PRIVACY POLICY & OBJECTION NOTICE
Here we would like to describe whether and how we process your personal data. "We", also as responsible persons in the sense of the data protection basic regulation ("GDPR"), are
NFC Farmland AG (kurz „NFC Farmland“)
Alte Steinhauser Strasse 19
6330 Cham
Switzerland
VAT Registration no: CHE-430.549.072
EHRA-ID: 1361916
E-Mail: fr@nfc.com
Phone: 0041799230181
Status: 02.05.2019
1. General information on data processing and legal bases
1.1. This Privacy Policy describes the nature, scope and purpose of the processing of personal data within the services offered by us and the websites, functions and content associated with them (hereinafter collectively referred to as "Website"). This declaration applies regardless of the domains, systems, platforms and devices used (e.g. desktop or mobile or offline).
1.2. The definitions of the terms used here, such as "personal data" or their "processing" can be found in Art. 4 GDPR.
1.3. We process personal data only in compliance with the statutory provisions (in particular Art. 6 par. 1 GDPR with regard to all EU citizens as well as the Swiss Data Protection Act for all Swiss citizens). Accordingly, data will only be processed if legally permitted; in particular, if data processing is necessary for the performance of our contractual services (e.g. processing of orders) and our online services, or if it is legally required or if you as a user have given your consent, or if we have a predominant legitimate interest (e.g. interest in analyzing and optimizing our online services; assessment of your creditworthiness).
1.4. Subsequently, references to provisions of the GDPR apply primarily to EU citizens. The corresponding regulations of the Swiss Data Protection Act are relevant for data processing of persons residing in Switzerland
2. Categories of data processed and legal bases of processing
2.1. The personal data voluntarily provided by you when registering for our newsletter (in particular e-mail address) will be processed by us exclusively with your (revocable) consent pursuant to Art 6 para 1 lit a GDPR. Within the framework of an existing business relationship, we process the e-mail address provided for the dispatch of the newsletter, including the contact person, also on the basis of our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR.
2.2. 2.2 We process the following of your personal data within the scope of our offer for the execution of the contract (Art. 6 para. 1 lit b GDPR) or on the basis of our overriding legitimate interest (Art. 6 para. 1 lit f GDPR):
• inventory and contact data (e.g. names and addresses of contact persons of customers or of the customers themselves, telephone number, e-mail address)
• Contract data (e.g. ordered products and samples, complaints, payment information)
• Usage data (e.g. the visited websites of our online offer, interest in our goods and services)
• Content data (e.g. entries in the contact form)
• Meta/communication data (e.g. IP address, device information)
3. Purposes of data processing
3.1. The personal data referred to in point 2 shall be processed for the following purposes:
• for the execution of the order made by you and the associated service provision;
• to provide you with our website and its functions (e.g. user profile including storage of previous orders), to further improve it and to make it more user-friendly for you;
• in order to compile usage statistics;
• to provide you with individualized information about our offers and services according to your previous orders and interests;
• in order to continuously improve our offer and adapt it to the needs of our (potential) customers;
• to respond to your requests.
3.2. Your personal data used in each case originate from the information you provide yourself during the ordering process or are collected automatically when you visit the website (e.g. IP address).
4. Transfer of data to third parties and third-party providers
4.1. Data shall only be passed on within the framework of the legal requirements of Swiss and European law. Accordingly, we only pass on data if this is necessary, for example, on the basis of Art. 6 para. 1 lit. b GDPR for the execution of the contract or on the basis of a predominant legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in an economic and effective operation.
4.2. In order to fulfil the purposes defined above, we partly use service providers and transmit some of your personal data to them. These service providers support us in fulfilling the purposes described above. The service providers are exclusively located in countries with an adequate level of data protection in accordance with the European Commission's adequacy decision (Art 45 GDPR) (e.g. EU, EEA, Switzerland or companies certified within the framework of the EU-US Privacy Shield Framework). In addition, we have appropriate contractual agreements with our service providers to ensure an adequate level of data protection (e.g. processing agreements or the conclusion of so-called "standard contractual clauses").
4.3. For the purposes set out above, we will transfer your personal data to the following recipients or categories of recipients:
• IT service provider;
• Subcontractors;
• Payment Service Providers;
• Credit rating companies;
• Newsletter service providers;
• Banks for payment processing;
5. External payment service providers
5.1. In the case of orders with costs, we use external payment service providers to handle the payment process. This is done on the legal basis of Art. 6 para. 1 lit b GDPR (performance of contract) as well as on the basis of our legitimate interest pursuant to Art. 6 para. 1 lit f GDPR in order to enable an effective and secure payment option.
5.2. We and our customers can carry out payment transactions via the platforms. Here are a few examples and a link to the relevant privacy statement:
• Paypal: www.paypal.com/at/webapps/mpp/ua/privacy-full
• Visa: www.visaeurope.at/datenschutz
• Mastercard: www.mastercard.at/de-at/datenschutz.html
5.3. Payment service providers process various data in order to enable payment processing. This includes inventory data, e.g. name and address, and bank data, e.g. account and credit card number, passwords, TANs, checksums. Payment processing is not possible without processing this data. However, this data is only processed by the payment service provider. We do not receive any account- or credit card-related information, but only positive or negative confirmations regarding the payment. Please note the respective terms and conditions and data protection information of the provider used on their website. If you require further information in this regard or wish to assert your rights (information, revocation, etc.), please contact the respective payment service provider directly.
6. Google Analytics
6.1. We use Google Analytics, a web analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountin View, CA 94043, USA ("Google"), on our website. Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. We use this analysis tool because of our overriding legitimate interest in having easy to use website access statistics in a cost-efficient manner in accordance with Art. 6 Para. 1 lit f GDPR.
6.2. Google is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law.
6.3. On our website we use the IP anonymization option offered by Google Analytics. The IP address is shortened by Google within member states of the European Union or in other contracting states of the EEA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
6.4. Google will use this information on our behalf to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics is not combined with other data by Google.
6.5. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. In addition, you can prevent Google from collecting the data generated by the cookie and related to your use of the online service and Google from processing this data by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
6.6. We have accepted Google's "Supplement to Data Processing". More information about this can be found at https://support.google.com/analytics/answer/3379636?hl=en&utm_id=ad.
6.7. Further information on the use of data by Google as well as on the setting and objection options can be found on the websites of Google: https://policies.google.com/technologies/partner-sites?hl=en-GB ("Use of data by Google for your use of websites or apps of our partners"), http://www.google.com/policies/technologies/ads ("Use of data for advertising purposes"), http://www.google.de/settings/ads ("Manage information that Google uses to show you advertising").
7. Google (Re)Marketing Services
7.1. We use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google") for marketing and remarketing ("Google Marketing Services"). We do this on the basis of our legitimate interest (Art 6 para 1 lit f GDPR), namely on the basis of our interest in the optimization, analysis and economic operation of our online offering.
7.2. Google is certified under the Privacy Shield Agreement and thereby offers a reasonable guarantee of compliance with European data protection law.
7.3. By using Google Marketing Services, we are able to display advertisements for and on our Website in a more targeted manner. We only want to present ads that are of particular interest to you or might be of particular interest to you. If, for example, you are shown advertisements/ads for products in which you are interested on other websites, this is usually referred to as "remarketing".
7.4. For these purposes, when you visit our and other websites on which Google Marketing Services are activated, Google executes a code directly from Google and then incorporates so-called (re-)marketing tags into the website. These (re-)marketing tags are invisible codes or graphics and are also known as "web beacons". These usually set an individual cookie, i.e. a small file, on the user's device.
7.5. The cookies can be set by various domains (e.g. google.com, googleadservices.com, googlesyndication.com, admeld.com, doubleclick.net, invitemedia.com). the cookie records which websites you visit, what content you are interested in and what offers you have clicked on. Technical information on the browser and operating system, referring websites, visit times and other details on the use of the online service are also noted.
7.6. Your IP address is also recorded. With regard to the use of Google Analytics, the IP address within the EU or the EEA is shortened and only in exceptional cases is it transmitted unchosen to a Google server in the USA and only then shortened there. Your IP address will not be linked to your data within other Google offers. Google may also combine the information previously presented with such information from other sources. If you then call up other websites, ads adapted to your interests can be uploaded.
7.7. Google Marketing Services processes user data under a pseudonym. Google does not store and process your name or e-mail address, for example, but processes the relevant data relating to cookies within the framework of pseudonymous user profiles. This means that, from Google's point of view, the advertisements/ads are not administered and displayed for a specifically identified person, but only for the cookie holder, so to speak. Who this owner is is irrelevant. This does not apply if you have expressly permitted Google to process your data without this pseudonymisation. When you use Google Marketing Services, the information collected about you is transmitted to Google and stored on Google's servers in the United States.
7.8. We also use another Google marketing service, "Google AdWords", an online advertising program provided by Google. Each AdWords customer is assigned a different "conversion cookie". As a result, cookies cannot be tracked through AdWords customer websites. The information collected from cookies can be used to generate conversion statistics for AdWords customers, i.e. for those customers who have opted for conversion tracking. As an AdWords customer, we know the total number of users who clicked on our ad and were directed to a page with a conversion tracking tag. However, we do not receive any information that could be used to identify individual users.
7.9. More information about Google's use of data for marketing purposes can be found at: https://www.google.com/policies/technologies/ads. Google's privacy policy can be found at https://www.google.com/policies/privacy.
7.10. To opt-out of interest-based advertising by Google Marketing Services, please use Google's opt-out and opt-out options: http://www.google.com/ads/preferences.
8. Cookies, range measurement & right of objection for direct advertising
8.1. We use so-called cookies on our website. A cookie is a small file or other type of information storage that can be stored on your computer when you visit a website. Cookies are generally used to provide users with additional functionality on a website (e.g. to facilitate navigation; to locate pages you have previously viewed; to store preferences for repeat visits). Cookies cannot access, read or modify any other data on your computer.
8.2. Most of the cookies on our website are so-called session cookies, which are only stored for the duration of the current visit to the website (e.g. to enable proper use of the online shop or shopping basket at all). They are automatically deleted when you leave our website. Permanent cookies remain on your computer until you manually delete them in your browser. We use such persistent cookies to recognize you the next time you visit our website. Permanent cookies are also used to store any login status.
8.3. If you do not wish cookies to be stored on your computer, please deactivate the corresponding option in the browser's system settings. You can also block or delete cookies that have already been saved in your browser. Especially with regard to tracking, you can find out at www.youronlinechoices.com how you can set a general objection against the use of cookies for online marketing purposes. Should you make use of this, however, restrictions on the use of the website are conceivable.
8.4. Here you will find more information on how to manage cookies in your browser:
• Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac
• Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
• Google Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
• Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox
9. Google Maps
9.1. We use Google Maps from Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA on our website under "Contact".
9.2. By using the functions of this map, data is transferred to Google. For more information about what information Google collects and how Google uses it, please visit https://www.google.com/intl/de/policies/privacy/.
10. Facebook Social Plugins
10.1. On the basis of our legitimate interests (in particular interest in the analysis and optimization of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code), we reserve the right to make changes to the information provided without notice. GDPR) we use Social Plugins ("Plugins") of the social network facebook.com. This is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook" for short). The plugins can display interaction elements or content (e.g. text contributions, videos or graphics). They can be recognized by one of the Facebook logos (white "f" on the blue field, the terms "like", "like" or a "thumbs up" sign) or by the addition "Facebook Social Plugin". Here you can see the list and the appearance of the Facebook Social Plugins: https://developers.facebook.com/docs/plugins/.
10.2. Facebook is certified under the Privacy Shield Agreement. Thus it offers a guarantee to maintain the "adequate level of protection" required by European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
10.3. When you access a feature of this website that contains such a plugin, your device establishes a direct connection to Facebook's servers. The content of the plugin is transmitted directly from Facebook to your device and integrated into the online service by this device. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin. We therefore inform you as a user according to our level of knowledge.
10.4. By integrating the plugins, Facebook receives the information that you as a user have accessed the corresponding page of the online offer. If you are logged in to Facebook, Facebook can assign the visit to your Facebook account. If you interact with the plugins, for example by clicking the Like button or making a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If you are not a member of Facebook, there is still the possibility for Facebook to find out and store your IP address. Facebook indicates that only an anonymous IP address is stored in Austria.
10.5. For the purpose and scope of data collection, the further processing and use of the data by Facebook and the related rights and setting options to protect your privacy as a user, please refer to Facebook's data protection information: https://www.facebook.com/about/privacy/.
10.6. If you are a member of Facebook and do not want Facebook to collect data about you via this online service and link it to the member data stored on Facebook, you must log out of Facebook before using our online service and delete your cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
11. Newsletter
11.1. You may subscribe to our newsletter via our website. For this purpose, we require your e-mail address and your declaration (revocable at any time) that you agree to receive the newsletter.
11.2. The newsletter contains in particular information about our products, new developments regarding the products offered by us, new product introductions, promotions, competitions and events both of our company and our partner companies or suppliers.
11.3. The final registration is made via a double opt-in: As soon as you have registered for the newsletter, we will send you a confirmation e-mail with a link to confirm your registration (double opt-in). This procedure prevents anyone else from registering with your e-mail address. We store the data of the registration to the newsletter (e.g. registration and confirmation time, IP address) in order to be able to prove the registration process accordingly (Art 6 Paragraph 1 lit f GDPR). Any changes to your data stored by the shipping service provider will also be recorded.
11.4. As an existing customer, you can receive newsletters and other information (direct advertising) from us in accordance with § 107 (3) TKG without registering separately. However, you have the option, for example, of refusing to receive direct mail during the ordering process.
11.5. Cancellation/revocation: You can cancel our newsletter at any time or revoke your consent to receive it. Simply use the "Unsubscribe" button at the end of each newsletter or send us an e-mail (trade@nudecoffees.com). Your e-mail address will then no longer be used for advertising purposes.
11.6. We may store deleted e-mail addresses for 3 years in order to be able to prove the legality of the processing that took place until the revocation (Art. 6 Para. 1 lit. f GDPR). If you expressly confirm your previously given consent, we will gladly delete the e-mail before the end of the three years.
12. Right of objection
12.1. You may object at any time to the future processing of your personal data in accordance with the statutory provisions; in particular, this possibility exists against processing for the purpose of direct advertising (e.g. in the case of newsletters).
13. Duuration of storage / deletion of your data
13.1. The data stored by us shall be deleted as soon as they are no longer required for their intended purpose, you have not requested a longer storage period (e.g. longer storage of an offer) and there are no legal obligations to store to prevent deletion.
13.2. Offers made together with the data provided by you will be stored for up to 12 months, as acceptance of the offer often occurs within such a period. Upon request, a longer storage period is possible. In addition, you have the right to demand the immediate deletion of the relevant data at any time.
13.3. We are legally obliged e.g. according to tax law requirements (e.g. Art. 958f Swiss Code of Obligations) to store accounting documents (e.g. invoices, receipts) for a period of at least 10 years (longer in the case of legal disputes).
14. Online presence in Social Media
14.1. In order to stay in touch with our customers and interested parties and to inform them about our services, promotions and latest trends, we operate online presences within social networks and platforms (e.g. Facebook).
14.2. Our website contains symbols of the networks and platforms we use. If you click on them, you will be taken to our respective social media page. Your data may be processed outside the European Union. This of course entails risks because it could make it more difficult to enforce any rights you may have, irrespective of the fact that some US providers are certified under the Privacy Shield Framework and have thus committed themselves to complying with the data protection standards of the European Union.
14.3. Your data is often processed for market research and advertising purposes, stored in cookies and ultimately created on the basis of your usage behavior, e.g. usage profiles. A use of these profiles in the form of e.g. advertisements tailored to your presumed interests is conceivable. These functions and storage can also take place independently of the device used, especially if you are logged in to the respective platform.
14.4. Your personal data will be processed on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) in providing our customers and interested parties with the best possible information and communicating with users. If the respective providers ask you directly for your consent to data processing, the legal basis for processing is Art. 6 Para. 1 lit. a., Art. 7 GDPR.
14.5. Details on the respective data processing of the individual providers can be found in the links listed below.
Facebook, Pages, Groups (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) on the basis of an agreement on joint processing of personal data: https://www.facebook.com/legal/terms/page_controller_addendum. For the relevant privacy statement, see https://www.facebook.com/about/privacy/, specifically for pages: https://www.facebook.com/legal/terms/information_about_page_insights_data, for an opt-out, see https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, for privacy shield, see https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) - Privacy Statement: https://policies.google.com/privacy, for an opt-out see https://adssettings.google.com/authenticated, for privacy shield see https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) - for privacy statement / opt-out see http://instagram.com/about/legal/privacy/.
14.6. We would like to point out that you can assert any requests for information and claims to your rights as a data subject directly with the respective provider. The latter will usually be able to help you best and fulfil your claims. We have no access to the data stored on the respective platform and are therefore unable to provide any information. However, we are of course available to answer any further questions you may have at any time.
15. Applications
15.1. As part of your application, we only collect, process and store the data that you have made available to us. In particular, this includes all data that you have included in your application documents. In addition, we record the time of your application.
15.2. We collect, process and store your personal data for the assessment and processing of your application and in order to be able to offer you a possibly adequate and suitable position with us. We do this within the framework of a possible (pre-)contractual obligation (Art 6 para 1 lit b GDPR) and because it is necessary to safeguard our legitimate interests (Art 6 para 1 lit f GDPR).
15.3. Your data will be deleted at the latest 6 months after a cancellation on our part or a corresponding notification on your part.
16. Your rights in connection with the processing of personal data
16.1. In accordance with the GDPR, you as the person concerned are entitled to the rights and remedies listed below.
Right to information
You have the right to request information as to whether we process personal data from you and what such data is, as well as further information pursuant to Art. 15 GDPR
Right of rectification
Pursuant to Art. 16 GDPR, you have the right to request the correction of incorrect personal data concerning you or - taking into account the purposes of the data processing - the completion of incomplete personal data.
Right to cancellation ("right to be forgotten") of data
You have the right to delete your data, provided that the requirements of Art 17 GDPR are met.
Right Restriction of processing
Pursuant to Art. 18 GDPR, you have the right to restrict the processing of all personal data collected.
Right to data transferability
You have the right to data transfer, provided that the requirements of Art 20 GDPR are met.
Right of withdrawal
If the processing is based on a data protection consent, you also have the right to revoke the consent at any time; the revocation does not affect the legality of the processing due to the consent up to the revocation.
Right of objection
If we process data to safeguard our legitimate interests pursuant to Art. 6 Para. 1 lit. f GDPR, you may object to this processing for reasons arising from your particular situation. We will then no longer process your personal data. However, this does not apply to processing for which we can prove compelling reasons worthy of protection and which outweigh your interests, rights and freedoms. Processing for the assertion, exercise or defense of legal claims is also excluded.
If we process your personal data for the purpose of direct marketing, you may object to this without stating any reasons.
Assertion of your rights & right of appeal with a supervisory authority
You can assert your rights at any time by notifying us. The protection and processing of your personal data in accordance with the law is important to us. If you have any questions or concerns regarding the processing of your personal data, please contact us (e.g. traffic@nfc.com). Should you nevertheless be of the opinion that the processing of your personal data is unlawful, you can also contact the relevant data protection authority.
17. Amendment of the data protection declaration
17.1. Since, for example, the legal situation or our services including the associated data processing may change, we reserve the right to amend this data protection declaration accordingly. However, this only applies to declarations on data processing. If we require your consent for data processing or if parts of this data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with your consent.
17.2. Please inform yourself regularly about the current content of our data protection declaration, in particular if you place new orders.
NFC Farmland AG
