Privacy Policy - Mövenpick Fine Food
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      Privacy Policy

      Privacy Policy

      Mövenpick Holding AG is the operator of the website www.moevenpick-finefood.com. Mövenpick Holding AG is therefore responsible for the collection, processing and use of your personal data and the compatibility of data processing with the applicable data protection legislation.

      Your trust is important to us, which is why we take the topic of data protection seriously and ensure that an appropriate level of security is provided. It goes without saying that we adhere to the legal provisions of the Federal Act on Data Protection (“FADP”), the Ordinance to the Federal Act on Data Protection (“OFADP”), the Telecommunications Act (“TCA”) and other applicable Swiss or EU data protection legislation, particularly the General Data Protection Regulation (“GDPR”).

      So that you know what type of personal data we collect from you and what purposes we use it for, please note the information below.

      If you have any questions regarding data protection law, you can reach the person responsible for data protection in our company via the following e-mail address privacy@moevenpick-group.com.

      The EU representative of Mövenpick Holding AG can be contacted at the address below.

      MLL EU-GDPR GmbH
      Ganghoferstrasse 33
      DE-80339 München

      Germany

      What data do we process when you visit our website?

       

      1. Do we already collect data from you when you visit our site?


      When you visit our website, our servers temporarily save a record of every access in a log file. The following technical data is collected and stored by us, as in principle with every connection to a web server, without your intervention:

      • The IP address of the requesting computer;
      • The date and time of the visit;
      • The URL of the linking web page (referrer URL), if applicable including the search term used;
      • The name and URL of the file accessed;
      • The status code (e.g. error message);
      • Your computer’s operating system;
      • The browser you are using (type, version and language); and
      • The transmission protocol used (e.g. HTTP/1.1).

      This data is collected and processed for the purpose of making it possible to use our website (establish a connection), to permanently guarantee system security and system stability, to enable the optimisation of our website and for internal statistical purposes. This constitutes our legitimate interest of processing the data.

      The IP address is also evaluated together with the other data in case of attacks on the network infrastructure or other unauthorised or abusive website use for information and defence purposes and, if necessary, in the context of criminal proceedings.

      We store such access data for a maximum of three months.

      2. What data do we collect if you buy items via our online shop?

      You have the possibility to order our products directly via our website. If you do this, you will be automatically redirected to the website «https://www.brack.ch/moevenpick» or «https://www.gourvita.com/kaufen/movenpick-shop.html». Your data is processed according to that website’s data protection regulations. Please check the privacy policies on the website «https://www.brack.ch/moevenpick» or «https://www.gourvita.com/datenschutz» in order to inform yourself about their processing of personal data, in particular with regard to placing an order and, if necessary, make the necessary adjustments or do not use the service.

      The processing of this data, and in particular forwarding it to third-party websites, shall be deemed to be in our legitimate interest of offering you our products via websites affiliated to us.

      3. What data do we collect when you use our contact form?

      You have the option of using a contact form to get in touch with us.

      To that end, we absolutely need the following information:

      • First name;
      • Surname;
      • E-mail address;
      • Message;

      Even if you contact us via our other contact addresses and channels (e.g. by e-mail, telephone or social media), your personal data will be processed. We process the data you have provided us, e.g. the name of your company, your name, your role, your e-mail address or telephone number and your enquiry. In addition, the time of receipt of your enquiry will be documented.

      We only use this data, as well as any additional data you provide (in particular other product information, the name of the shop where you bought the products, the place of purchase and information about the products purchased such as the name or shelf life), in order to be able to respond to your contact request in the best possible, personalised way. The processing of this data is therefore in our legitimate interest. If your enquiry relates to the conclusion or performance of a contract, the processing of this data is necessary for the implementation of the necessary performance measures.

      4. What are cookies? Do we use cookies?

      Cookies make your visit to our website simpler, more pleasant and more meaningful in many respects. Cookies are information files which your browser automatically stores on your computer’s hard drive when you visit our website. We use the following cookies in particular:

      • Analytical or performance cookies.

      We use these cookies, for example, to temporarily store your selected services and inputs when filling out a form on the website, so that you do not have to repeat the input when calling up another subpage. Cookies may also be used to identify you as a registered user after you have registered on the website, so that you do not have to log in again when you visit another subpage.

      Most web browsers accept cookies automatically. You can, however, configure your browser to prevent cookies from being stored on your computer or to display a message whenever you receive a new cookie.

      Disabling cookies may mean that you cannot use all of our website’s functions.

      Changing cookie settings

      5. Do we use tracking tools?

      a. What are tracking tools?

      For the purpose of designing and continuously optimising our website, we use the web analytics service of Google Analytics. Cookies are used in this context. The information generated by these cookies about how you use our website is sent to the servers of the companies who provide these services, where it is stored and processed for us. In addition to the data listed in section 1, we may receive the following information as a result:

      • The visitor’s navigation path through the website;
      • The time spent on the website or subpage;
      • The subpage from which the visitor leaves the website;
      • The user’s access location (country, region or city);
      • The accessing device (type, version, colour depth, resolution, width and height of the browser window); and
      • Whether the visitor is a returning or new visitor.

      This information is used to monitor traffic on our website, compile reports on how visitors use our website, and provide additional services in connection with the use of the website and the Internet for the purposes of market research and improving our website. The information may also be shared with third parties if this is required by law or if the third parties are processing the data on our behalf.

      b. What is Google Analytics?

      The provider of Google Analytics is Google Inc., a company of the holding company Alphabet Inc., headquartered in the USA. Because IP anonymisation has been activated on this website (“anonymizeIP”), your IP address will be truncated before the data is sent to the provider if you reside in a Member State of the European Union, or any country party to the Agreement on the European Economic Area. Google will not associate the anonymised IP address supplied by your browser to Google Analytics with any other data held by Google. Only in exceptional cases will the full IP address be sent to Google servers in the USA to be shortened. In these cases, Google Inc. offers a contractual guarantee that it will maintain an adequate level of data protection. According to Google Inc., the user’s IP address will never be associated with other data relating to the user. For more information about the web analytics service you are using, visit the Google Analytics website. For instructions on how to prevent the web analytics service from processing your data, see http://tools.google.com/dlpage/gaoptout?hl=en.

      We use Google Analytics for our legitimate interest of improving our website appearance and related services as well as for internal statistical purposes.

      Storage and exchange of data with third parties

      6. Is this data stored?

      We store the data specified in this Privacy Policy.

      7. How long is my data kept for?

      We only store personal data for as long as necessary to use the above-mentioned tracking services and other forms of processing in the context of our legitimate interest. We retain contractual data for a longer period, as this is required of us by our legal retention obligations. Retention obligations which oblige us to retain data arise from accounting regulations, civil law regulations and tax legislation. In accordance with these regulations, business communications, contracts concluded and accounting documents must be retained for up to 10 years. Insofar as we no longer need said data in order to perform services for you, access to said data will be blocked. This means that said data will then only be allowed to be used for purposes relating to accounting and taxes.

      8. Passing on data to licensees

      We pass on your personal data, which you transmit to us in the context of product complaints via our contact addresses and channels, to our licensees in Switzerland and Germany who are responsible for manufacturing the product. Your personal data will be passed on for the purpose of responding to your enquiry or complaint directly by the respective licensee who manufactures the products. Passing on your personal data is necessary for the fulfilment or performance of the contract.

      Licensees will process the data in their capacity as autonomous controllers in accordance with applicable data protection law.

      9. Passing on data to other third parties

      We only pass on your personal data to other third parties if you have expressly consented to this, if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims arising from the contractual relationship. In addition, we pass on your data to third parties, provided this is necessary in the context of the use of the website and performing the contract (also outside the website).

      10. Transfer of personal data abroad

      We are also entitled to transfer your personal data to third-party companies (commissioned service providers) abroad for the purpose of the data processing described in this Privacy Policy. Said service providers undertake to guarantee data protection within the same scope as ourselves. If the data protection level in a particular country does not match Swiss or European standards, we shall ensure by means of a contract that protection of your personal data matches the level stipulated by legislation of Switzerland or the EU at all times.

      11. Is there the same level of protection when data is transferred to the USA?

      In order to be fully transparent, we would like to point out to users with their place of residence or registered office in Switzerland or the EU/EEA that there are monitoring measures in place in the USA by the US authorities which generally enable the storage of all personal data of anyone whose data has been transferred from Switzerland to the USA. This occurs without any distinctions, limitations or exceptions based on the stated objective and without any objective criteria which would make it possible to limit the US authorities’ access to the data and later use thereof to a very specific, strictly limited purpose which would legitimise the intervention associated with accessing said data and the use thereof. We would also like to point out that there are no legal remedies available in the USA to persons from Switzerland affected by this which would allow them to receive access to the relevant data and to have it corrected or deleted; there is also no effective judicial legal protection against general access rights on the part of the US authorities. We explicitly point out this legal situation and these facts to you, so that you can consequently make an informed decision on whether or not to give your consent for your data to be used in this way.

      We would like to point out to users residing in an EU/EEA Member State or Switzerland that – from the point of view of the EU and Switzerland – the USA does not have an adequate level of data protection, due among other things to the issues dealt with in this paragraph. Insofar as we have explained in this Privacy Policy that data recipients (such as Google or Facebook) have their registered office in the USA, we will ensure that your data held by our partners is given an adequate level of protection through contractual regulations on these companies.

      12. Integration of third-party services and content

      It is possible that third-party content, such as the social plug-ins of Instagram and Facebook, is incorporated into this online service. Both Instagram and Facebook are owned by Facebook Inc., based in Menlo Park, California, USA.

      The integration of such services always requires that the providers of such content (hereinafter referred to as “third-party providers”) can see the IP address of the users. This is because without the IP address, they would not be able to send the content to the browser of the respective user. The IP address is therefore required to display this content. We try to only use such content, whose respective providers use the IP address only for the delivery of the content. However, we have no influence on this if the third-party providers store the IP address for statistical purposes, for example.

      Please check the privacy policies of the respective third-party providers in order to inform yourself about their processing of personal data and, if necessary, to make the necessary adjustments or not to use the service.

      Do you need to know anything else?

      13. You have a right to information, correction, deletion and processing restrictions and a right to transferability of data

      You have the right to receive information on request about your personal data stored by us. In addition, you have the right to have incorrect data corrected and the right to have your personal data deleted, unless this is in direct conflict with any legal retention obligation or where the law specifically allows us to process the data.

      You also have the right to request that we return to you any data which you gave to us (right to data portability). On request, we will also pass the data on to a third party of your choice. You have the right to receive the data in a common file format.

      You can reach us for the above purposes via privacy@moevenpick-group.com. We may at our own discretion request proof of your identity before we process your requests.

      In many countries, you also have the right to file a complaint with the competent data protection authority if you have any concerns about how we process your data.

      These rights depend on the applicable data protection legislation and can therefore be either more limited or more comprehensive.

      14. Is your data safe with us?

      We use appropriate technical and organisational security measures to protect your personal data stored by us from manipulation, partial or complete loss and unauthorised access by third parties. Our security measures are continually improved to keep pace with technological developments.

      You should always treat your login credentials confidentially and close the browser window when you have completed the transaction with us, especially if you share the computer, tablet or smartphone with others. We also take internal data protection very seriously. We have obliged our employees and the service providers contracted by us to maintain secrecy and adhere to data protection legislation.

      15. Can you complain about us?

      You have the right to complain to a data protection supervisory authority at any time.

      16. What law do we apply? And where is the law applied?

      This Privacy Policy and the contracts concluded based on or in connection with this Privacy Policy are subject to Swiss law, unless the law of another country is prescribed by law. The place of jurisdiction is at the registered office of Mövenpick Holding AG, unless another place of jurisdiction is prescribed by law. The German version of this Privacy Policy is authoritative.

      17. Can this Privacy Policy be amended?

      If individual parts of this Privacy Policy are ineffective, this shall not affect the validity of the Privacy Policy as a whole. The ineffective part of the Privacy Policy must be replaced in such a way that it comes as close as possible to the intended economic purpose of this Privacy Policy.

      Due to the further development of our website and offers, or due to amended legal or official regulations, it may become necessary to amend this Privacy Policy. The current Privacy Policy, as amended, is published on our website.

      18. Have you any questions about data protection? Please contact us!

      This page was last amended on 2nd of March 2023. If you have any questions or comments about our legal disclaimer or data protection, please e-mail us on privacy@moevenpick-group.com.