Privacy Policy

Your trust is important to us, which is why we take the issue of data protection seriously and ensure the appropriate level of security. We of course abide by the statutory provisions of the Federal Act on Data Protection (FADP), the Ordinance to the Federal Act on Data Protection (OFADP), the Telecommunications Act (TCA) and, if applicable, other data protection provisions, in particular the General Data Protection Regulation of the European Union (GDPR).
Please take note of the information below so that you know which data we collect from you and for what purposes it is used.

1. Scope and purpose of the collection, processing and use of personal data

a. when you visit www.emelysfinefood.com

When you visit our website, our servers make a temporary record of each access and store it in a log file. The following data is collected and stored, without any action on your part:

  • The IP address of the accessing computer
  • The time and date of access
  • The name and URL of the file called up
  • The website from which access is made
  • The operating system of your computer and the browser used
  • The country from which access is made and the language settings of your browser
  • The name of your Internet access provider
  • Access status in the form of a code that indicates whether and how the data exchange between client and server took place (such as 200 = page successfully transferred; 404 = not found; 401 = not authorised, etc.)
  • The number of bytes transferred
  • Locale from which the site was accessed
  • URL of the page containing the link to the requested page.

The said data is collected and processed for the purpose of allowing you to use our website (establishing a connection), ensuring system security and stability in the long term and allowing our Internet offering to be optimised, as well as for internal statistical purposes. This is our legitimate interest in the processing of data within the meaning of Art. 6 para. 1 lit. f GDPR. The IP address in particular is used in order to determine the country of residence of the visitor to the website. The IP address is also analysed in the event of attacks on the network infrastructure as well as for statistical purposes.

This data recorded in our web server’s log file do not allow us to identify you as by name or address. Our website visitors remain anonymous as they click through our site.

The only exception is if you leave us your email address, home address or telephone number via our contact form or subscription pages. Then we can identify you, of course. We would in this case have the technical ability to trace your personal navigation through our website by the contact details sent by you. For such tracing, though, we have neither time nor interest.

b. when you use our contact form

You have the option of using a contact form to get in touch with us. Doing so requires that you enter the following personal data:

  • First name and surname
  • E-mail address

We only use this data in order to answer your queries in an optimum manner and in a way that is tailored to you. The processing of your contact request constitutes our legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. You can object to this data processing at any time (for contact details, see our Impressum).

c. when you register for our newsletter

You have the option of subscribing to our newsletter through our website. Registration is required in order to do so. As part of the registration, the following data must be provided:

  • First name and surname
  • E-mail address
  • Interests

We process this data in order to personalise the information and offers sent to you and to better align ourselves to your interests.

By registering, you give your agreement to the data provided being processed for regular dispatch of the newsletter to the address you provided, for the statistical analysis of user behaviour and optimisation of the newsletter. Your consent constitutes our legal basis for the processing of your e-mail address in the sense of art. 6 para. 1 lit. a GDPR. We are entitled to commission third parties with the technical processing of advertising measures and to pass your data on for this purpose (see under Section 3).
At the end of each newsletter is a link which you can use to unsubscribe from the newsletter at any time. When unsubscribing you have the option to let us know the reason you are doing so. Once you have unsubscribed, your personal data will be deleted. Further processing shall take place only in anonymised form for the purpose of optimising our newsletter.

We expressly point to the data analysis during the newsletter distribution (see Section 9).

3. Transfer of data to third parties

We pass your personal data on only if you have expressly consented to this, if there is a legal obligation to do so or if this is required in order to enforce our rights, in particular in order to enforce claims resulting from the relationship between you and Émely’s Fine Food.

We also pass your data on to third parties where this is required in conjunction with use of the website in order to provide you with the services requested or to analyse your user behaviour. If this is required for the purposes specified in the preceding sentence, your data may also be passed on to third parties abroad. If the website contains links to websites of third parties, Émely’s Fine Food will no longer have any influence on the collection, processing, storage or use of personal data by third parties once you click on such links and assumes no responsibility in this regard.

4. Transfer of personal data abroad

Émely’s Fine Food is entitled to also pass your personal data on to third-party companies (commissioned service providers) abroad, where this is required for the data processing described in this privacy policy. The said third-party companies are obliged to protect your data to the same extent as we are. If the level of data protection in a country does not correspond to the level of data protection in Switzerland or the European Union, we ensure by contractual means that the protection of your personal data corresponds to that in Switzerland or the European Union at all times.

5. Data security

We take appropriate technical and organisational security measures to protect any of your personal data that we have stored from manipulation, partial or complete loss and unauthorised access by third parties. Our security measures are constantly being improved in line with technological developments.

You should always treat your payment information as confidential and close the browser window once you have ended your communication with us, particularly if you are on a shared computer.

We also take data privacy within our organisation very seriously. Our employees and the service providers commissioned by us are obliged to maintain confidentiality and comply with our data protection provisions.

6. Cookies

Cookies help in many ways to make your visit to our website simpler, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on your computer’s hard drive when you visit our website. Cookies neither damage your computer’s hard drive nor do they transfer the user’s personal data to us. We use cookies, for example, in order to personalise the information, offers and advertisements that you see and to better align ourselves to your individual interests. Their use does not mean that we receive new personal data about you as an online visitor. Most Internet browsers accept cookies automatically. It is possible, however, to configure your browser so that no cookies are stored on your computer or so that a message will always appear when you receive a new cookie.

Disabling cookies may prevent you from being able to use all of the features on our website.

7. Tracking tools

On our website we use various tracking tools. These tracking tools are used to monitor your surfing behaviour on our website. This is for the purposes of needs-based design and continuous optimisation of our website. In connection with this, pseudonymised usage profiles are created and small text files that are saved on your computer (“cookies”) are used.

8. Social media plugins

The social plugins described below are used on our website. If these plugins are enabled, your browser establishes a direct connection with the servers for the relevant social networks as soon as you call up one of our websites. The content of the plugins is transferred from the social network to your browser directly and integrated by your browser into the website. The plugins can of course be disabled again with just a click of the mouse.

a. Social plugins from Facebook

Social plugins from Facebook are used on our website to make our online presence more personal. We use the “LIKE” or “SHARE” buttons for this purpose. This is an offering from US company Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA).
By integrating the plugin, Facebook receives the information that your browser has called up the corresponding website, even if you do not own a Facebook account or are not logged in to Facebook. This information (including your IP address) is transferred by your browser to one of Facebook’s servers in the United States and stored there. If you are logged in to Facebook, Facebook may assign the visit to our website to your Facebook account directly. If you interact with the plugins, for example the “LIKE” or “SHARE” button, the corresponding information is likewise transferred to one of Facebook’s servers directly and stored there. The information is published on Facebook and shown to your Facebook friends.
Facebook may use this information for the purposes of advertising, market research and needs-based design for Facebook pages. For this reason, usage, interests and relationship profiles are created by Facebook, e.g. in order to analyse your use of our website with respect to the advertisements placed on Facebook, to inform other Facebook users about your activity on our website and to provide other services associated with your use of Facebook.
If you do not want Facebook to assign the data collected about your online presence to your Facebook account, you must log out of Facebook before visiting our website. The purpose and scope of data collection and further processing and use of the said data by Facebook as well as your rights in this respect and settings options in order to protect your privacy can be found in Facebook’s privacy policy

b. Social plugins from Twitter

Plugins from the short messaging network Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA are integrated into our website. The Twitter plugin (tweet button) is recognisable by the Twitter logo on our website. An overview of the tweet button can be found here. If you activate the social plugins, a direct connection is established between your browser and the Twitter server. Through this connection, Twitter receives the information that you have visited our website with your IP address. If you click on the Twitter tweet button while you are logged in to your Twitter account, you may link the content of our websites to your Twitter profile. Twitter can attribute the visit to our websites to your user account as a result. We would like to point out that, as the provider of these websites, we are not made aware of the content of the transferred data or its use by Twitter. Further information about this can be found in Twitter’s privacy policy. If you do not want Twitter to be able to identify your visit to our websites, please log out of your Twitter account.

9. Analysis of newsletter use

To send our newsletter, we use e-mail marketing services of Mailchimp. You can read their privacy policy here. (https://mailchimp.com/legal/privacy/?_ga=2.63589354.478529034.1539720396-2091744373.1521127478) Our newsletter may therefore contain a web beacon (tracking pixel) or similar technical tools. A web beacon is an invisible graphic image, 1x1 pixel in size, that is associated with the user ID for the relevant newsletter subscriber.

The use of these services allows us to analyse whether or not the e-mails containing our newsletter have been opened. In addition, the click behaviour of recipients of our newsletter can also be collected and analysed. We use this data for statistical purposes and in order to optimise the newsletter with regard to content and structure. This allows us to better align the information and offers in our newsletter to the individual interests of the recipient in question. The tracking pixel is deleted if you delete the newsletter.

If you wish to prevent tracking pixels from being included in our newsletter, please set your e-mail software such that HTML is not displayed in messages.

10. Note about data transfer to the US

For the sake of completeness, we would like to point out to users residing or based in Switzerland that in the US there are monitoring measures taken by the US authorities that generally allow the storage of all personal data relating to all persons whose data has been transferred from Switzerland to the US. This happens without differentiation, limitation or exception on the basis of the aim pursued and without an objective criterion that makes it possible to limit access to the data by US authorities and its later use to very specific, strictly limited purposes that may justify the intervention associated with both access to this data and use thereof. We would also like to point out that there are no judicial remedies in place in the US for affected persons from Switzerland that would make it possible to receive access to the data relating to them and to have this corrected or deleted, as well as no effective legal protection against general access rights by US authorities. We refer the persons affected explicitly to this legal and factual situation so that they can make an appropriately informed decision on whether or not to consent to their data being used.

For users residing in EU Member States, please note that, from the point of view of the European Union, the US does not have sufficient data protection levels due, inter alia, to the issues mentioned in this section.

11. Right to information, correction, erasure and restriction of processing; Right to data portability

You have the right to receive information about the personal data that we store about you free of charge upon request. In addition, you have the right to correct inaccurate data and the right to delete your personal data, as far as there is no statutory storage obligation or another legal basis for the processing in the sense of art. 6 GDPR that allows us to continue processing the data. You also have the right to reclaim from us the data you have given us (right to data portability). On request, we 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 aforementioned purposes via the e-mail address info@emelysfinefood.com. We may, at our sole discretion, require proof of identity to process your requests.

12. Data storage

We only store personal information for as long as it is necessary

  • To use the above tracking advertising and analysis services within the scope of our legitimate interest
  • To carry out services that you requested or to which you have given your consent (for example our newsletter) to the extent specified above.
  • To comply with legal obligations

Contract data is kept longer by us, as this is required by statutory storage requirements. Retention requirements that oblige us to keep data arise from accounting and tax regulations. According to these regulations, business communications, closed contracts and accounting documents must be kept for up to 10 years. As far as we no longer need this data to carry out the services for you, the data will be blocked. This means that the data may then only be used for accounting and for tax purposes.

13. Right to complain to a data protection supervisory authority

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

14. Netiquette

We love a lively interaction with our fans and customers. To that end we prefer to maintain an open and constructive atmosphere. We are open to your opinions and various contributions on our website and social media. It goes without saying that these interactions and exchanges are friendly and above all respectfull. We will not accept any infringing, offensive or unlawful statements and discussions on our website or in our timeline. If user, our company or any third parties are defamed, we reserve the right to delete these posts without comment.

In particular, this includes comments containing the following:

  • Offensive language or images relating to gender, race, sexual orientation, religion or culture
  • Aggressive tendencies towards people or companies
  • Content which is not related to our business or other spam
  • Self-promotion or advertising of other brands, including user names that are company names. If you have an interest in advertising with us, please contact us per email or phone.
  • Violation of copyrights

Lastly, we want to remind you that public posts, comments and reply always are personal statements and opinions, not reflecting the views of Émely’s Fine Food.

15. Copyright and trademark rights

The entire content of the ÉmelysFineFood.com website is owned by Émely’s Fine Food or third parties. The elements contained on the Émely’sFienFood.com website are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of ÉmelysFineFood.com. Reproduction, transfer, amendment, linking or use of the ÉmelysFineFood.com website for public or commercial purposes is prohibited without the prior written consent of Émely’s Fine Food.

No part of the ÉmelysFineFood.com website is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the ÉmelysFineFood.com website or parts thereof, confers no rights whatsoever in respect of the software or elements of the ÉmelysFineFood.com website. Émely’s Fine Food reserves all rights in respect of all elements of the ÉmelysFineFood.com website with the exception of rights belonging to third parties.

16. No warranty

Although Émely’s Fine Food has taken all possible care to safeguard the reliability of the information contained on the ÉmelysFineFood.com website at the time of its publication, neither Émely’s Fine Food nor its contracting partners can give any explicit or implicit assurance or warranty (including to third parties) in respect of the accuracy, reliability or completeness of the information on ÉmelysFineFood.com. Opinions and other information contained on the ÉmelysFineFood.com website may be changed at any time without prior notice.

Émely’s Fine Food accepts no responsibility and gives no guarantee to the effect that the functions on ÉmelysFineFood.com website will not be interrupted or that the ÉmelysFineFood.com website or the relevant server is or are free from viruses or other harmful contents.

17. Limitation of liability

All liability of Émely’s Fine Food (including liability for negligence) for direct, indirect or secondary damage suffered as a result of access to the elements of the Émely’sFineFood.com website or to use of that site or as a consequence of impossibility of access to or use thereof or links to other websites, is hereby declined.

18. Links to other websites

The ÉmelysFineFood.com website contains links to websites operated by third parties which might be of interest to you. When activating these links, you might leave the ÉmelysFineFood.com website or summaries of third-party websites may be displayed within the context of the Émely’sFineFood.com website. Émely’s Fine Food has not carried out any checks whatsoever on the websites of third parties accessible via links on the Émely’sFineFood.com website and is in no way responsible for their content or effective operation. This applies regardless of whether when activating the link, you leave the ÉmelysFineFood.com website or the display appears within the context of the ÉmelysFineFood.com website, as well as if in the latter case the information provider of an external website is not immediately obvious. Establishing the link or consulting websites operated by third parties is at the sole risk and peril of the user.

This page was last amended on 26 September 2018. If you have any questions or remarks about our legal indications or data protection, please contact us at info@emelysfinefood.com

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