BeverFood / BeverCare – Privacy Policy

the

BeverFood AG
Chaltenbodenstrasse 6C
8834 Schindellegi
Switzerland
E-Mail: hello@bevercare.ch
Phone: +41 (0)44 520 52 75

Status: 01.01.2023
Version: 1.01

VThe responsible party (see definition below) for the processing of personal data in accordance with this data protection declaration is BeverFood AG, Chaltenbodenstrasse 6C, 8834 Schindellegi, Switzerland (BeverCare). The contact person at BeverCare responsible for data protection can be reached at the above postal address or e-mail address with the note “Data Protection” or by telephone at the above telephone number.

1. DEFINITIONS

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller (processer).

Personal data is information relating to an identified or identifiable (i.e. identified or identifiable) natural person, such as name, address, telephone number, e-mail address, date of birth, etc. (personal data).

A controller is a natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data (controller or responsible).

Any handling of personal data, regardless of the means and procedures used, in particular the collection, acquisition, storage, use, processing, disclosure, archiving or deletion of data, shall be deemed to be processing (processing oder processer).

The website refers to the online platform or the website or the webshop www.bevercare.ch, https://bevercare.pro or corresponding subpages (website).

2. PURPOSE OF THE PROCESSING

BeverCare processes the following personal data for the following purposes:

2.1 Optimisation and personalisation of our website and our offer

• Type of personal data
  IP address; see in particular paragraph 7.5 regarding Google Analytics
• Purpose of use
  Optimisation and personalisation of our website and our offer as described in more detail in paragraph 7 below.

2.2 Marketing

• Type of personal data
  First name; Last name; Gender; Address; Telephone number (mobile); E-mail address
• Purpose of use
  Marketing or direct marketing purposes to inform you about publications, events, news, services, products and/or offers of BeverCare or third parties that may be of interest; see also paragraph 8.

2.3 Fulfilment of contracts and communication with clients

• Type of personal data
  First name; last name; gender; address; telephone number (mobile and landline); e-mail address; date of birth; any other data provided to BeverCare in the course of fulfilling the contract.
• Purpose of use
  Processing of the respective contractual relationship or the pre-contractual relationship concerning the sale and delivery of products and, in particular, the delivery of the corresponding order and delivery notifications to the clientele by e-mail.

2.4 Fulfilment of contracts with business partners

• Type of personal data
  First name; surname; gender; address; telephone number (mobile and landline); e-mail address; account numbers; any other data whose processing is required in the context of the handling of a contractual relationship with BeverCare or which is provided or made accessible to BeverCare by business partners; any other relevant data provided to BeverCare in the course of the contractual relationship or the pre-contractual relationship.
• Purpose of use
  Planning, implementation and administration of the (contractual or pre-contractual) business relationship between BeverCare and the business partner.

2.5 Employment relationships

• Type of personal data
  First name; surname; gender; address; telephone number (mobile and landline); e-mail address; national insurance number; information from the curriculum vitae; qualifications; salary account number; criminal and debt enforcement records; any other relevant data provided to BeverCare in the course of the employment relationship, the application process or the pre-contractual relationship.
• Purpose of use
  Carrying out the application process; carrying out the pre-contractual relationship (e.g. negotiating an employment contract); carrying out the employment relationship; fulfilling the employer ‘s obligations (e.g. paying wages); fulfilling legal obligations (e.g. settling accounts with social security authorities, issuing an employer ‘s reference).

3. PROFILING

BeverCare may process and link Personal Data in order to try to learn more about you and in particular to assess (if necessary by automated means) certain key personal aspects (such as, for example, occupation, economic circumstances, personal interests, place of residence, family situation, behavioural patterns) so that BeverCare can, if necessary, better predict, for example, which products and services you might be interested in in order to provide you with individualised offers and suggestions.

4. STORAGE

BeverCare stores personal data as follows:

Unless an explicit storage period is specified at the time of collection, the personal data will be deleted as soon as it is no longer required to fulfil the purpose of the collection (see paragraph 2 above), unless legal storage obligations (e.g. storage obligations under commercial and tax law) prevent deletion.

5. CONSENT, LEGAL BASIS, REVOCATION AND DATA PROTECTION RIGHTS

Where required under applicable data protection law, we will ask you to consent to the processing of your personal data, which will then form the legal basis for the processing. However, you hereby acknowledge that the legal basis for the processing – depending on the circumstances and the applicable data protection law – may also be the performance of the contract, the implementation of contractual or pre-contractual measures or the safeguarding of legitimate interests, provided that the applicable data protection law provisions require such a legal basis at all. You may revoke any consent at any time without, however, affecting the lawfulness of the processing that has taken place on the basis of the consent given up to the revocation. In addition, depending on the circumstances and the applicable data protection law, you have the following rights in particular

• the right to disclosure of or access to the personal data concerned;
• the right to rectification, erasure or restriction of the processing of personal data;
• the right to object to the processing;
• the right to appeal to a competent supervisory authority; and
• the right to data transmission/transferability (i.e. surrender of personal data in a common electronic format).

The above rights do not affect personal data processed for you as part of an ongoing contractual relationship or service provision, or which we are required or permitted to retain for legal reasons.

Regarding revocation, exercising your other data protection rights and other questions, suggestions and comments on the subject of data protection, please contact the person responsible for data protection at the contact details given at the beginning.

6. DATA TRANSMISSION

BeverCare will not disclose your personal data to third parties unless

• this is expressly stated otherwise in this privacy policy (see further below in this paragraph 6);
• this is necessary to protect your interests;
• this is necessary to fulfil, establish, administer, perform or maintain your business relationship with BeverCare;
• You have given your consent beforehand.

In addition, BeverCare will appoint processors for hosting, maintenance, administration, storage and other services (such as logistics, returns, customer service/support, product delivery/transport, backup, cloud storage, CRM, other IT services, HR services, (email) marketing services, financial services such as accounting and fiduciary services) which process Personal Data to the extent necessary for the fulfilment of such above or similar purposes.

In this context, some of your personal data may be stored or processed outside Switzerland and the European Union (or the EEA), including in countries which do not have a comparably strict level of data protection (such as the USA in particular). If BeverCare stores or transfers Personal Data outside Switzerland or the European Union (or the EEA), BeverCare will take all reasonable steps required by applicable data protection law to ensure that your Personal Data is nevertheless processed securely and in accordance with this Privacy Policy. In this case, BeverCare will usually ensure appropriate data protection by entering into binding standard data protection clauses, approved in advance by the competent supervisory authority, with the recipient of the Personal Data in such “unsafe” third country.

7. DATA PROCESSING THROUGH USE OF THE WEBSITE

By using the website, you consent to your data being stored and/or processed in accordance with the terms of this privacy policy.

7.1 SSL encryption

This website uses SSL encryption for security reasons and to protect the transmission of confidential content. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

7.2 Server log files

The provider of this website automatically collects and stores information in so-called “server log files”, which your browser automatically transmits to BeverCare. These are in particular:

• Browser type and browser version;
• Operating system used;
• Referrer URL;
• Host name of the accessing computer;
• Time of the server request;
• IP address.

This data is not assigned to specific persons. This data is not merged with other data sources. BeverCare reserves the right to analyse this data retrospectively and, if possible, to allocate it if concrete indications of unlawful use become known.

7.3 Use of cookies

7.3.1 Definition

Cookies are small files that are stored on your computer or mobile device when you use our website.

7.3.2 Mandatory and non-mandatory cookies

Mandatory cookies are data that are sent to the browser on your computer’s hard drive so that we can offer you certain functions.

We use non-mandatory cookies to collect information about visits to the website. In addition, we use non-mandatory cookies to improve the user-friendliness of the website, for example, to adapt our offer to customer wishes and to make your surfing on the website as comfortable as possible. We also use cookies to optimise our advertising. Cookies allow us to present you with advertising that may be of particular interest to you based on your use of our website. Our aim here is to make our Internet offering as attractive as possible for you and to present you with advertising that corresponds to your areas of interest.

7.3.3 Session cookies and permanent cookies

So-called “session cookies” are automatically deleted at the end of your visit.

In addition, we also use permanent cookies. These remain stored on your computer or mobile device after the end of the browser session until you delete them. When you visit our website again, it will then automatically recognise which inputs and settings you prefer. Depending on the type of cookie, these cookies remain stored on your computer or mobile device for between one month and ten years and are automatically deactivated after the programmed time has expired. They are used to make our website more user-friendly, effective and secure. Thanks to these cookies, you will, for example, be shown information on the site that is specifically tailored to your interests.

7.3.4 Web analysis tools

In order to constantly improve and optimise the internet offer, this website uses in particular Google Analytics, a web analysis service of Google LLC (USA) and/or Google Ireland Limited (Ireland) (together Google).

These web analysis or web optimisation services provide BeverCare with data, evaluations, statistics and graphics that provide information about the use of this website. The data on the use of this website is transferred to the server used for this purpose in the USA and/or Ireland and/or the Czech Republic.

No personal data is stored in the cookies used by these services apart from IP addresses (which are only transmitted to these services in full form in exceptional cases).

7.3.5 Activation, deactivation and deletion of cookies

All web browsers offer the possibility of activating, deactivating or deleting the use of cookies by configuring the browser settings or options accordingly. If cookies are completely or partially deactivated or deleted, not all functions of the website may be available.

7.3.6 Cookies and personal data

Apart from IP addresses (which can represent personal data), no personal data is stored in the cookies we use. The cookies we use are not assigned to a specific person. When a cookie is activated, it is assigned an identification number.

7.4 Script libraries

In order to deliver content correctly, we use script libraries and font libraries (e.g. Google Webfonts) on our website. Calling up a script or font library results in a connection being triggered to the provider of the library. It is possible that the operator of the library collects data from this connection.

7.5 Google Maps

We use an interface to geo-specific data from Google to visualise location-based information. Google records and uses data about the use of the map function. Information about the use of data by Google can be found in Google’s privacy policy.

7.6 Links to other websites and social plugins

The website contains links to other websites. BeverCare has no influence on whether their operators comply with the applicable data protection provisions. BeverCare excludes any responsibility or liability for the websites of third parties accessible via the links.

Social plugins from various social network providers may be used on this website. By means of these plugins, information, which may also include personal data, can be used by the corresponding social networks. If the data subject is logged into a social network at the same time as visiting our website, it can be assumed that personal data will be transmitted. We have no influence over which data is used. No personal data is recorded by social plugins from our side. The privacy policies of the respective social networks provide information on the collection, processing and use of personal data.

8. NEWSLETTER

It is possible that you can register for our company’s newsletter by means of a form or by e-mail. For the newsletter dispatch, we will use software designed for this purpose, which ensures compliant data protection.

You have the option to unsubscribe from newsletters at any time. There is a corresponding unsubscribe link in every newsletter. If this link is missing, please contact the data protection officer of our website (see the very beginning of this privacy policy). Our newsletter may contain a tracking pixel. A tracking pixel is a miniature graphic that is embedded in such emails to enable log file recording and log file analysis. This allows statistical analysis of the success or failure of online marketing campaigns. The analysis can be anonymised or with inference to personal data.

9. SAFETY AND LIABILITY

BeverCare protects personal data against loss, misuse, unauthorised access, disclosure, alteration or destruction by taking appropriate measures. To this end, BeverCare uses appropriate technical and organisational security measures that are continuously improved in line with technological developments. However, BeverCare cannot guarantee the absolute security of the Data. To the fullest extent permitted by law, BeverCare hereby expressly disclaims any liability for any loss or damage which you may suffer or incur directly, indirectly, consequentially or otherwise, in connection with any breach of this Privacy Policy, the processing of data by BeverCare, your use of the Website or any information on the Website. This exclusion of liability exempts BeverCare as well as its partners, directors, officers, employees and agents.

10. CONSENT OF THIRD PARTIES

If you are acting as an agent or otherwise acting in the name or on behalf of a third party or providing information to BeverCare through a third party, you hereby represent that you are an authorised representative or agent of such third party and/or that you have obtained all necessary consents (as required by applicable law) from such third parties for the collection, processing, use and disclosure of their Personal Data to us or by us and/or that you meet all other requirements under applicable law for us to process the relevant Personal Data of such third parties as agreed.

11. FINAL PROVISIONS

BeverCare reserves the right to change the content of this privacy statement at any time and without notice. It is therefore recommended that you consult this privacy statement regularly.

Should one or more provisions or parts of this data protection declaration be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event that a provision is invalid or void, it shall be replaced by a valid provision that comes as close as possible to the purpose of the invalid or void provision violated by this privacy policy.

Subject to any mandatory applicable data protection laws, this Privacy Policy is governed by substantive Swiss law, excluding its conflict of law rules. The exclusive place of jurisdiction is the city of Zurich, Switzerland (Zurich 1).

*****