Privacy

Privacy Notice

 

13.06.2018

 

Please note that this Privacy Notice, which forms an integral part of the Terms and Conditions (Terms), available here [insert link], may be updated from time to time and is valid in the version at the moment of access to our app and/or website (also referred to as the “Platform” in our Terms and Conditions).

1.                     Who we are

The controller of your personal data is Zaboon GmbH, Seestrasse 104, 8002 Zürich, +41 76 344 53 83, info@foodnate.ch. References in this privacy notice (the Notice) to “Zaboon”, “we” or “us” are references to Zaboon GmbH.

2.                     Personal data we process

Personal data we process about you includes:

  • contact details, for example name, address, phone number or email address, and other basic information;
  • information in relation to materials and communications we send to you electronically, for example the use of marketing e-mails;
  • financial information, for example payment-related information;
  • logs showing your visits on our app and/or website;
  • information about how, when, for how long you use our app and/or website;
  • any other information relating to you which you may provide to us.

We collect this information when you interact with us, for example when you communicate with us, sign up to receive information by e-mail, or visit our app and/or website. We also collect or generate personal data, in the course of providing our services, and we may collect personal data from other sources for example to keep your information up to date using publically available sources.

3.                     How we use your personal data

We use your personal data:

  • to communicate with you;
  • to provide and improve our services to you and our customers, including personal data of others provided to us or collected by us on behalf of our clients, for example processing identification and background information as part of our on-boarding, finance, administration and marketing processes;
  • to administer our relationship with you and with our customers;
  • to provide and improve our app and/or website, including monitoring and evaluating its use (see “Use of our app and website and e-mails” below for additional information);
  • to promote our services, including by sending alerts, updates, event invitations etc.;
  • to comply with our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims.

You are generally under no obligation to disclose personal data to us, unless you have a contractual relationship with us which foresees such obligation. Yet, in order to conclude and perform a contract, we must collect and process the personal data which is necessary for such conclusion and for the fulfilment of the contractual and associated obligations as well as for the fulfilment of legal obligations. Moreover, when using an app and/or website, it is necessary to process log data and certain other data. Also in relation to communications between you and us, we must process at least the personal data that you provide to us or that we provide to you.

It is necessary for the proper performance of the services covered by the Foodonate App/Platform that you provide your address. This address will not be shown to other users until a transaction has been validated. However, your general location on a map will be displayed. This allows other users to appreciate whether they are nearby or not. In certain cases, such as remote or scarcely populated areas, this approximate address may already suffice to precisely determine your home location. By providing your address, you understand that your address may be shared once the transaction is validated and you further acknowledge that in some rare cases your addresses may be determinable even prior to any validated transaction.

4.                     Use of our websites and e-mails

When you use our app and/or website, we automatically collect metadata about your browsing session such as your browser, the IP address of your computer, your internet service provider, the site from which you navigated to our website, the duration of your visit to our app and/or website and what type of device you are using (e.g. a computer, a smart phone or a tablet and the respective operating system). We also keep a record of the pages that you view during your visit. This information is used to improve the way in which our app and/or website operates, for statistical and systems administration purposes.

Our website uses Google Analytics, a service provided by Google, Inc. that tracks and reports on the manner in which our websites are used. Google Analytics does this by placing small text files called “cookies” on your computer or other device. Cookies collect information about the number of visitors to the websites, the pages visited and the time spent on the websites. This information is aggregated and not personally identifiable.

You may refuse the use of cookies by selecting the appropriate settings on your browser. Note however that this may affect your experience of our websites. To find out more about cookies, including how to manage, reject and delete cookies, visit www.allaboutcookies.org.

We may use your name and e-mail address(es) to send you alerts, updates, event invitations and other information by e-mail, but will ask for consent first unless we have obtained your contact details from you in the context of our services. If you receive marketing communications from us and no longer wish to do so, you may unsubscribe at any time by following the link included in these e-mails. Note that we use personal data to understand if you read our e-mails or click on links included in them.

We may use social media plugins. They are displayed on our website with the logo of the corresponding social network. Via these Plugins, information including personal data may possibly be sent to those social network providers and used by them. Zaboon prevents the unconscious and involuntary collection and transfer of data by and to the social network providers through the use of a 2-click solution. In order to activate a desired plugin, it first must be activated through a click on the respective button. If you are logged into a social network (with your user credentials) when you visit our website, the respective network will automatically be notified of your visit to our website. The data processing associated with social media plugins is in the responsibility of the respective social media network, is subject to their privacy policies and outside the control of Zaboon.

Zaboon may use embedded YouTube videos in a so-called extended data protection mode. This means: YouTube does not record any cookies for a user displaying a website with an embedded YouTube video player, as long as the user does not click on play in order to start play. If the YouTube video player is clicked on, YouTube may possibly store cookies on your computer. Thereby it is communicated to the YouTube servers what websites that user has accessed. If you are logged in to your YouTube account, YouTube can associate this information with your personal user account. If you want to prevent such data transmission, you must log out before using the plugins. Additional information on how YouTube handles user data can be found in YouTube’s privacy policy at https://www.google.com/intl/en/policies/privacy/.

5.                     On what basis we use your personal information

We process personal data on the following grounds:

  • to perform a contract;
  • for legitimate interests. This includes, for example, the interest in customer care and communication with customers outside of a contract; in marketing activities; in getting to know our customers and other people better; in improving products and services and developing new ones; in combating fraud, and the prevention and investigation of offences; in the protection of customers, employees and other persons and data, secrets and assets of Zaboon; in the guarantee of IT security, especially in connection with the use of websites, apps and other IT infrastructure; in the guarantee and organisation of business operations, including the operation and further development of websites and other systems; in company management and development; in the sale or purchase of companies, parts of companies and other assets; and in the enforcement or defence of legal claims;
  • based on a consent, where such consent was obtained separately; and
  • for compliance with legal and regulatory obligations.

Please see “How we process your personal data” above for additional details.

6.                     Who we share your personal data with

We will share your personal data with trusted third parties including:

  • business management services (e.g. accounting or asset management);
  • IT service providers, e.g. services in the areas of data storage (hosting), cloud services, sending e-mail newsletters, data analysis and refinement etc.;
  • consulting services, e.g. services of tax consultants, lawyers, management consultants.

For the purposes set out in this Policy and where necessary, we may share personal data with courts, regulatory authorities, government agencies and law enforcement agencies. While it is unlikely, we may be required to disclose your information to comply with legal or regulatory requirements. We will use reasonable endeavours to notify you before we do this, unless we are legally restricted from doing so. Moreover, personal data may be transferred to third parties if this is necessary for account purposes and the enforcement of claims or if you have separately agreed to such transfer.

You understand that the personal data that you voluntarily share on the Platform may be accessible by others. Once you have shared personal data or other information on the Platform, it may be further shared by third parties. If you remove information that you posted on the Platform, copies may remain viewable on the platform, or if third parties have copied or saved this information. Zaboon has no control over the use such third parties make of this personal data and therefore advises you to only share personal data and other information which you feel comfortable sharing in a public space.

If we look to use your personal data for a new purpose, beyond what it was originally provided for, we will ask for your explicit consent.

7.                     Countries we transfer your personal data to

We may transfer your personal data to recipients abroad, including in countries that do not provide the same level of protection as Swiss law. Before we do so we will implement appropriate measures to protect your personal data, for example by requiring the recipient to agree to data processing agreements (if you would like to receive a copy of these agreements, please contact us at the address indicated above. These agreements are usually based on the EU standard clauses, which you may review here). We may also transfer personal data with your explicit consent and in certain other situations as permitted by applicable law.

8.                     How we retain your personal data

We retain your personal data for as long as it is necessary for the purposes for which the data is collected, and as long as we have a legitimate interest in keeping personal data, for example to enforce or defend claims or for archiving purposes and IT security. We also retain your personal data as long as it is subject to a legal retention obligation.

9.                     How we protect your personal information

We use various technical and organisational measures to help protect your personal data from unauthorised access, use, disclosure, alteration or destruction.

10.                  Automated individual decision-making

"Automated individual decision-making" means decisions made automatically, i.e. without relevant human influence, which have a negative legal effect or other similarly negative effects on you. We will inform you separately if we should use such automated decisions in individual cases as far as this is required by law.

11.                  Your rights

You are entitled to ask for details of the information we hold about you and how we process it and to receive a copy of your personal data. You may also have your data rectified or deleted, restrict our processing of that information, and object to the processing of your personal data. You may also choose to withdraw your consent. Please note that even after you have chosen to withdraw your consent we may be able to continue to process your personal information to the extent required or permitted by law. You may also lodge a complaint in relation to our processing of your personal data with a local supervisory authority.

Should you have a request regarding the processing of your personal data you may contact us via letter, email or telephone via the following contact details:

Zaboon GmbH, Seestrasse 104, 8002 Zürich, +41 76 344 53 83, info@foodonate.ch

We must ensure that your personal information is accurate and up to date. Therefore, please advise us of any changes to your information by contacting us at the address indicated above.

12.                  Acceptance

If you do not agree to this Notice, do not proceed to further web pages of the Zaboon/foodonate website or the app.

Zaboon reserves the right to change this Policy at any time. The first line of this Notice above indicates when the Statement was last updated.