EU Data Act Notice – Nestlé Professional Europe

Nestlé Professional Europe is committed to ensuring transparency and fairness in relation to data generated by its connected professional coffee machines (hereinafter “Professional Coffee Machines”) in accordance with Regulation (EU) 2023/2854 (the “EU Data Act”).

This Notice is addressed to customers and users in a professional or commercial context who operate Nestlé Professional connected equipment and related services within the European Union.

This Notice explains:

• • what data may be generated by Nestlé Professional connected products;
• • how such data can be accessed directly or shared upon request; and
• • the rights and obligations applicable under the EU Data Act.

This Notice applies only to non personal technical and usage data within the scope of the EU Data Act. 

Our Professional Coffee Machines do not collect personal data except for the Customer’s corporate identity and machine location under the terms and purposes of the existing commercial agreements. 

Information on how we process personal data in our business (where applicable) is provided separately in the applicable Privacy Notice(s), which apply independently of this Notice.

This is a general notice for Europe from Nestlé Professional Division. Further details can be found in the website of Nestlé’s local entities in each country, being each entity the data holder. 

1. Connected Nestlé Professional Coffee Machines

Nestlé Professional coffee machines with connectivity and telemetry equipment (“Connected Products”) may generate data relating to their operation, usage, and technical performance (“Product Data”).

2. What type of data may be generated

All connected Professional Coffee Machines owned by Nestlé Professional, regardless of the model, collect basic usage, operational and technical data as follows:

* Self-serve machines have often associated a payment terminal machine which, however, does not store consumer data on the Professional Coffee Machines and therefore does not share data with Nestlé Professional except for price charged and successful payment for operational purpose but anonymized. These payment methods are usually contracted by customer and are outside the scope of responsibility of Nestlé. 

3. Where and how data is stored

This data is accessible directly at the Professional Coffee Machine display or at Nestlé Professional systems or authorized service platforms.  

Data is initially stored locally on the Professional Coffee Machine and, where connectivity is enabled, securely transmitted to Nestlé Professional systems or authorized service platforms.

Data may be generated continuously or at defined usage or event triggers, depending on the technical design of the Professional Coffee Machines.

4. Your rights under the EU Data Act

In accordance with the EU Data Act, eligible users of Connected Products have the right to:

• • Access the Data generated by your use of the Connected Product, and
• • Request that Data be made available, at the user’s request, to:

the user directly, and/or

a third party designated by the user.

As a general rule, customers may access the data directly at the Professional Coffee Machines. However, if customer or user has difficulty accessing or has further queries, they may request for such data and those requests shall be handled in accordance with the conditions, technical feasibility, and safeguards provided for under the EU Data Act. To that effect, customers may contact nestleprofessional@se.nestle.com for any data access requests.

5. Sharing of data with third parties

Where a user validly requests that Data be shared with a third party:

• • Data will be made available only for the purposes specified by the user;
• • Appropriate technical and organizational measures will be applied to protect confidentiality, trade secrets, and security; and
• • Third parties receiving Data are subject to the obligations applicable to data recipients under the EU Data Act, including limitations on use and onward sharing.

As explained above, Nestlé Professional Europe does collect nor transfer personal data under this Notice.

6. Limitations and safeguards

The exercise of rights under the EU Data Act may be subject to:

• • verification of the requester’s entitlement,
• • technical feasibility,
• • protection of trade secrets and sensitive commercial information, and
• • compliance with other applicable EU or national laws.

Where Data cannot be shared in full, Nestlé Professional Europe will explain the relevant limitations in accordance with the EU Data Act.

8. Relationship with contracts

Nothing in this Notice affects:

• • existing commercial agreements between Nestlé Professional Europe and its customers, or
• • contractual terms governing pricing, services, liability, or intellectual property,

except to the extent required by the EU Data Act.

9. Contact

For questions or requests relating specifically to data access or sharing under the EU Data Act, please contact: 

Nestlé Professional Nordic

nestleprofessional@se.nestle.com

Please have the below information so we can help you as quickly as possible:

• • Company name
• • Site address (inc postcode) 
• • Where machine is located
• • Machine serial number.