Data Protection Declaration

Data Protection Declaration

Important legal information

Please read the following conditions through carefully before you continue. People, who call up the appenzeller.ch website of SO Appenzeller Käse GmbH, declare that they are in agreement with the following conditions.

Copyright and brand rights
The entire content of the appenzeller.ch website is protected by copyright. All rights belong to SO Appenzeller Käse GmbH or a third party. The components on the appenzeller.ch website are freely accessible only for browsing. Copying the material or parts of the latter in any written or electronic form is permitted only with the express mention of appenzeller.ch. The reproduction, transfer, modification, linking or use of the appenzeller.ch website for public or commercial purposes is forbidden without the prior written consent of SO Appenzeller Käse GmbH.

The various names and logos on the appenzeller.ch website are generally registered, protected trademarks. No component of the appenzeller.ch website is designed in such a way that this grants a license or a right to use an image, a registered trademark or a logo. By downloading or copying the appenzeller.ch website or parts of the latter, no rights with regard to software or components of the appenzeller.ch website are transferred. SO Appenzeller Käse GmbH retains all the rights regarding all the elements on the appenzeller.ch website, with the exception of the rights belonging to a third party.

No guarantee
Although SO Appenzeller Käse GmbH has made every effort to guarantee the reliability of the information contained on the appenzeller.ch website at the time of its publication, neither SO Appenzeller Käse GmbH nor its contracting partners can give an explicit or implicit assurance or guarantee (also to a third party) regarding the accuracy, reliability or completeness of the information at appenzeller.ch. Opinions and other information on the appenzeller.ch website can be amended at any time without notification.

SO Appenzeller Käse GmbH assumes no responsibility and gives no guarantee that the functions at the appenzeller.ch website will not be interrupted or that the appenzeller.ch website or the relevant server is free of viruses or other harmful components.

Limitation of liability
Insofar as there is a contractual relationship between SO Appenzeller Käse GmbH and the user of the appenzeller.ch website or another service of SO Appenzeller Käse GmbH, SO Appenzeller Käse GmbH is liable only for losses caused by gross negligence or intent. SO Appenzeller Käse GmbH rules out any liability for losses caused by an auxiliary person. SO Appenzeller Käse GmbH is not liable for lost profit, data losses or other direct, indirect or consequential losses, which arise from access to the elements of the appenzeller.ch website or its use or the impossibility of accessing the latter or using the latter or from linking with other websites or from technical disruption.

Links to other websites
The appenzeller.ch website contains links to third-party websites, which might be of interest to you. When activating such links you may under some circumstances leave the appenzeller.ch website or extracts of third-party websites may be displayed within the environment of the appenzeller.ch website. SO Appenzeller Käse GmbH has not carried out checks of the third-party websites connected by links to the appenzeller.ch website and is in no way responsible or liable for the content or the functioning of these third-party websites. This applies regardless of whether you leave the appenzeller.ch website when activating a link or the display is within the environment of the appenzeller.ch website, even if in the latter case the information-provider of an external website is not readily visible. The production of this link or consulting third-party websites will take place exclusively at the risk of the user.

SO Appenzeller Käse GmbH (Poststrasse 12, PO Box 67, 9050 Appenzell, Switzerland), a company with limited liability in accordance with the Swiss Law of Obligations (CHE-108.738.162) is the operator of the appenzeller.ch website and is therefore responsible for collecting, processing and using your personal data and the compatibility of data processing with Swiss law.

Your trust is important to us and we therefore take the subject of data protection seriously and pay attention to the corresponding security. Naturally we observe the statutory provisions of the Federal Data Protection Act (DSG), the Decree on the Federal Data Protection Act (VDSG), the Telecommunications Act (FMG) and, insofar as they are applicable, other data protection provisions, in particular the General Data Protection Regulation of the European Union (hereinafter GDPR).

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

1. Scope and purpose of the collection, processing and use of personal data
a. when visiting www.appenzeller.ch

When you visit our website our servers temporarily store every access in a log file. The following data is collected without any action on your part and is stored by us until it is automatically deleted after no later than 30 days:

  • the IP address of the inquiring computer
  • the date and time of access
  • the name and URL of the downloaded file
  • the website, from which access was made
  • the operating system of your computer and the browser you have used
  • the country from which you made access and the language settings of your browser
  • the name of your Internet access provider

Only in the case of access to the network infrastructure of appenzeller.ch or if there is a suspicion of unauthorized or improper use of the website, will the IP address be assessed for clarification and defense and if applicable as part of criminal proceedings for identification and for proceedings under civil and criminal law against the users concerned.

The collection and processing of this data will be carried out for the purpose of making the use of our website possible (link connection), permanently ensuring system security and stability and to enable the optimization of our Internet content as well for internal statistical purposes. This includes our justified interest in data processing within the meaning of Art. 6 Para. 1 letter f GDPR.

b. when opening a customer account and registration for our Newsletter

In order to place orders in our online shop, the truthful entry of the following personal data is required (*compulsory):

  • Forename*
  • Surname*
  • Address*
  • Post code / town*
  • Country*
  • Email address
  • Password*
  • Registration for Newsletter
    We require this information in order to process your order via the online shop and to deliver the goods ordered. The legal basis for processing your personal data lies in the pre-contractual measures and implementation of a contract within the meaning of Art. 6 Para. 1 letter b GDPR, as well as our justified interest within the meaning of Art. 6 Para. 1 letter f GDPR.

In addition, we require this information to send you the Newsletter, insofar as you have registered for the latter.

When the customer account has been set up and the corresponding check box has been activated for the Newsletter, you are granting us your consent to process the data provided for regular dispatch of the Newsletter to the email address you have notified. This consent represents our legal basis for processing your data within the meaning of Art. 6 Para. 1 letter a GDPR.

Furthermore we are entitled to instruct a third party with the technical processing of marketing campaigns and accordingly have the right to make your personal data available to third parties for this purpose.

We use email marketing services from MailChimp, Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA for sending our Newsletter.

Our Newsletter may contain a so-called web beacon (web bug) or similar technical instrument. A web beacon is a graphic the size of 1x1 pixel, which is not visible and is associated with the user ID of the relevant Newsletter subscriber.

With every Newsletter sent there is information about the address file used, the subject and the number of Newsletters sent. In addition, it can be seen which addresses have not yet received the Newsletter, to which address the Newsletter was sent and for which addresses dispatch failed. Furthermore, we also receive the opening rates, including the information about which addresses have opened the Newsletter. Finally, we can inspect which addresses have unsubscribed. We use this data for statistical purposes and to optimize the Newsletter with regard to content and structure. This enables us to direct the information and offers in our Newsletter better to the individual interests of recipients. The web bug is deleted when you delete the Newsletter.

In order to prevent the use of the web beacon in our Newsletter, please adjust the settings in your mail program so that no HTML is shown in messages, if this is not standard. You can find explanations of how you can adjust the settings in the most common email programs on the following pages.

  • Microsoft Outlook
  • Mail for Mac (“Load removed content in messages”)
    For this data processing, we base ourselves on Art. 6 Para. 1 letter f GDPR and therefore on our justified interest.

You can withdraw consent for this data processing at any time, if there are reasons which exist in your particular situation, which argue against data processing (see on this subject Section 14 Contact).

c. When making contact with us

You have various ways of contacting us. You can either contact us by telephone or via the email address appenzeller@appenzeller.ch.

When doing so we will collect the personal data you have provided. We require this information to process your inquiry. You are responsible for the content of the messages which you transmit to us. We recommend that you do not transmit sensitive information via the various contact channels. Only the personal data you transmit to us voluntarily will be collected. It is therefore up to you which information you make available to us. So that we can answer your inquiries, we may request additional information from you, e.g. your email address, your telephone number etc. We will collect from you only the personal data, which is required to process and reply to your inquiry or to provide the services you have requested.

The legal basis for processing your personal data from inquiries exists in our justified interest within the meaning of Art. 6 Para. 1 letter f GDPR. Our justified interest exists in processing the contact you have made.

You can withdraw consent for this data processing at any time if there are reasons in your particular situation, which argue against data processing (see on this subject Section 14 Contact).

d. When taking part in competitions and lotteries

You will have the opportunity from time to time to take part in competitions or lotteries at appenzeller.ch. As part of these competitions and lotteries, personal data (email address, name, address and possibly other data required for the competition or lottery) may also be collected and stored in order to process the competition or lottery. The personal data you have passed on to us will be used exclusively to process the competition or lottery (for example to determine the prize, notify the winners and hand over the prize). As part of the competition or lottery we will provide separate information about data processing for the specific competition or lottery. At the end of our competition or lottery the data on the participants will be deleted, unless you have given your separate explicit consent regarding the use of personal data for other purposes (e.g. to receive our Newsletter).

The legal basis for processing your personal data as part of competitions or lotteries exists in your consent within the meaning of Art. 6 Para. 1 letter a GDPR.

You can withdraw consent for this data processing at any time if there are reasons in your particular situation, which argue against data processing (see on this subject Section 14 Contact).

2. Central storage

We will store the data indicated in the previous sections in a central electronic data processing system. The data concerning you will be collected, linked and assessed by the system for processing your inquiries and dealing with the contractual services.

We base this processing on our justified interest within the meaning of Art. 6 Para. 1 letter f GDPR in customer-friendly and efficient customer data management. In addition, we base the processing of this data on contractual satisfaction within the meaning of Art. 6 Para. 1 letter b GDPR.


3. Use of your data for advertising purposes

a. Establishing anonymous usage profiles

In order to make personalized services and information available on our website (on-site targeting), we use and analyze the data, which we collect about you, when you visit the website. When the corresponding processing takes place, so-called cookies may also be used (see more on this subject under Section 7). The analysis of your user behavior can lead to the establishment of a so-called usage profile. Usage data is merged only with anonymous data, but never with non-anonymous personal data.

We base the establishment of anonymous user profiles for advertising and analysis purposes on a justified interest within the meaning of Art. 6 Para. 1 letter f GDPR. This applies to all the data processing steps stated in this Section 3. The justified interest exists in direct marketing and the analysis of the use of our website.

b. Re-targeting

We use re-targeting technologies on the website. They analyze your user behavior on our website in order to then be able to offer you individually tailored advertising also on partner websites. Your user behavior is collected anonymously. Most re-targeting technologies work with cookies (see Section 7 below on this subject).

This website uses Doubleclick by Google, a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043,USA (“Google”), to display adverts that are based on the use of websites visited previously. Google uses the so-called DoubleClick cookie for this, which enables your browser to be recognized when visiting other websites. The information about the visit to this website (including your IP address) generated by the cookie is transmitted to a server of Google in the USA and stored there (you can find additional information about transfers of personal data in the USA in Section 10 below).

Google will use this information to assess your use of the website with regard to the adverts to be displayed, to draw up reports on website activities and adverts for the website operators and in order to provide additional services associated with the use of the website and the Internet. Google may also transmit this information to a third party, insofar as this is prescribed by law or insofar as a third party processes this data on behalf of Google. However, Google will under no circumstances link your IP address to other data from Google.

You can prevent re-targeting at any time by refusing or switching off the relevant cookies in the menu tab of your web browser (see Section 7 on this subject below). In addition, you can apply for an opt-out for the additional other advertising and re-targeting tools via the website of the Digital Advertising Alliance under optout.aboutads.info.

4. Transmission of the data to a third party
We will pass on your personal data only if you have given express consent for this, there is a statutory obligation for this or it is required to assert our rights, in particular to assert claims arising from the relationship between you and SO Appenzeller Käse GmbH.

In addition, we will pass your data on to a third party, insofar as this is necessary as part of the use of the website to provide the services you desire and the analysis of your user behavior. Insofar as this is required for the purposes mentioned in Clause 1, transmission can also take place abroad.

Insofar as the website contains links to websites of a third party, after these links have been clicked, SO Appenzeller Käse GmbH no longer has any influence on the collection, processing, storing or use of personal data by the third party and assumes no responsibility for this.

5. Transmission of personal data abroad
SO Appenzeller Käse GmbH has the right to also transfer your personal data to third companies (contracted service-providers) abroad, insofar as this is necessary for the data processing described in the data protection declaration. The latter have the same obligations as we do with regard to data protection. If the data protection level in a country does not comply with the Swiss or European level, we will ensure contractually that the protection of your personal data corresponds to that in Switzerland or in the EU at any time.

6. Data security
We use suitable technical and organizational security measures in order to protect your personal data stored by us against manipulation, partial or full loss and against unauthorized access by a third party. Our security measures are being continually improved in line with technological developments.

You should always handle your payment information confidentially and close the browser window when you have finished communicating with us, in particular if you use the computer together with other people.

We also take our internal company data protection very seriously. Our employees and the service-providers instructed by us have been obliged to maintain confidentiality and to comply with the provisions under data protection law. Furthermore the latter are given access to personal data only insofar as this is necessary.

7. Cookies
Cookies help to make your visit to our website simpler, more pleasant and more meaningful in many aspects. Cookies are information files, which your web browser stores automatically on the hard disc of your computer when you visit our website. Cookies harm neither the hard disk of your computer nor do these cookies transmit the user’s personal data to us.

For example we use cookies so that the information displayed to you, offers and adverts are better directed to your individual interests. This use does not mean that we receive new personal data about you as an online visitor. Most Internet browsers accept cookies automatically. However, you can configure your browser in such a way that no cookies are stored on your computer or that a message always appears when you receive a new cookie.

The deactivation of cookies can mean that you will not be able to use all the functions of our website.

8. Tracking tools
We use Google Analytics on our website, a web analysis service of Google Inc.,1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Google Analytics uses methods, which make it possible to analyze the use of the website, such as cookies (see Section 7 on this subject). The information generated by the cookie about your use of this website such as

  • navigation path, which a visitor to the site uses,
  • time spent on the website or sub-page,
  • the sub-page, on which our website is left,
  • the country, region or town from where access is made,
  • end-device (type, version, color depth, resolution, width and height of the browser window),
  • returning or new visitor,
  • browser-type/-version,
  • operating system used,
  • referrer URL (the page visited previously),
  • host name of the accessing computer (IP address) and
  • time of server inquiry
    will be transferred to servers belonging to Google, a company of the Alphabet Inc holding company, in the USA and stored there. During this process the IP address is abbreviated through the activation of the IP anonymization (“anonymizeIP”) on this website before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area or Switzerland. The anonymized IP address transmitted by Google Analytics from your browser will not be merged with other data from Google. Only in exceptional cases will the full IP address be sent to a server of Google in the USA and abbreviated there. In these cases we ensure that Google complies with a sufficient level of data protection through contractual guarantees.

The information will be used to assess the use of the website, to compile reports about the activities on the website and to provide additional services associated with the use of the website and the Internet for the purpose of market research and needs-based design of the website. This information may also be transferred to a third party, insofar as this is prescribed by law or insofar as the third party is processing this data on a contract. According to Google, under no circumstances will the IP address be linked to other data concerning the user.

Users can prevent the collection of the data generated by the cookie related to the use of the website by the relevant user (including the IP address) by Google and the processing of this data by Google, by downloading and installing the browser plug-in available under the following link:

http://tools.google.com/dlpage/gaoptout?hl=de

As an alternative to the browser plug-in, users can click this link to prevent future collection of data by Google Analytics on the website. As part of this process, an opt-out cookie will be stored on the user’s end-device. The link must be clicked on again to delete the user cookies (see Section 7 on this subject).

9. Links to our social media presence
On our website we have incorporated links to our social media profiles at the following social networks:

  • Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA,
  • Twitter Inc.,1355 Market Street, Suite 900, San Francisco, CA 94103, USA,
  • YouTube LLC., 901 Cherry Ave., San Bruno, CA 94066, USA, and
  • Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA.
    When you click on the relevant symbols of the social networks, you will be automatically directed to our profile on the relevant network. In order to use the functions of the relevant network there, you may have to login to your user account at the relevant network.

If you call up a link to one of our social media profiles, a direct connection is created between your browser and the server of the relevant social network. Through this the network will receive the information that you have visited our website with our IP address and called up the link. If you call up a link to a network while you are logged into your account at the relevant network, the content of our pages can be linked to your profile on the network, which means that the network can assign your visit to our website directly with your user account. If you would like to prevent this, you should log out before you activate the corresponding links. An assignment will take place in any case if you login to the relevant network after activating the link.

10. Information on data transmission to the USA
For reasons of completeness, we would like to point out to users with their place of residence or registered office in Switzerland, that there are monitoring measures in existence for US authorities in the USA, which in general make it possible to store all the personal data of everyone whose data has been transmitted from Switzerland to the USA. This occurs without any differentiation, limitation or exception using the target pursued and without an objective criteria, making it possible to limit the access of the US authorities to the data and their later use to very specific, strictly limited purposes, which enable both the intervention associated with the access to this data and associated with their use to be justified. Furthermore, we would like to point that in the USA there are no legal remedies for the persons affected from Switzerland, which permit them to obtain access to the data concerning them and to correct or delete the latter, nor any effective court legal protection against general rights of access by US authorities. We would like to explicitly point out this legal and factual situation to the people concerned so they can make a correspondingly informed decision about consent to the use of their data.

We would like to point out to users with a place of residence in a member state of the EU that from the perspective of the European Union – among other things owing to the subjects mentioned in this Section – the USA does not have a sufficient level of data protection. Insofar as we have explained in this Data Protection Declaration that recipients of data (such as Google, Facebook and Twitter) have their registered office in the USA, we will ensure either through contractual regulations to these companies or through ensuring certification of these companies under the EU-US Privacy Shield that your data is protected with an appropriate level of protection with our partners.

11. Right to information, notification, deletion and limitation of processing; right to data transferability
You have the right to receive information free of charge on application about the personal data, which is stored by us about you. In addition, you have the right to correction of incorrect data and the right to deletion of your personal data, insofar as this is not contrary to a statutory retention obligation or statutory permission, which permits us to process the data. In accordance with Articles 18 and 21 GDPR, you also have the right to request a limitation of data processing and withdraw your consent to data processing.

Furthermore, you have the right to request back the relevant data, which you have handed over to us (right to data portability). On request we will also transmit the data to a third party of your choice. You have the right to receive the data in a current file format.

You can reach us for the above-mentioned purposes via the email address appenzeller@appenzeller.ch. We can at our discretion request proof of identity to process your requests.

You can also notify us what should happen with your data after your death by giving us the corresponding instructions.

12. Retention of data
We store personal data only as long as is necessary to use it for the above-mentioned tracking, advertising and analysis services as part of our justified interest:

  • to provide services in the above-mentioned scope, which you have requested or to which you have granted your consent;
  • in order to comply with our statutory obligations.
    Contractual data are stored by us for longer as this is prescribed by the statutory obligation of retention. Retention obligations, which oblige us to retain data, arising from the provisions of accounting and provisions under tax law. In accordance with these provisions, business communication, contracts concluded and accounting records must be kept for up to 10 years or with regard to users with a place of residence in France for up to five years. Insofar as this data is no longer required to carry out services for you, the data will be blocked. This means that the data will then only be permitted to be used for accounting and tax purposes.

13. Right to complaint to a data protection supervisory authority
If you have your place of residence in an EU country, you have the right to complain to a data protection supervisory authority at any time.

14. Contact
If you have any questions about data protection on our website, desire some information or would like your data to be deleted, please contact us, by sending an email to appenzeller@appenzeller.ch.

If writing a letter, please send your concerns to the following address:

SO Appenzeller Käse GmbH
Poststrasse 12
PO Box 67
CH-9050 Appenzell

Most recently updated: 11-06-2018

Sortenorganisation Appenzeller Käse GmbH
Poststrasse 12
PO Box 67
9050 Appenzell
Telephone: +41 (0)71 788 30 40
Email: appenzeller@appenzeller.ch

Concept, design and implementation
Contexta AG, Bern
www.contexta.ch

Important legal information

Please read the Data Protection Declaration