Please read the Terms and Conditions contained in this document carefully since any use of these Pages constitutes your acceptance of the Terms and Conditions set out herein. Throughout these terms and conditions, the terms "we", "us", "our" "Nestlé" and "Nestlé Group" refer to the Nestlé S.A. and any of its affiliated companies as appropriate to the context Nestlé MALTA Ltd . “You” refers to any
person accessing and/or using these Pages. As between you and us, in the event of any inconsistency between these and terms and conditions of Facebook, our terms and conditions shall apply. Nestlé pages/website Privacy Policy
Any personal information or material sent to the Pages are subject to the Nestlé Group policy on privacy and protection of personal data set out in the Nestlé Policy on Privacy located on these Pages. You acknowledge that any information or materials (including images) (“Materials”) which you post or otherwise make available on these Pages may be available for viewing by others without restriction. Accuracy, completeness and timeliness of information posted by us
Whilst we use all reasonable attempts to ensure the accuracy and completeness of information on these Pages, we are not responsible if the information that we make available on these Pages is not accurate or complete. Any reliance upon the material on these Pages shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on these Pages. Transmission
Any communication or material you transmit to these Pages by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non–confidential and non–proprietary. Any Material you transmit or post becomes the property of the Nestlé Group and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Nestlé Group is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any Material or communication you send to these Pages. Any such use is without compensation to the party submitting information. By submitting Material, you are also warranting that you own all the relevant rights in the Material (or have all necessary permissions or consents to submit it), that it is not defamatory and that the Nestlé Group's use will not violate any third party's rights or otherwise place us in breach of any applicable laws. The Nestlé Group is under no obligation to use the information submitted. Intellectual property rights
® Reg. Trademark of Société des Produits Nestlé S.A. All rights reserved. All copyright and other intellectual property rights in all text, images and other materials on these Pages are the property of the Nestlé Group or are included with the permission of the relevant owner. You are permitted to browse these Pages, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices and that the above trademark notice appears on such reproductions. No reproduction of any part of these Pages may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Pages. The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on these Pages belong to Société des Produits Nestlé S.A. part of the Nestlé Group. Nothing contained on these Pages should be construed as granting any license or right to use any trade mark displayed on these Pages. Your use/misuse of the Trade Marks displayed on these Pages, or on any other content on these Pages, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that the Nestlé Group will vigorously enforce its intellectual property rights to the fullest extent of the law. You agree to assign the copyright and other intellectual property rights in the Materials to us and to execute such documents as we may require in this regard. To the extent you do not own such rights in the Materials you shall ensure that we have permission to use the Materials as set out above anywhere in the world. Links to other Facebook or other webpages/websites
Links on our Pages may take you outside the Nestlé Group network and systems and the Nestlé Group accepts no responsibility for the content, accuracy or function of these other third party pages/websites. The links are provided in good faith and the Nestlé Group cannot be held responsible for any subsequent change in other third party pages/websites to which we provide a link, nor for the accuracy, availability or content of such pages/websites. The inclusion of any link to other pages/websites does not imply endorsement by the Nestlé Group. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other pages/websites that you visit. Warranties and Disclaimers
Your use of these Pages is at your own and exclusive risk. Warranties
These Pages are provided to you on an "As Is" and "As Available" basis and, consequently, the Nestlé Group gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability or satisfactory quality and fitness for a particular purpose) including warranties or representations that material on these Pages will be complete, accurate, reliable, timely, non–infringing to third parties, that access to these Pages will be un–interrupted or error–free or free from viruses, that these Pages/website will be secure, that any advice or opinion obtained from the Nestlé Group through these Pages is accurate or to be relied upon and any representations or warranties thereto are accordingly expressly disclaimed. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws. We reserve the right to restrict, suspend or terminate without notice your access to these Pages or any feature of these Pages or any feature or part thereof at any time. Liability
The Nestlé Group and/or any other party involved in the creating, producing or delivering these Pages on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of these Pages or arising from any other website you access through a link from these Pages or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us. The Nestlé Group and/or any other party involved in the creating, producing or delivering these Pages shall have no responsibility to maintain the material and services made available on these Pages or to supply any corrections, updates, or releases in connection therewith. Any material on these Pages is subject to change without notice. Further, the Nestlé Group shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from these Pages. If you choose to download material from these Pages you do so at your own risk. To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé Group, its officers, directors, employees, suppliers and programmers that may arise from your use or access of these Pages. Prohibited Activity
You are prohibited from doing any act that the Nestlé Group in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to these Pages including but not limited to:
Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals;
Using these Pages to defame or libel the Nestlé Group, its employees or other individuals, organisations or entity or acting in such a way that brings into disrepute the good name of the Nestlé Group;
Uploading files that contain viruses that may cause damage to the property of the Nestlé Group or the property of other individuals; and
Posting or transmitting to these Pages any non–authorised material including but not limited to material that is in our opinion likely to cause offence, annoyance, detrimental to or in violation of Nestlé Group or third party’s systems or network security, defamatory, racist, obscene, threatening, pornographic or otherwise unlawful. Nestlé reserves the right to remove any Material which it in its sole discretion believes should be removed without notifying. We further reserve the right to disclose the user’s identity if a third party claims any violation of his or her rights has occurred. Jurisdiction and governing law
The Nestlé Group material and information appearing on these Pages are intended for MALTA users only. The Nestlé Group makes no representations that the material and information on these Pages are appropriate or available in locations other than MALTA. You and the Nestlé Group agree that any controversy or claim arising from or pertaining to the use of these Pages shall be governed by Maltese law and be submitted to the exclusive jurisdiction of the courts of Malta. Cookies
Nestlé does use tracking technology ("cookies"). The policy of Nestlé Group on use of cookies is set out in the Nestlé Group privacy and personal information policy located on these Pages web page. Legal notice update
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information. NESTLÉ POLICY ON PRIVACY
Thank you for visiting these Nestlé’s Nescafé MALTA pages (the “Pages”). We hope you enjoy learning more about Nestlé and our products. Nestlé respects your right to privacy in the on–line world when you use our Pages and communicate electronically with us. We put in place all necessary measures to keep secure any personal information you give us. This Privacy Policy sets out the data Processing practices carried out by Nestlé in the use of the Internet and any other electronic communications networks. It is fundamentally important that you are informed that Nestlé MALTA Ltd is the Data Controller (please see Question 18 of this Notice) of your personal information. The principles set out in this Privacy Notice apply to all Data Controllers in the Nestlé Group. We asked ourselves a number of key questions that we believe you would like answered about the personal information that you submit to Nestlé. These answers will inform you of your rights relating to your personal information and the measures that Nestlé takes to maintain the privacy and security of this personal information. We trust you find this information helpful. If you have any requests concerning your personal information or any queries with regard to these practices please contact Nestlé MALTA Consumer Services at the address given in Question 5. We designed this Privacy Notice so that you don't have to read all of it to find an answer to a specific question. If you want to read all of it, please feel free to do so. It's set out in full below. Please click on any of the questions below and you will be directed to the relevant answer in the main text. Q1 What personal information does Nestlé collect through these Pages and how does Nestlé collect it? Q2 How does Nestlé keep your personal information secure? Q3 What purposes does Nestlé use your personal information for? Q4 Who does the Nestlé Group disclose your personal information to and why? Q5 How can you see, check, change or delete the personal information you send to us? Q6 What countries will your personal information be sent to and why? Q7 COOKIES ('Tracking Technology') – How and why does Nestlé use them? Q8 E Marketing – What is SPAMMING and what is Nestlé's position on SPAM e–mails? Q9 How long does Nestlé keep your personal information for? Q10 What is Nestlé's policy on children using and communicating with our Pages? Q11 Does Nestlé link to other Third Party Pages and what happens to my personal information when this linking happens? Q12 What happens to my personal information when I e–mail a Nestlé web page to someone else? Q13 What happens to my personal information if I participate in an on–line survey from Nestlé through these Pages? Q14 What is One–Time Registration? Q15 Can Nestlé change the terms of this Privacy Notice? Q16 Where can I find more information on the legal issues concerning Pages and on my legal rights and responsibilities? Q17 Which address[es] are available where I can contact Nestlé if I have other questions regarding my personal information? Q18 Which specific terms with legal definitions are used in this Nestlé Privacy Notice? Q19 IMPORTANT – Why do I have to accept the terms of this Privacy Notice? NESTLE POLICY ON PRIVACY
Q1 What personal information does Nestlé collect through these Pages and how does Nestlé collect it? We only collect personal information that YOU want to provide to us or that is needed to provide (and improve) our service to you. We collect direct personal information such as name, address and e–mail address as well as indirect information such as cookies; connection and system information. You may want to give us your e–mail address, name, telephone number etc. so that we can provide you with information on our products, enter you into our competitions or surveys, or just keep you updated about exciting Nestlé developments that you are interested in. You can be confident that Nestlé takes all necessary measures to keep any personal information you send to us private and secure. Nestlé takes all necessary measures to keep your personal information private and secure. Only authorised Nestlé Group staff, Third Party companies (i.e. service providers) staff or our business partners' authorised staff (who have contractually agreed to keep all information secure) have access to your personal information. All Nestlé staff who have access to your personal information are required to adhere to the Nestlé Group Privacy Policy and all Third Party employees who have access to your personal information have signed privacy and non–disclosure agreements. In addition, contracts are in place with third–party companies that have access to your personal information, to make sure this information remains secure. To ensure your personal information is protected, Nestlé maintains a secure IT environment and has the appropriate measures in place to prevent unauthorised access (i.e. hacking). Please see Question 4 – Who does the Nestlé Group disclose your personal information to and why? Q3 For what purposes does Nestlé use your personal information? Your personal information will be used for the purposes for which you provided it to Nestlé. It will also be used to administer, support and obtain feedback on the level of our services and to prevent breaches of security, the law or our contract terms. Nestlé will never share your personal information with any Third Party business organisation that intends to use it for direct marketing purposes unless you have given us specific permission to do this. For Nestlé's policy on: (i) direct marketing by e–mail; (ii) your right to ask Nestlé at any time NOT to contact you by way of direct e–mail marketing; and (iii) also your right to delete your personal information from our systems, please see Question 8 & Question 5 respectively. Nestlé may share your personal information with other companies within the Nestlé Group of companies. Nestlé may also share your personal information with Third Parties but only in the strictly limited circumstances set out below:
• We may supply your personal information to Third Parties (such as our internet service providers) who help us administer these Pages. Some of these business partners may be located outside the country where you accessed these Pages. Our main service provider for web hosting is in the United States. Please see Question 6 – Which countries will your personal information be sent to and why? These Third Parties must at all times provide the same levels of security for your personal information as Nestlé and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Nestlé.
• We may also supply your personal information to government bodies and law enforcement agencies if: we are required to do so by the requirements of any applicable law; or if in our good faith judgment, such action is reasonably necessary to comply with legal process; to respond to any legal claims or actions; or to protect the rights of the Nestlé Group or its customers and the public.
• We may, in a few limited circumstances, supply your personal information to potential acquirers of any relevant Nestlé business but provided that (i) we have contractually ensured that this information is kept private and secure; and (ii) that when supplying this personal information, Nestlé complies with the applicable local laws. Q5 How can you see, check, change or delete the Personal Information you send to us? You have the right, in a number of countries, to ask companies (such as Nestlé) to provide you with all the information it stores on you. Certain national laws may require you to pay a small charge for this activity. You may also have your personal information deleted, corrected or revised by sending an e–mail to [email protected] or call 80072209. Q6 Which countries will your personal information be sent to and why? Nestlé is a global company and your personal information may be transferred across international borders. It may be transferred to countries that have different levels of data protection laws to the country from where you submitted your personal information. Your personal information may also be transferred between different companies of the Nestlé Group located in different countries. Nestlé takes the appropriate measures to maintain security of the personal information both during transit and at the receiving location. The server that makes these Pages available may be located outside the country from which you have accessed these Pages. Our main hosting provider for most Nestlé websites is based in the United States. This provider is bound by a contract that ensures a high standard of privacy protection and requires (amongst other provisions) that it acts only on Nestlé instructions and implements all technical measures necessary on an ongoing basis to keep your personal information secure. Nestlé may make use of tracking technology ('Cookies') to gather such personal information as browser type and operating system, referring page, path through site, domain of ISP etc. for the purpose of understanding how visitors use these Pages. Cookies help us tailor these Pages to your personal needs. Nestlé keeps all the information collected from cookies in a non–personally identifiable format. This type of information obtained through cookies will not be disclosed outside the Nestlé Group or designated Third Parties. It will not be used for unsolicited communications. Cookies located on your computer do not contain your name but an IP address. After the user's session is cancelled the information contained in the cookies is no longer available to Nestlé. Please ensure that your computer setting reflects whether you are happy to accept cookies or not. You can set your browser to warn you before accepting cookies, or you can simply set it to refuse them, although you may not have access to all the features of these Pages if you do so. See your browser 'help' button for how you can do this. You do not need to have cookies on to use or navigate through many parts of this and other Nestlé websites. Remember that if you use different computers in different locations, you will need to ensure that each browser is adjusted to suit your cookie preferences. Spamming is where unsolicited e–mails are sent to you containing advertisements or marketing related materials without your consent. Nestlé does NOT send SPAM e–mails. Nestlé itself uses an anti–SPAM tool to protect our employees from SPAMMING. Sending e–mails without consent is illegal in many countries. Nestlé will not use your personal information (including your e–mail address) for direct marketing or follow–up communications unless you give us your EXPRESS permission. This is called "OPT–IN" consent. Also, Nestlé does not share your personal information with any Third Party companies who will use your personal information for SPAM mails. Nestlé Pages/websites may give you the opportunity to receive marketing information by e–mail. Every e–mail sent by Nestlé will give you the opportunity at any time to stop receiving marketing e–mails. If for some reason you believe you have received SPAM e–mail from a Nestlé Group company, please inform us immediately at the address given. For address details please see Question 5 – How can you see, check, change or delete the Personal Information you send to us? Nestlé may store the personal information that you send to us via these Pages in its databases such as its Customer Relationship Marketing database. Your personal information will be kept by the Nestlé Group only for as long as is reasonably necessary taking into consideration our need to answer queries or resolve problems, provide improved and new services and comply with legal requirements under applicable law(s). This means that we may retain your personal information for a reasonable period after you stop using Nestlé services or stop using these Pages. After this period, your personal information will be deleted from all systems in the Nestlé Group. We remind you that we have a right to have your personal information deleted at any time. Please see Question 5 – How can you see, check, change or delete the Personal Information you send to us (above)? We believe that it is highly important to protect the privacy of children on–line and encourage parents or guardians to spend time on–line with their children to participate in and monitor their e–activities. We do not intentionally collect personal information from children under the age of 16 except on some of our children's websites. On these websites, we will collect such personal information in accordance with all local laws and regulations applicable to the privacy rights of children. If parents or guardians provide consent for the child to submit personal information, we will ask children only for the personal information necessary to participate in the program for which the child is registering. Special note to Children under the age of 16
If you are under the age of 16, we advise that you speak with your parent or guardian BEFORE giving your personal information via our Pages. If you are not sure you understand something in this section, you should ask your parent or guardian for their help. Special note to Parents of Children under the age of 16
We recommend that parents/guardians regularly check and monitor their children's use of e–mail and other on–line activities. Please make sure that your child does not give us personally identifiable information on–line without asking your permission. All visitors under the age of 16 will be asked to supply a parent or guardian's e–mail address. This is so that we can forward to parents or guardians a copy of every e–mail we are requested to send to children. You can, at any point of time, check your child's personal information and have it changed or deleted on–line. Alternatively, you can also ask us to delete any of your child's information by sending us a deletion request form by e–mail/postal mail/ fax to the address given in contact details set out in Question 5 – How can you see, check, change or delete the personal information you send to us? Q11 Does Nestlé link to other Third Party Facebook or other pages/websites and what happens to my personal information when this linking happens? Nestlé may link to other pages/websites . These Third Party pages/websites are outside of our control and are not covered by this Privacy Notice. If you access other pages/websites using the links provided, the operators of these other pages/websites may collect your personal information. Please ensure that you are satisfied with the Privacy Policies of these Third Party pages/websites before you submit any personal information. Nestlé tries, as far as we can, to ensure that all Third Party linked pages/websites have equivalent measures for protection of your personal information, but we cannot be held responsible legally or otherwise for the availability of services, accuracy, activities, privacy policies or levels of privacy compliance of these Third Parties. Our Pages may provide you with the opportunity to e–mail a web page address to another person. For this feature to work, we may need to collect your e–mail address and/or the e–mail addresses of those you send the web page to. E–mail addresses collected in this way are not used for any purpose other than to fulfill your request. These e–mail addresses are not stored and are deleted immediately after your request is fulfilled. From time to time, we may ask our visitors to our Pages to answer survey questions. Surveys generally will relate to the content of the Pages, our products or categories of products. We may ask for age or age ranges, gender, and/or other non–personally identifiable information. For the purposes of these surveys, we may add information obtained from cookies to your survey answers but no personally identifiable information will be requested. The personal information collected is not tied to any personal information that you may already have given to us. Personal information gathered from polls and surveys are for Nestlé internal use only but aggregated information (not capable of personally identifying anyone) may be shared with others. In order to make the registration process easier, we may use a one–time registration tool across many Nestlé Pages. With this tool, when you register with our Pages, this information can be automatically made available to you for registration at other Nestlé website(s). Your personal information remains protected and we always ask for your express consent or 'Opt–In' to receive information from Nestlé before you are added to any mailing list. Nestlé will occasionally make changes and corrections to this Privacy Notice. Please check this Privacy Notice regularly to see the changes and how these may affect you. Q16 Where can I find more information on the legal issues concerning the Pages and my legal rights and responsibilities? The laws that govern and apply to these Pages are those of England and Wales. For more detailed information, please consult the our legal terms and conditions applicable to use of these Pages available by clicking on this link or directly on this web page. Q17 Which address(es) is available for me to contact Nestlé if I have other questions regarding my personal information? The address is Nestlé Malta Limited, Pantar Road Lija, LJA 2023. Freephone: 8007 2209. Q18 Which terms have specific legal meanings in this Nestlé Privacy Notice (they are highlighted for your ease of use with Capital Letters excepting personal information simply because it is mentioned so often!)? Personal Information can also be known as Personal Data and means any information relating to you as a natural person that is capable of directly or indirectly identifying you. (On these Pages this is typically at least your e–mail address). Processing of Personal Information means any operation or set of operations which is performed upon your personal information whether or not by automatic means including collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction (i.e. effectively any activity that Nestlé performs on or with the personal information that you send us). "Data Controller" is the organisation alone or jointly that determines the purposes and means of the Processing of your personal information (i.e. the Nestlé entity operating these Pages and collecting your personal information), which here is Nestlé MALTA Ltd. "Third Party / Parties" for the purposes of this Privacy Notice means any company not under control of Nestlé S.A through either direct or indirect ownership. "Nestlé" and "Nestlé Group" in this Privacy Notice all references to Nestlé S.A. and its subsidiary companies (in which Nestlé S.A. has control through either direct or indirect ownership) as appropriate to the context. Nestlé is a global company that uses the Internet to collect and process your personal information. This naturally involves the Processing and transmission of your personal information across borders. This Privacy Notice provides you with all information necessary (in an easily accessible way) to make an informed choice as to whether to use these Pages and to send your personal information to Nestlé or not. Therefore, by browsing these Pages and communicating electronically with us, you acknowledge and agree to our Processing of your indirect personal information (cookies, connection and system information) in the manner set out in this Privacy Notice. If you ask us to provide a certain service to you (i.e. a competition, newsletter or new product details etc.) we will need additional direct personal information (name, address and e–mail address) from you. In this case, we will ask you for your express consent to collect and use this personal information. This personal information will be used only for the purposes for which you gave it to us. If you have any questions regarding this Privacy Notice please contact Nestlé at the address given under Question 5 and we will be pleased to assist you with any additional questions you may have. Copyright © Société des Produits Nestlé S.A. 2005