Kitchup

Privacy Policy

Version 1.0 – 23 february 2021

This privacy policy ("Privacy Policy") applies to the usage of the Kitchup Platform ("Platform") operated by Ladle GmbH ("Company", "Kitchup", "we"). By accessing the Platform, you ("User", "you") agree to the collection, usage, processing and disclosure of information in accordance with this Privacy Policy.

Unless otherwise defined in this Privacy Policy or our terms and conditions (the "Terms"), the definitions used in this Privacy Policy have the same meanings as in the Swiss Federal Act on Data Protection.

1 Personal data

We collect the following types of personal data when you use our Platform:

Platform usage and interaction
Technical data
Location-based data

From your registration or from the first order, the following types of personal data are also collected:

Identity and contact details, especially name, e-mail address and telephone number
Basic Google or Facebook information (if you choose to register using your existing accounts)
Username and password
Billing and delivery addresses
Payment data (credit card data and/or PayPal – these go through our payment processors, we do not store such information)

From your registration as a supplier, the following additional types of personal data are collected:

Company name and number (if available)
Bank data and/or PayPal account
Profile picture
Possibly Profile description

2 How we collect Personal Data

We collect information about you when you use our Platform, including taking certain actions within it.

Directly

When you access, use, or otherwise interact with our Platform.
When you correspond with us by electronic means.
When you sign up to receive our newsletter and other marketing material.

Indirectly

From third parties, such as social media plugins and third-party cookies.

3 Legal Basis and Purposes

Our legal basis for collecting and using the personal data described in this Privacy Policy depends on the personal data we collect and the specific purposes for which we collect it.

Contract: To perform our contractual obligations or take steps linked to a contract with you.

To provide and protect our Platform and services.
To administer, manage and develop our business and services.

Consent: We may rely on your freely given consent at the time you provided your personal data.

To provide you with news, special offers, newsletters, and general information about goods and services which we offer (with your explicit consent).

Legitimate interests: We may rely on legitimate interests based on our evaluation that the processing is fair and reasonable.

To maintain and improve our Platform and services.
To develop new services.

Public interest: To meet regulatory and public interest obligations.

To comply with applicable regulation and legislation.

4 Data Storage and Retention

We retain your personal data only for as long as is necessary for the purposes set out in Section 3 of this Privacy Policy, and to the extent necessary to comply with our legal obligations, resolve potential disputes and enforce our legal agreements and policies.

5 Service Providers and Data Transfers

We may employ third party companies ("Service Providers") to facilitate the operation of our Platform, assist us in analysing how our Platform is used, or perform Platform-related services, such as payment, delivery or IT infrastructure services. These third parties have access to your personal data only and insofar as necessary to perform these tasks on our behalf and are required to safeguard it in accordance with our contractual obligations and applicable data protection legislation.

Such safeguards may include transfer to countries that have been deemed to provide an adequate level of protection according to lists of countries published by the Federal Data Protection and Information Commissioner; applying standard data protection model clauses, binding corporate rules or other standard contractual obligations which provide for appropriate protection of data.

We work in particular with the following service providers:

Facebook

This website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. When you call up our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In the process, data is already transmitted to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be associated with your Facebook account, please log out of Facebook before visiting our site. Interactions such as using the comment function or clicking the "Like" or "Share" button are also passed on to Facebook. You can learn more at https://facebook.com/policy.php

Google Ads

This website uses the online marketing tool Google Ads by Google. Google Ads uses cookies to serve ads that are relevant to users, to improve campaign performance reports, or to prevent a user from seeing the same ads more than once. Google uses a cookie ID to record which ads are displayed in which browser and can thus prevent them from being displayed more than once. In addition, Google Ads can use cookie IDs to record so-called conversions that are related to ad requests. This is the case, for example, when a user sees a Google Ads ad and later buys something on the advertiser's website using the same browser. According to Google, Google Ads cookies do not contain any personal information.

Due to the marketing tools used, your browser automatically establishes a direct connection with Google's server. Through the integration of Google Ads, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, your visit can be assigned to your Google account. Even if you are not registered with Google or have not logged in, there is a possibility that Google will obtain and store your IP address.

You can prevent participation in this tracking process in various ways:

by adjusting your browser software accordingly; in particular, the suppression of third-party cookies will result in you not receiving ads from third-party providers;
by disabling conversion tracking cookies by setting your browser to block cookies from the domain www.googleadservices.com, https://adssettings.google.com, which setting will be deleted when you delete your cookies;
by disabling interest-based ads from the providers that are part of the About Ads self-regulatory campaign, through the link https://www.aboutads.info/choices, with this setting being deleted when you delete your cookies;
by permanently disabling them in your Firefox, Internet explorer or Google Chrome browsers at the link https://www.google.com/settings/ads/plugin. We would like to point out that in this case you may not be able to use all functions of this offer in full.

The legal basis for the processing of your data is a balancing of interests, according to which the processing of your personal data described above is not opposed by any overriding interests on your part (Art. 6 para. 1 p. 1 lit. f DSGVO). Further information on Google Ads from Google can be found at https://ads.google.com, as well as on data protection at Google in general: https://policies.google.com/privacy.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the data controller on this website is located outside the European Economic Area or Switzerland, then the Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as Google.

The statistics obtained enable us to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under "My data", "Personal data".

The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 lit. f GDPR. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. We would like to point out that on this website Google Analytics has been extended by the code "_anonymizeIp();" to ensure anonymized collection of IP addresses. This means that IP addresses are processed in abbreviated form, which means that they cannot be linked to a specific person. Insofar as the data collected about you is related to a person, this is therefore immediately excluded and the personal data is thus immediately deleted.

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website.

Google Web Fonts

This website uses web fonts provided by Google for the uniform display of fonts. When you visit our website, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font of your computer will be used.

For more information on Google Web Fonts, please visit https://developers.google.com/fonts/faq and read Google's privacy policy: https://policies.google.com/privacy

Instagram

Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.

For more information, please see the privacy policy of Instagram: https://facebook.com/policy.php/

LinkedIn

This website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time you access one of our pages that contains functions of LinkedIn, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our web pages with your IP address. If you click the "Recommend Button" of LinkedIn and are logged into your account at LinkedIn, it is possible for LinkedIn to assign your visit to our website to you and your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by LinkedIn.

For more information on this, please refer to LinkedIn's privacy policy at: https://www.linkedin.com/legal/privacy-policy

Mailchimp

The newsletter is sent using the dispatch service provider "MailChimp" of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and an order processing agreement pursuant to Art. 28 para. 3 p. 1 DSGVO.

The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletters or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

You can find more information on this in Mailchimp's privacy policy at: https://mailchimp.com/legal/privacy/

YouTube

Functions of the YouTube service are integrated on this website. YouTube is owned by Google Ireland Limited, a company incorporated and operated under the laws of Ireland, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the services in the European Economic Area and Switzerland.

For more information about your legal agreement with YouTube, please see YouTube's Terms of Use: https://www.youtube.com/static?gl=de&template=terms&hl=de. These Terms constitute a legally binding agreement between you and YouTube regarding your use of the Services. Google's privacy policy explains how YouTube handles your personal data and protects your data when you use the Service.

External payment service providers

This website uses external payment service providers through whose platforms users and we can make payment transactions. For example, via

Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)

Stripe (https://stripe.com/ch/privacy)

etc.

In the context of the fulfilment of contracts, we use the payment service providers on the basis of the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1 lit. b. GDPR. Furthermore, we use external payment service providers on the basis of our legitimate interests pursuant to the Swiss Data Protection Ordinance as well as and to the extent necessary pursuant to Art. 6 para. 1 lit. f. GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service providers includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as the contract totals and recipient-related information, among others. The information is required in order to carry out the transactions. However, the data entered is only processed by the payment service providers and stored with them. We as the operator do not receive any information about (bank) account or credit card, but only information to confirm (accept) or reject the payment. Under certain circumstances, the data is transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard, we refer to the terms and conditions and data protection information of the payment service providers.

For payment transactions, the terms and conditions and data protection notices of the respective payment service providers apply, which can be accessed within the respective website or transaction applications. We also refer to these for the purpose of further information and assertion of revocation, information and other data subject rights.

6 Data Disclosure

We may disclose your personal data in the good faith belief that such action is necessary:

To comply with a legal obligation (i.e. if required by law or in response to valid requests by public authorities, such as a court or government agency);
To protect the security of the Platform and defend our rights or property;
To prevent or investigate possible wrongdoing in connection with Kitchup;
To protect ourselves against legal liability.

7 Data Security

We take reasonable technical and organizational security measures that we deem proportionate in order to protect your stored data against manipulation, loss, or unauthorized third-party access. Our security measures are continually adapted to technological developments.

We also take internal data privacy very seriously. Our employees and the Service Providers that we retain are required to maintain secrecy and to comply with applicable data protection legislation. In addition, they are granted access to personal data only insofar as this is necessary for them to carry out their respective tasks or mandate.

The security of your personal data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use economically appropriate means to protect your personal data, we cannot guarantee its absolute security. We recommend that you use antivirus software, a firewall, and other similar software to protect your system.

8 Data Protection Rights

You have the below data protection rights on the basis of the Swiss Federal Act on Data Protection. Please note that we may ask you to confirm your identity before responding to such requests.

Right of information: You have the right to request information about whether we process personal data about you and if so, what these are, for what purpose we process the data, how long the data is kept or what the criteria are for determining this duration, where this data comes from, to whom this data is passed on and who is responsible for data processing at our company.
Right of access: You have a right to request a copy of your personal data, which we will provide to you in an electronic form.
Right to amendment: You have the right to ask us to correct our records if you believe they contain incorrect or incomplete information about you.
Right to withdraw consent: If you have provided your consent to the processing of your personal data, you have the right to withdraw your consent. This includes cases where you wish to opt out from marketing communications. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal basis for processing. To stop receiving emails from us, please click on the 'unsubscribe' link in the email you received.
Right to erasure: You have the right to request that we delete your personal data when it is no longer necessary for the purposes for which it was collected, or when it was unlawfully processed.
Right to restriction of processing: You have the right to request the restriction of our processing of your personal data where you believe it to be inaccurate, our processing is unlawful, or where we no longer need to process it for the initial purpose, but where we are not able to delete it due to a legal obligation or because you do not want us to delete it.
Right to portability: You have the right to request that we transmit your personal data to another data controller in a common format such as Excel, where this is data which you have provided to us, where we are processing it on the legal basis of your consent or in order to perform our contractual obligations, and when this does not require disproportionate effort.
Right to object to processing: Where the legal basis for our processing of your personal data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have a compelling legal basis for the processing which overrides your interests, or if we need to continue to process the personal data for the exercise or defence of a legal claim.
Right to lodge a complaint with a supervisory authority: You have the right of appeal to a data protection supervisory authority if you believe that the processing of your personal data violates data protection law. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch/edoeb/en/home.html).

9 Links to Third-Party Apps and Sites

Our Platform may contain links to websites or apps that are not operated by us. If you click a third-party link, you will be directed to that third party’s site or app. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

10 Cookie Policy

Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer's hard drive.

Our Platform uses these "cookies" to collection information and to improve our Platform. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Platform.

11 Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We therefore encourage you to review this Privacy Policy periodically for any changes.

Changes to this Privacy Policy are effective when they are posted on this page.

12 Contact Us

If you have any questions about this Privacy Policy, please contact our data controller as defined by data protection laws:

Kitchup by Ladle GmbH Dorfhaldenstrasse 5 6052 Hergiswil

+41 (0) 41 511 11 44 | tel: +41 (0) 79 478 67 80 E-Mail: info@kitchup.ch