Date: August 2019
1.1 The following provisions determine how Vorwerk International & Co. KmG, Verenastrasse 39, CH-8832 Wollerau, Schweiz (“Vorwerk International”) handles your personal data with regard to the website “Thermomix® Recipe Platform” (“Cookidoo®”), the Thermomix® mobile app “TM App” (“App”, Cookidoo® and the App collectively the “Platform”) and the “Vorwerk Thermomix®”, a kitchen device with optional internet connection (“Thermomix®”).
1.2 Detailed information about the handling of your data is provided below in this Privacy Policy. If you have any questions or comments, please contact the data protection officer via the contact information provided in section 13 below.
1.3 You can access this privacy information at any time within the App, retrieve it from Cookidoo® at Privacy Policy or, if the Thermomix® is connected with the Internet, access it in the Thermomix® in the menu Settings | Privacy | Privacy policy.
1.4 Vorwerk International is the data controller with regard to all data processed as described in the following. However, in certain cases described in this Privacy Policy, data may be transferred to other legal entities which will then be data processor of such transferred data. Detailed information about the handling of your data is provided below in the policy. If you have any questions or comments, please contact the data protection officer via the contact information provided in section 13 below.
2.1 The following provisions of this section 2 do only apply to the use of Platform. They do not apply with regard to the Thermomix®. Both components of the Platform, Cookidoo® and the App provide an identical functionality; thus, the App and Cookidoo are treated identically in this section 2.
2.2 If you download the App as Apple iOS version, the download will be processed via the App store “iTunes” operated by Apple, Inc., 1 Infinite Loop, Cupertino, California 95014, USA (“Apple, Inc”) for the purpose of operating the App, and the data will be transferred to Apple, Inc. For further information on the processing of your data by Apple, Inc., please go to http://www.apple.com/legal/privacy/.
2.3 If you download the App as Android version, the download will be processed via the App store “Google Play” operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043, USA (“Google LLC”) for the purpose of operating the App, and the data will be transferred to Google LLC. For further information on the processing of your data by Google Inc., please go to http://www.google.com/intl/de/policies/privacy/.
2.4 Use of the Platform Without Registered Account
2.4.1 When the Platform is accessed, for technical reasons, the following data will automatically be transmitted to Vorwerk International:
2.4.2 The foregoing data will be processed to technically enable you to use the Platform. Additionally, the data may be evaluated for statistical purposes and to improve the service offered in an anonymous form. Such data is processed on the legal basis of legitimate interests (Art. 6 (1) f GDPR).
2.4.3 On the Platform, you may browse through recipes without a registered account in a limited preview mode. In this case, the following functions are provided among others on the website:
2.4.4 Such data is processed on the legal basis of legitimate interests (Art. 6 (1) f GDPR).
2.5 Use of the Platform With a Registered Account
2.5.1 Before being able to use the full scope of Platform, you have to create a user account. For this purpose, the following data will be requested (* = required data):
2.5.2 The foregoing data is required in order to provide the following functions:
2.5.3 The use of all such foregoing functions is optional. Such data is processed on the legal basis of the performance of a contract (Art. 6 (1) b GDPR).
2.6 Assignment of a Thermomix® with Your Cookidoo® Account
2.6.1 If you own a Thermomix® TM5 with a Cook-Key®, you may optionally assign your Thermomix® with your Cookidoo® account by entering a serial number of you Thermomix® device to your Account.
2.6.2 If you own a Thermomix® TM6, you may optionally assign your Thermomix® TM6 with your Cookidoo® account via built in Wi-Fi. In order to do that during the log in process on Thermomix® you enter credentials from your Cookidoo account. In addition, you must fill out mandatory fields such as language and country of residence.
2.6.3 In case of your Thermomix® being connected to the internet (see section 3.4 below), you may then transfer recipes available on your Cookidoo® account to your Thermomix®. Such data is processed on the legal basis of the performance of a contract (Art. 6 (1) b GDPR).
2.7 Cookies
We use cookies on Platform in order to give you the best user experience when visiting our website. Cookies are sets of data which are stored by your web browser and which contain data. Please find all information on the use of cookies in our Cookie Policy, which can be accessed through a link that can be found in the footer of our webpages and in the App’s settings.
3.1 The following provisions of this section 3 do only apply to the use of Thermomix®.
3.2 In addition to the sections below, further data will be processed in case of an assignment of a Thermomix® with your Cookidoo® account. Please see section 2.6 with this regard.
3.3 If you have given your consent for tracking of your usage behaviour, further data may be processed as outlined in section 4.5 below.
3.4 Connection of a Thermomix® to the Internet
3.4.1 When connecting a Thermomix® to the Internet, the data described in section 2.4.1 is processed to technically enable you to connect the Thermomix® with the internet and with the Platform.
3.4.2 Additionally the following data will be transferred to Vorwerk International:
3.4.3 It will be used there only in order to improve the quality of the Wi-Fi and the internet connectivity of the Thermomix®. Such data is processed on the legal basis of legitimate interests (Art. 6 (1) f GDPR).
4.1 We would like to better understand how you and other users of the Thermomix® use the Platform and the Thermomix® in order to improve our services and products. Also, we would like to provide you with content and offers matching your possible interests. For this purpose, we ask you for your consent in order to track your usage behaviour on the Platform and on the Thermomix®.
4.2 We ask you separately for both tracking on the Platform and on the Thermomix® and you may give and withdraw your consent separately at any time. Refusal or revocation of such consent does not affect either the use of the Platform or of the Thermomix®.
4.3 The data outlined in the following sections 4.4 and 4.5 below is processed on the legal basis of consent (Art. 6 (1) a GDPR).
4.4 Tracking On the Platform
4.4.1 In case you have given your consent for tracking of your usage behaviour on the Platform, the following applies.
4.4.2 When visiting the Platform, your following data will be collected at Vorwerk International:
4.4.3 The foregoing data will be used by Vorwerk International for the following purposes:
4.4.4 Based on the foregoing information, content and recommendations will be displayed on the Platform or on other websites or apps of Vorwerk International (and within marketing emails, to the extent you additionally consented to the reception of such marketing emails).
4.4.5 You can find the exact wording of your consent declaration under Account | Data usage
4.4.6 You can withdraw your consent at any time by sending an email to dpo@vorwerk.ch or by changing your privacy settings in your account on the Platform.
4.5 Tracking On Your Thermomix®
4.5.1 In case you have given your consent for tracking of your usage behaviour on the Thermomix®, the following applies.
4.5.2 When connected to the Internet, the Thermomix® transfers the following data to Vorwerk International:
4.5.3 The foregoing data will be used by Vorwerk International for the following purposes:
4.5.4 The provisions of this section 4.5 do only apply to the use of the Thermomix® and only if the Thermomix® is connected with the Internet. They do not apply with regard to the use of the Platform.
4.5.5 In case of using TM5 you can find the exact wording of your consent declaration under Settings | Privacy | Diagnostics
I agree that my usage behaviour regarding the Thermomix® may be tracked by Vorwerk International & Co. KmG, Switzerland and that Vorwerk may analyse my usage behaviour in order to improve the products and services and to provide me with content and offers matching my possible interests.
In case I have given my prior consent to the tracking and analysis on Cookidoo® ac-cording to section 4.4 of the Privacy Policy, Vorwerk may link the Thermomix® tracking data with my Cookidoo® tracking data for the aforementioned purposes.
Further details are set out in section 4.5 of the Privacy Policy. I can disable (and re-enable) this option at any time by changing my privacy settings under Account | Data usage.
4.5.6 In case of using TM6 you can find the exact wording of your consent declaration under Account | Data usage
4.5.7 When using the TM5 device you can withdraw your consent at any time with future effect by changing your privacy settings on the Thermomix® in the settings menu Settings | Privacy | Diagnostics and usage on the Thermomix®. In addition, to withdraw your consent effectively when using TM5 device, it is necessary that you successfully synchronize your Thermomix® with Cookidoo® after changing the settings.
4.5.8 When using the TM6 device you can withdraw your consent at any time with future effect by changing your privacy settings on the Thermomix® in the settings menu Settings | Privacy | Data usage and usage on the Thermomix® or you change your Data usage settings on your profile under Account | Data usage
5.1 When contacting customer care, we may collect certain data. Depending on the type of contact desired and type of requests received, such data can vary from being related to fixing a technical problem to data protection requests such as to access data or deletion of data. If necessary, we may also process data described in the sections 2.4.1, 2.5.1, 3.4.2, 4.4.2, 4.5.2. in order to address your requests.
5.2 The foregoing data will be used in order to fulfil the specific customer care request.
5.3 The foregoing data is processed on the legal basis of the performance of a contract (Art. 6 (1) b GDPR).
6.1 When purchasing products or services on the Platform, you will have to submit payment information in order to allow processing of payments (depending on the payment method, e.g. a credit card number or PayPal). Your payment will be processed via the third-party payment provider Elavon Merchant Services, Lyoner Str. 36, 60528 Frankfurt/Main, Germany.
6.2 In order to file a proper invoice, the following data will be requested (* = required data):
6.3 The foregoing data will be used in order to process the purchase. Such data is processed on the legal basis of the performance of a contract (Art. 6 (1) b GDPR).
7.1 Vorwerk International provides information on special offers and discount promotions from time to time via email. In the marketing emails, you will be provided with information on Vorwerk International, its products and current offers and surveys, provided that you have registered for it.
7.2 When agreeing to the reception of marketing emails, the following data will be processed:
7.3 The foregoing data is used by Vorwerk International in order to provide marketing emails which suit your possible interests (e.g. information on Vorwerk International, its products and current offers and surveys).
7.4 You can unsubscribe from marketing emails at any time, either by de-registering from this service on Cookidoo®, or by clicking on the unsubscribe link at the end of each marketing email.
7.5 You can find the exact wording of your consent declaration under Account | Data usage
7.6 The data outlined in this section is processed on the legal basis of consent (Art. 6 (1) a GDPR).
8.1 When providing services to you, we may share personal data with persons acting on our behalf or otherwise involved in the transaction, including:
8.2 The recipients of personal listed above may be located outside of the European Economic Area. Where necessary and unless the country to which data is being transferred has been determined by the European Commission as a country with adequate level of protection, we require such recipients to comply with data protection measures such as standard contractual clauses, the offer of appropriate guarantees according to the guidelines of the European Commission or a E.U.-US or Swiss-U.S. Privacy Shield certification.
8.3 Data sharing with law enforcement authorities
8.3.1 We might be obliged to transfer personal data to law enforcement authorities within the meaning of Art. 6 (1) c GDPR.
8.3.2 Vorwerk International reserves the right to share information relevant for the purpose of prevention and prosecution of criminal acts in case we observe any illegal behaviour relating to usage of the Platform or a Thermomix® that serves our legitimate interest to protect our business and other users of Cookidoo or Thermomix®.
9.1 Right of Access (Art. 15 GDPR)
You have the right to request confirmation as to whether Vorwerk International processes your personal data and where that is the case, that Vorwerk International provides you with access to, and information on the data stored by Vorwerk International with regard to your person or your pseudonym.
9.2 Right to Rectification (Art. 16 GDPR)
You have a right in respect of the correction of data in case your personal data collected is inaccurate.
9.3 Right to Erasure (Art 17 GDPR)
9.3.1 You have the right to request erasure of personal data without undue delay under certain circumstances. Such circumstances may be e.g. if your personal data is no longer necessary for the purposes for which it was collected or if you withdraw consent on which our processing is based according to Art. 6 (1) a GDPR and where there is no other legal ground for processing.
9.3.2 You can completely delete your user account on the Platform. For this purpose, simply send an email with the subject “delete my profile” to dpo@vorwerk.ch. Please note that use of Cookidoo® and the App will no longer be possible once the user account has been deleted.
9.3.3 You can furthermore delete the following data:
9.4 Right to Restriction on Processing (Art. 18 GDPR)
You have the right to obtain a restriction of processing under certain circumstances. Such circumstance may be e.g. when you think that your personal data is not accurate or if we do not need the personal data for the original purpose of the processing but you need us to keep such data for the establishment, exercise or defence of legal claims.
9.5 Right to Data Portability (Art. 20 GDPR)
Under certain circumstances, you have the right to receive your personal data you have provided us with, in a structured, commonly used and machine-readable format and you have the right to transmit that information to another controller without hindrance or ask us to do so.
9.6 Right to Objection to Processing (Art. 21 GDPR)
You have the right to object to the processing of your personal data under certain circumstances, in particular if we process your personal data on the legal basis of legitimate interests (Art. 6 (1) f GDPR) or if we use your personal data for marketing purposes.
9.7 Right to Withdraw Consent
9.7.1 Where we process your personal data on the basis of consent you gave us within the meaning of Art. 6 (1) a GDPR, you have a right to withdraw that consent at any time. Please note that withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
9.7.2 For specific instructions on how to withdraw consent, please do also see
9.8 How to Exercise Your Data Protection Rights
For questions about the collection, processing or use of your personal data, the disclosure, correction, blocking or deletion of data or objection to a particular processing of data, data portability please contact the data protection officer via the contact information provided below in section 13.
9.9 Right to lodge a complaint
9.9.1 You have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence.
9.9.2 If you are not satisfied with any aspect of data processing of your personal data by Vorwerk International, we would like to understand and discuss it with you and learn how can we improve the situation. Please feel free to contact us through the contact information provided below in section 13. Nonetheless, you may submit a complaint to the local data protection supervisory authority.
At Vorwerk International we have implemented appropriate technical and organisational measures to prevent accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
11.1 We store your personal data and other information (e.g. accounting data related to your purchases) for as long as necessary to provide our services to you, to enable you to use our websites and our products, to comply with applicable laws (including those regarding document retention), to resolve disputes with any parties and otherwise as necessary to allow us to conduct our business. As a consequence, we delete personal data as soon as it is no longer necessary for the aforementioned purposes.
11.2 In case the processing is based on consent and you withdraw your consent, we will delete or anonymize your personal data without undue delay after the withdrawal, unless there is a legal basis to retain the data.
11.3 If we store personal data for the only purpose of compliance with laws on document retention, we will store this personal data in archive mode. This means that the access to this personal data is strictly limited to those persons who might need access in order to comply with the aforementioned laws.
11.4 The criteria we use to determine the periods for retaining your personal data include the retention requirements under applicable laws, regulations and our operational requirements, such as account maintenance, enabling customer relationship management and responding to legal claims, complaints and regulatory and law enforcement requests. If you have a question about a specific retention period for certain types of personal data we process, please contact us through the contact information provided below in section 13.
This Privacy Policy was updated in August 2019. We reserve the right to amend the notice from time to time in case there are any changes to data processing. In case the Privacy Policy has been updated, we will take steps to inform you of the update by appropriate means, such as through a notification shown when logging on to your account or other means in case they are more suitable (e.g. email).
You may contact the data protection officer of Vorwerk International at
Vorwerk International & Co. KmG
Verenastrasse 39
CH-8832 Wollerau
Schweiz
dpo@vorwerk.ch
