PRIVACY POLICY

Whole Bean, is aware that you may wish to be informed about how your personally identifying data and information, such as name, address, telephone/fax numbers or e-mail address etc (“Data”) that you may provide to Whole Bean, are treated. Accordingly, we have developed this Privacy Policy (“Policy”) to explain our use of your Data as well as all our reasonable precautions to keep your Data confidential and secure.
By ordering our products and using our services, you are consenting to the Data collection and use practices described in this Policy, as modified from time to time by us. We reserve the right to modify our Policy and invite you to consult this Policy from time to time in order to familiarise yourself with any changes, We will post any new Policy on our websites, changing the date in the last paragraph of such Policy.
The terms of this Policy are without prejudice to any contractual terms you may enter into with us, which shall prevail over the terms of this Policy.

1. PLEDGE ON PRIVACY
Whole Bean does not collect and process Data except when voluntarily provided by you. We ensure compliance by our staff with strict standards of security and confidentiality and in processing your Data we pledge to fully comply with internationally recognized standards of privacy protection.

2. INTENDED USE OF DATA
Whole Bean collects and processes Data only for specific and limited purposes which we inform you about when you wish to use certain services. For example, we may collect and use Data to provide you with our products or services, to bill you for products or services you request, to verify your credit, to receive news releases, or to communicate with you. In addition, we may use your Data to evaluate the effectiveness of and improve our services to our website visitors and customers, for our own internal statistics to evaluate customer interests as well as purchasing and other trends among customers and to better determine product development and marketing strategies. By submitting your Data, you expressly consent to such use. Whole Bean keeps your Data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements. Use of the Whole Bean online store and services may require registration. When you register with us, you may need to complete certain fields (some are required, some are optional) as well as to chose a user name (valid email address) and password. In these situations, if you chose to withhold any Data requested by us, it may not be possible for you to gain access to certain parts of our websites and for us to respond to your queries.

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

4. SECURITY / CONFIDENTIALITY
We undertake to take all reasonable steps in order not to allow your Data to be seen by third parties other than those who act for or on behalf of Whole Bean and have agreed to treat your Data confidential and secure. Access to Data is restricted to those of our employees on a need to know basis and who have been trained to observe strict standards of confidentiality in handling your Data.
To ensure the security and confidentiality of Data that Whole Bean collects online, when you place orders, we use a secure server, firewalls and password protection
The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the sensitive customer data we collect is protected by encryption to prevent unauthorised access. Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a complete secure environment, and that therefore the confidentiality of the Data provided by you or material transmitted via our websites or by e-mail cannot be guaranteed by Nespresso. Thus, we can not be responsible or liable for the security of your Data whilst in transit via the Internet to us.

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

6. SPAMMING
Whole Bean does not conduct “spamming”. Spamming is defined as sending unsolicited e-mails, usually of commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. On the contrary, where we believe that one of our products is of importance to you, we inform you by e-mail whilst giving you the choice of opting out of such service.

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

8. LINKS TO OTHER WEBSITES
As a service to our visitors, our websites may provide hyperlinks to other websites that are not operated or controlled by Whole bean. Therefore, Whole Bean can not be responsible or liable for the content of such websites or the privacy practices of such other parties. Please note that these privacy practices may differ from our Policy. We encourage you to review and understand their privacy practices before providing them with personal information.

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

Whole Bean.
April 2009

TERMS OF USE

1. ACCEPTANCE AND MODIFICATION OF THE TERMS OF USE
1.1 Your access and use of the website (the “Website”) of Whole Bean, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

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

3. USE OF THE WEBSITES
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Whole Bean.
3.2 Whole Bean neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.

4. INFORMATION DEEMED NON-CONFIDENTIAL
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy. Whole Bean invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.

5. DISCLAIMER OF WARRANTIES
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 WHOLE BEAN DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.4 Any advise or information, be it oral or written, obtained from Whole Bean or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

6. LIMITATION OF LIABILITY
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER WHOLE BEAN, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY WHOLE BEAN), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.2 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Whole Bean assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Whole Bean reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Whole Bean accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Whole Bean or any third party.

7. CHANGE OF INFORMATION
The content of our Websites may contain inaccuracies or errors. Whole Bean reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.

8. AVAILABILITY OF PRODUCTS / SERVICES
Our Websites may contain information on Whole Beans’ products and services, not all of which are always available. A reference to a Whole Bean product or service on the Website does not imply that such product or service is or will be available at all times.

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

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

Whole Bean.
April - 2009

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