TO THIS 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, DATA PROTECTION OFFICER & CONTACTS

• Data Controllers: 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 as well as to exercise your rights (where provided by law), please contact us as the Data Controller at: Nespresso Club, Nestle (Thai) Ltd. 999/9 Rama I Road, Pathumwan, Bangkok 10330, Thailand, or call our CRC on 1800-019090. 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).

1. NESPRESSO PLUS PROGRAM REGISTRATION

1.1 By purchasing a coffee machine through the NESPRESSO PLUS PROGRAM, you agree to these Supplementary NESPRESSO PLUS Program Terms and Conditions ("NESPRESSO PLUS PROGRAM TERMS "). These NESPRESSO PLUS Program Terms, in addition to the general Terms and Conditions of Nespresso, govern your membership and benefits under the NESPRESSO PLUS Program. Updated versions of NESPRESSO PLUS Program Terms may be posted on the NESPRESSO website periodically. We encourage you to review NESPRESSO PLUS Program Terms regularly to stay informed of any changes.

1.2 To apply for the NESPRESSO PLUS Program, you must be a member of the Nespresso Club. Each Nespresso Club member can only apply for the NESPRESSO PLUS Program once.

1.3 Only Nespresso Club members residing in Thailand are eligible to register for the NESPRESSO PLUS Program.

2. DISCOUNT BENEFITS FOR THE NESPRESSO PLUS PROGRAM, AND THE TERMS AND CONDITIONS OF USE

2.1 Upon successfully registering for the NESPRESSO PLUS Program, you will be eligible for a discount on Nespresso coffee capsules, in accordance with the terms and conditions outlined below.

2.2 TERMS AND CONDITIONS OF USING THE COFFEE CAPSULE DISCOUNT

2.2.1 The discount applies to orders that include at least 60 coffee capsules.

2.2.2 The coffee capsule discount can be used once per month and is valid for 24 months from the date you register for the NESPRESSO PLUS Program. Any unused coffee capsule discounts within the specified period will expired and cannot be used, redeemed or exchanged for cash or other items, or transferred to another person.

2.2.3 You can use the coffee capsule discounts for purchases made at Nespresso Boutiques, through the Customer Relationship Centre at 1800-019-090 (toll-free), on the website (https://www.nespresso.com/th), or via the Nespresso Mobile Application. If you purchase the required quantity of coffee capsules through any of these channels, the discount will be automatically applied, provided you have a remaining discount available for that month.

2.2.4 To check your remaining coffee capsule discount, please contact our customer service team at Nespresso Boutiques or call our toll-free number, 1800-019-090, every day between 8:00 AM and 7:00 PM.

3. OTHER BENEFITS FOR THE NESPRESSO PLUS PROGRAM

You will receive free packaging fee worth 100THB when you purchase 60 or more coffee capsules and use the coffee capsule discount as specified in Section 2.

4. OTHER TERMS AND CONDITIONS

4.1 The coffee capsule discount provided under the NESPRESSO PLUS Program can't be used in conjunction with other discounts, offers, or promotions when purchasing coffee capsules.

4.2 The coffee capsule discount cannot be redeemed or exchanged for cash or any other items, nor can it be transferred to another person.

4.3 Nespresso reserves the right to terminate or modify the registration of package and all or part of the NESPRESSO PLUS benefits without prior notice.

4.4 The decision of Nespresso in any dispute related to the NESPRESSO PLUS Program shall be final.

4.5 Members of the Nespresso Club who have subscribed to the Nespresso subscription plan are not eligible to apply for the NESPRESSO PLUS Program. If you wish to join the NESPRESSO PLUS Program, you must first cancel the Nespresso subscription plan.

4.6 Employees of Nestlé (Thailand) Limited are not eligible to register for the NESPRESSO PLUS Program.

4.7 Nespresso reserves the right to refuse returns or refunds for any purchases made under the NESPRESSO PLUS Program if any benefits of the package have been used.

Terms and Conditions

1. These terms and conditions govern your agreement with Nestle (Thai) Ltd (“Nespresso Thailand”) for a Nespresso subscription plan. By choosing to purchase a Nespresso subscription plan, you accept these supplementary terms and conditions.These supplementary terms apply in addition to the General Conditions of Sale, which can be accessed at www.nespresso.com/th

These terms and conditions may be modified from time to time by posting a new dated version on this website. You are invited to read these terms and conditions on a regular basis to be informed of these modifications.

How much is it?

2. Your Nespresso subscription plan has a fixed cost, which will be charged to you through a Monthly Fee. The Monthly Fee is a fixed fee, which varies depending on the subscription plan you select.

3. The first Monthly Fee will be payable at the time you sign up to the Nespresso subscription plan.If you also purchase a Nespresso machine with your subscription plan, the full price of the machine will be payable in addition to the first Monthly Fee. The Monthly Fee, and machine (if applicable), are to be paid by credit card. The subsequent Monthly Fees will be payable every month on the same day of the month as when your subscription is activated.

Security checks

4. To ensure that your credit card not being used without your consent, we reserve the right to validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. We also reserve the right to perform a credit check. By accepting these supplementary terms and conditions, you consent to such checks being made. In performing these checks, personal data provided by you may be disclosed to a registered Credit Reference Agency, which may keep a record of that information.

What’s included in the Nespresso Subscription Plan?

5. In order to purchase a Nespresso subscription plan, you must register as a Nespresso Club Member. When you purchase a Nespresso subscription plan, you agree to pay the Monthly Fee each month. In return for the Monthly Fee, you will receive Nespresso Club Credit (detailing as prescribed in Section 7 below) which you can regularly purchase Nespresso capsules, other products and/or accessories by using your Nespresso Club Credit.

As a subscriber, you will also receive extra Nespresso Club Credit added to your account each month at no charge to you. This Nespresso Club Credit will be granted each month 1 day(s) after the receipt of the Monthly Fee and/or Machine payment (as the case may be) in cleared funds. The amount of additional and free-of-charge Nespresso Club Credit shall be varied depending on Nespresso Subscription plan you selected.

Notwithstanding, Nespresso Thailand will provide you free-of-charge delivery and packaging fee for order less than 2000 THB.

6. Provided your pass our security and credit checks, and if you purchased a Nespresso machine with your subscription, the Nespresso machine will be dispatched or handed to you upon receipt of your payment of the Nespresso machine and the first Monthly Fee in cleared funds (see Section 8 of the General Conditions of Sale). Your Nespresso machine is guaranteed by the machine manufacturer pursuant to the warranty conditions listed in the original Product documentation.

Monthly Nespresso Club Credit:

7.1 If you subscribe for Nespresso subscription plan, each month, you will receive a fixed amount of Nespresso Club Credit for you to make your own selection of capsules, other products and/or accessories available from Nespresso Website (www.nespresso.com/th), by mobile application on smartphone, by phone call 1800 019 090 or in our Nespresso Boutiques. The amount of Nespresso Club Credit you receive is equal to the Monthly Fee for the subscription plan you select plus the extra credit that is free of charge to you as detailed in the following table:

7.2 Subject to Section 7.1, if you purchase a coffee machine with your Nespresso subscription plan, you will also receive additional Nespresso Club Credit (Machine Reimbursement as shown in below table) as added to your account each month at no charge to you besides from Nespresso Club Credit you will receive in Section 7.1 each month for maximum period of 12 months, which will begin as soon as your machine promotion offer is processed and validated.

In the event that you pay Monthly Fee for 12 months consecutively and receive all benefits as shown in below table, the benefit of additional Nespresso Club Credit shall be ceased.

The amount of Nespresso Club Credit you receive under this Section (in case you purchase a coffee machine with your Nespresso subscription plan) are detailed in the following table:

7.3 The Nespresso Club Credit under Section 7.2 or Section 7.2 (as the case may be) will be added to your Nespresso Club account that is linked to your Membership each month within 1 days of receipt of the Monthly Fee in cleared funds.

7.4 Make sure that you regularly select what goods you would like to purchase using your Nespresso Club Credit, as your Nespresso Club Credit will expire two (2) years after the end of the subscription.

Any unused Nespresso Club Credit remaining at the date of expiry in first paragraph will be lost, and you will not receive a refund for the said unused Nespresso Club Credit. You can check your current balance of Nespresso Credit by logging into your account on www.nespresso.com/th.

7.5 Nespresso Club Credit is non-refundable and non-transferable and may not be exchanged for a cash equivalent.

How Long Does the Subscription Last?

8. The Nespresso subscription plan will go on as long as you continue to make your monthly payments. It can be terminated at any time of your choosing and this, without any penalties for you.

Terminating Your Subscription

9. If you wish to terminate your subscription, you may do so by accessing your my account/my subscriptions section on www.nespresso.com/th, by contacting our Customer Relationship Centre at 1800 019 090 or by visiting a Nespresso Boutique. Termination under this Section shall be in effect for next monthly fee payment due. You will not be entitled to a refund for any Monthly Fees already paid at the date of termination.

See Section 11 for what happens to your Nespresso Club Credit after termination.

Failed Payments

10. If you fail to pay the Monthly Fee when due, Nespresso’s automated system will reattempt again until successful for three (3) consecutive days (market to adapt). Any outstanding balance will be carried forward such that the next payment will be for the previous and current months. Nespresso Thailand will freeze the access to your Nespresso account after two (2) failed monthly payments until such payment is made. Your subscription will hence be terminated.

After the Termination

11. After the termination of your subscription under Section 9 or Section 10 (as the case may be), any remaining Nespresso Club Credit will still be available for you to spend and will be not expired until 1 year after the termination is in effect. Any additional Nespresso Club Credit that you were entitled to receive under Section 7 shall be ceased after the termination is in effect.

Who can subscribe?

12. Customers must be at least 18 years old and reside in the Kingdom of Thailand. There is a limit of one Nespresso subscription plan per Nespresso Club Member per person.

Limited Availability and other Miscellaneous Conditions

13. This offer cannot be used in conjunction with other discounts, offers, privileges or promotions.

14. You are not allowed to transfer your Nespresso Subscription Plan to another person.

15. Nespresso may, without prior notice, terminate the Nespresso Subscription Plan (but this will not affect customers who have already signed up for it), and amend these terms and conditions. Nespresso’s decisions on all matters relating to this offer are final.