Vorwerk Thermomix

Privacy Policy

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Privacy Policy Privacy Policy for the Thermomix® Recipe Platform (“Cookidoo®”), the Thermomix® App and the Thermomix® Effective Date: August 1st 2019 Content <ol> <li> General </li> <li> Platform and App </li> <li> Thermomix® </li> <li> Data Usage Tracking </li> <li> Customer Service </li> <li> Payment data </li> <li> Email Marketing </li> <li> Recipients of Personal Data </li> <li> Your Rights (if you are an EU resident) </li> <li> Data Security </li> <li> Retention and Deletion of Data </li> <li> Google Analytics and Google Tag Manager </li> <li> Changes to the Privacy Policy </li> </ol> 1 General 1.1 The following provisions determine how Vorwerk, LLC, 3255 Thousand Oaks Blvd, Thousand Oaks, CA 91362 and Vorwerk International &amp. Co. KmG, Wolleraustrasse 11A, 8807 Freienbach, Switzerland (“Vorwerk International”) (both companies together the “Vorwerk Group Companies”) handle your personal data relating to the Thermomix® Recipe Platform (“Cookidoo®”), the Thermomix® mobile app “TM App” (“App”) (both Cookidoo® and App together the “Platform”) and the “Vorwerk Thermomix®,” a kitchen appliance with optional internet connection (“Thermomix®”). The sale of the Thermomix® is supported by a team of Thermomix® Independent Consultants (“Thermomix® Consultant”) who also organize cooking demonstrations and other events, providing professional presentations and first-hand experiences with regard to the use of the Thermomix®. 1.2 For the avoidance of doubt, the Vorwerk Group Companies do not act as joint controllers, unless explicitly stated otherwise. Unless explicitly described differently in the following, each transfer of data between the Vorwerk Group Companies is a transfer from controller to controller and not a processing of one Vorwerk Group Company on behalf of the other one. The relationship between the Vorwerk Group Companies is described in this Privacy Policy in detail. 1.3 Vorwerk International is the provider of the Cookidoo® technology, whereas Vorwerk, LLC distributes the Thermomix®, the App, and the Cookidoo® digital content. 1.4 Detailed information about the handling of your data is provided below in this Privacy Policy 1.5 You may access this information at any time within the App, retrieve it from Cookidoo® by selecting Privacy Policy or, if the Thermomix® is connected to the internet (including via the Cook-Key®), access it in the Thermomix® in the menu Settings | Privacy | Privacy policy. 1.6 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 controller of such transferred data. Detailed information about the handling of your data is provided below in the policy. 2 Platform and App 2.1 The provisions of this section 2 apply only to the use of the Platform. They do not apply to the use of the Thermomix®. Both Cookidoo® and the App provide an identical functionality. therefore, the App and Cookidoo® are treated identically in this section 2. 2.2 If you download the App as an Apple iOS version, the download will be processed via the “iTunes” App store, provided by Apple Inc., 1 Infinite Loop, Cupertino, California 95014, USA (“Apple, Inc”), for the purpose of operating the App, and the data will be transmitted to Apple, Inc. For more information regarding the processing of your data by Apple, Inc., see http://www.apple.com/legal/privacy/. 2.3 If you download the App as an Android version, the download will be processed via the “Google Play” App store operated by Google LLC, 1600 Amphitheater 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 more information regarding the processing of your data by Google Inc., visit https://policies.google.com/privacy. 2.4 Use of the Platform without a registered account 2.4.1 When accessing the Platform, for technical reasons, the following data will automatically be transmitted to Vorwerk International: • IP address • Date and time • Amount of data transmitted • Access to the device and the browser • Operating system running on the access device • A notification to confirm access 2.4.2 The data listed above will be processed to technically enable you to use the Platform. Additionally, the data may be examined for statistical purposes and to improve the services offered in an anonymous form. This data is processed on the legal basis of legitimate interests. 2.4.3 On the Platform, you may browse through the recipes without a registered account in a limited preview mode. In this case, the following functions (among others) are provided on the website: • Browse the website • Search for recipes • Open the recipe preview • Save the latest searches made by the user • Learn about the products offered by Vorwerk • Read editorial content such as articles 2.4.4 The data is processed on the legal basis of legitimate interests. 2.5 Use of the Platform with a registered account 2.5.1 Before you may use all the features of the Platform, you need to create a user account. For this purpose, the following data will be requested (* = required data): • Email address* • Password* • Country of residence* • Address* • First and last name • Language 2.5.2 The above data is necessary to provide the following functions: • Create and administer the user account • Create custom recipe lists in order to collect, organize and bookmark recipes • Create shopping lists • Save the recipe collections created by the Vorwerk Group Companies • Plan recipes to cook on any given day (weekly planner) • Purchase and administration of a Cookidoo® subscription, purchase of additional products 2.5.3 The use of the above functions is optional. This data is processed on the legal basis of the performance of a contract. 2.6 Connecting a Thermomix® to your Cookidoo® account 2.6.1 If you have a Thermomix® TM5 with a Cook-Key®, you may connect your Thermomix® to your Cookidoo® account by entering the serial number of your Thermomix® appliance to your Account. 2.6.2 If you have a Thermomix® TM6™, you may optionally connect your Thermomix® TM6™ to your Cookidoo® account via integrated Wi-Fi. To do this, during the Thermomix® login process, enter your credentials from your Cookidoo® account. In addition, you must fill in all the mandatory fields such as language and country of residence. 2.6.3 If your Thermomix® is connected to the internet (see section 3.4 below), you may transfer the recipes available on your Cookidoo® account to your Thermomix®. This data is processed on the legal basis of performance of a contract. 2.7 Cookies 2.7.1 We use cookies on Platform in order to give you the best user experience. Cookies are sets of data which are stored by your web browser and which contain da-ta. 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. 2.7.2 You also may deactivate the use of cookies and remove existing cookies in your web browser. For further information, please refer to your browser's help function. 2.7.3 In case you prevent the storage of cookies by setting your browser software accordingly, you may possibly not be able to fully use all features on Cookidoo®. 3 Thermomix® 3.1 The provisions of this section 3 apply only to the use of Thermomix®. 3.2 In addition to the sections below, further data will be processed if a Thermomix® is connected with your Cookidoo® account. Please see section 2.6 about this. 3.3 If you have given your consent for the tracking of your usage behavior, further data may be processed as described in section 4.4 below. 3.4 Connecting 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® to the internet and to the Platform. 3.4.2 Additionally, the following data will be transferred to Vorwerk International: • IP address • Cook-Key® MAC address • Cook-Key® serial number • Date and time • Amount of data transmitted • Access to the device • Operating system running on the access device • Notification of confirmation of access • In case of failed connections, the reason for the failure is in the form of an error code 3.4.3 It will be used, in this case, only to improve the quality of the Wi-Fi and the internet connectivity of the Thermomix®. This data is processed on the legal basis of legitimate interests. 4 Data Usage Tracking 4.1 We would like to better understand how you and other users of the Thermomix® use the Thermomix® in order to improve our services and products. Also, we would like to provide you with content and offers corresponding with your possible interests. For this purpose, we ask you to consent to the tracking of your usage on the Thermomix®. 4.2 We ask for your consent to track your usage on the Thermomix® and you may give and withdraw your consent separately at any time. The refusal or withdrawal of this consent does not affect the use of the Thermomix®. 4.3 The data outlined in the following sections 4.4 is processed on the legal basis of consent. 4.4 Tracking on the Platform 4.4.1 In case you have given your consent for tracking of your usage behaviour on the Plat-form, the following applies. 4.4.2 When visiting the Platform, your following data will be collected at Vorwerk Interna-tional: • Your User ID • Saved Collections • Set and removed Bookmarks • Food preferences • Which screens or pages have been visited • Which functions have been used • Which recipes have been viewed • Timestamp of each user interaction • List of <ul> <ul> <li>Collections of recipes that have been purchased or subscribed to</li> <li>Recipes that you plan to cook per day</li> <li>Products needed for the recipes</li> </ul> </ul> 4.4.3 The foregoing data will be transferred to the Local Vorwerk Entity and be used by the Vorwerk Group Companies for the following purposes: • Enhance user experience when visiting the Platform • Suggest and recommend more relevant content (such as recipes) • Suggest similar recipe collections • Filter search results • Analytics of usage data • Insights about user behaviour and interaction with the Platform • Improvement of services and products • Recommendation of relevant, personalized content 4.4.4 Based on the foregoing information, content and recommendations will be displayed on the Platform or on other websites or apps of the Vorwerk Group Companies (and within marketing emails, to the extent you additionally consented to the reception of such marketing emails). 4.4.5 In addition to the foregoing, the Vorwerk Group Companies may provide your Thermomix® Advisor with a summary of the foregoing data about your use of the Platform. Based on the foregoing information, your Thermomix® Advisor may contact you in order to provide you with content and offers matching your possible interests. a contact via email will only take place to the extent you additionally consented to the reception of such marketing emails. 4.4.6 You can find the exact wording of your consent declaration under Account | Data us-age 4.4.7 You can withdraw your consent at any time by sending an email to service@thermomix.us or by changing your privacy settings in your account on the Platform. 4.5 Tracking on your Thermomix® 4.5.1 In the event that you have given your consent to track usage behavior on the Thermomix®, the following applies. 4.5.2 When connected to the internet, the Thermomix® transfers the following data to Vorwerk International: • IP address • Thermomix® serial number • User ID • If applicable, Cook-Key® ID (MAC address) • Latitude and longitude (derived from the IP address) • Postal/Zip code (derived from the IP address) • Functions or settings and related parameters used (e.g., cooking, mixing with revolutions / minute) • Timestamp and duration of the functions used • The data collected during the connection of a Thermomix® to the internet as described in section 3.4.1 • Usage data per cooking session: User activity (e.g., which recipe was prepared, which Thermomix® functions were used) 4.5.3 The above data will be transferred to the Vorwerk Group Companies and will be used for the following purposes: • Improve the user experience when using Thermomix® • Suggest and recommend more relevant content (such as recipes) • Suggest similar recipe collections • Filter search results • Analyze usage data • Insights on user behavior and interaction with the Platform and Thermomix® • Improvement of services and products • Recommendation of relevant and personalized content • Insights about user behavior and interaction with the Thermomix® 4.5.4 In addition to the above, the Vorwerk Group Companies may provide your Thermomix® Consultant with data relating to the use of the Thermomix®. Based on the data shared, your Thermomix® Consultant may contact you in order to provide you with content and offers corresponding with your possible interests. a contact via email will only take place to the extent you additionally consented to the reception of such marketing emails. 4.5.5 The provisions contained in this section 4.5 apply only to the use of the Thermomix® and only if the Thermomix® is connected to the internet. They do not apply to the use of the Platform. 4.5.6 If you use the TM5 appliance you may find the exact wording of your consent declaration under Settings | Privacy | Diagnostics. I agree that my use of the Thermomix® may be tracked by Vorwerk International &amp. Co. KmG, Switzerland and transferred to Vorwerk, LLC and to my Thermomix® Consultant (all hereafter referred to as “Vorwerk”), and that Vorwerk may analyze my usage in order to improve the products and services and to provide me with content and offers corresponding to my possible interests. Further details are given in section 4.5 of the Privacy Policy. 4.5.7 If you use the TM6™ appliance you may find the exact wording of your declaration of consent under Account | Data Usage. 4.5.8 When using the TM5 appliance you may withdraw your consent at any time by changing your privacy settings on the Thermomix® in the settings menu Settings | Privacy | Diagnostics and usage on the Thermomix®. In addition, to effectively withdraw your consent when using the TM5 device, you must successfully synchronize your Thermomix® with Cookidoo® after changing the settings. 4.5.9 When using the TM6™ appliance you may withdraw your consent at any time by changing the privacy settings on the Thermomix® in the settings menu Settings | Privacy | Data Usage and use on the Thermomix® or change the settings of use of the data in your profile in Account | Data Usage. 5 Customer Service 5.1 When you contact customer service, we may collect certain data. Depending on the type of contact initiated and the type of requests received, such data may range from that related to the correction of a technical problem to requests for data protection such as data access or data deletion. If necessary, we may also process the data described in sections 2.4.1, 2.5.1, 3.4.2, 4.4.2, 4.5.2 to respond to your requests. 5.2 The data listed above will be used in order to fulfil the specific customer service request. 5.3 The data listed above is processed on the legal basis of performance of a contract and/or consent. 6 Payment data 6.1 When purchasing products or services on the Platform, you will have to submit payment information in order to allow for the processing of payments (depending on the payment method, e.g., a credit card number or a PayPal identifier). 6.2 In order to prepare a proper invoice, the following data will be required (* = requested data): • Country* • Title* • First and last name* • Address* 6.3 The data listed above will be used in order to process the purchase. This data is processed on the legal basis of performance of a contract. 7 Email Marketing 7.1 Vorwerk, LLC periodically communicates information on special offers and promotional discounts via e-mail. In the marketing e-mails you will be provided with information on Vorwerk, LLC products and current offers and surveys, provided that you have registered. 7.2 By accepting the receipt of e-mails, the following data will be processed: • Email address • Membership status • Registered devices • Country of residence • Type of membership 7.3 The data listed above is used by Vorwerk, LLC in order to provide marketing e-mails that may correspond with your possible interests (for example information on products and current offers and surveys). 7.4 You may unsubscribe from marketing emails at any time, either by canceling your Cookidoo® membership or by clicking on the unsubscribe link at the bottom of each marketing e-mail. 7.5 You may find the complete text of your declaration of consent in Account | Data Usage. 7.6 The data listed in this section is processed based on consent. 8 Recipients of Personal Data 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: • Service providers with whom personal data is shared • Other business partners that provide services to us, such as: <ul> <ul> <li>IT hosting providers</li> <li>Communication service providers</li> <li>Payment service providers</li> <li>Customer service providers</li> <li>Marketing service providers</li> </ul> </ul> 8.3 Synchronization and updating of customer data between Vorwerk Group companies 8.3.1 The Vorwerk Group companies intend to keep the customer contact details up to date. The Thermomix® and the Platform may be provided by different Vorwerk Group Companies. In the event that you provide updated contact details to one of the Vorwerk Group Companies, we wish to be able to update this information also at the other Vorwerk Group Company. In order to do this, we ask that you consent to synchronize such data. 8.3.2 In the event that you have given your consent for the synchronization of customer data between the Vorwerk Group Companies, the following data will be exchanged between the Vorwerk Group Companies, where such data exists: • User account data as described in section 2.5.1 • Your Thermomix® or Cook-Key® serial number as described in section 2.6.1 8.3.3 The data listed above will be exchanged between and processed by the Vorwerk Group Companies in order to keep their databases up to date. Further processing will take place only if legally permitted, e.g., tracking of usage behavior in case of additional consent subject to section 4 or marketing via e-mail in case of additional consent subject to section 7. 8.3.4 You may withdraw your consent at any time by sending an email to service@thermomix.us or changing your privacy settings on the Platform in your user account. 8.3.5 You may find the exact wording of your consent under Account | Data Usage. 8.3.6 The data reported in this section are treated on the legal basis of the consent. 8.4 Sharing data with law enforcement agencies 8.4.1 We may be obliged to transfer personal data to police authorities. 8.4.2 In the event that we experience unlawful behavior while using the Platform or Thermomix®, the Vorwerk Group Companies reserve the right to share all relevant information for the purpose of preventing and prosecuting crimes, as well as for pursuing our legitimate interest in protecting our activities and the users of Cookidoo® or Thermomix®. 9 Your Rights (if you are an EU resident) 9.1 Right of Access You have the right to ask if the Vorwerk Group Companies processes your personal data and, if so, that Vorwerk, LLC provides you with access to, and information on, the data stored by Vorwerk, LLC with regard to your person and your pseudonym. 9.2 Right of Correction You have the right to correct your personal data if the personal data collected is inaccurate. 9.3 Right of Deletion 9.3.1 Under certain circumstances, you have the right to request the deletion of your personal data without undue delay. Such circumstances may be, for example, if personal data is no longer necessary for the purpose(s) for which it was collected or if you withdraw the consent on which our processing is based and if there is no other legal basis for the processing. 9.3.2 You may completely delete your user account on the Platform. To this end, it is sufficient to send an e-mail indicating in the subject line “delete my profile” to service@thermomix.us. The use of Cookidoo® and the App will no longer be possible once the user account has been deleted. 9.3.3 You may also delete the following data: • The data recorded on the Thermomix® may be deleted using the reset function in the Thermomix® settings menu • The network settings on your Thermomix® connected to the internet by means of the restore function to the initial state of the network in the “settings” section of the Thermomix® menu • Recipes stored on the Thermomix® or the Cook-Key®, by using the reset function in the “settings” section of the Thermomix® menu 9.4 Right to Restrict Processing 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 defense of legal claims. 9.5 Right to Data Portability Under certain circumstances, you have the right to receive the personal data you provided to us, in a structure, commonly used and machine-readable format, and have the right to transmit that information to another data controller without hindrance or to ask us to do so. 9.6 Right to Object to Processing 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 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 given to us, you have the right to withdraw that consent at any time. Please note that withdrawal of consent does not affect the lawfulness of consent-based processing prior to its withdrawal. 9.7.2 For specific instructions on how to withdraw consent, please also consult the • section 4, in particular sections 4.4.7 and 4.5.8 concerning the tracking of use on the Platform and on your Thermomix® • Section 7.4 which indicates how to unsubscribe from marketing emails • section 8.3.4 concerning the synchronization of customer data between Vorwerk Group Companies 9.6 How to Exercise Data Protection Rights For questions regarding the collection, processing, use, disclosure, correction, blocking, deletion, or objection to a specific type of processing of the data or the right to data portability, contact service@thermomix.us. 10 Data Security The Vorwerk Group Companies have implemented appropriate technical and organizational measures aimed at preventing accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to personal data transmitted, stored or otherwise processed. 11 Retention and Deletion of Data 11.1 We keep your personal data and other information (e.g., such as accounting data relating to your purchases) for the time necessary to provide our services to you, to allow you to use our websites and our products, to comply to the applicable laws (including those relating to the preservation of documents), to resolve disputes with any parties and, if necessary, to enable us to conduct our business. Consequently, we delete personal data as soon as it is no longer necessary for the purposes mentioned above. 11.2 In the event that the processing is based on consent and you withdraw your consent, we will delete or make anonymous your personal data without undue delay after such withdrawal, unless there is a legal basis for storing the data. 11.3 If we store personal data for the sole purpose of complying with the laws on document retention, we will store such personal data in archiving mode. This means that access to this personal data is strictly limited to those people who may need to access it in order to comply with the aforementioned laws. 11.4 Among the criteria used to define the duration of the storage periods of your personal data is the retention obligation under applicable laws, regulations, and our operational requirements, such as account maintenance, management of consumer relations and responding to legal claims, complaints and regulatory and law enforcement requests. If you have questions about a specific retention period for certain types of personal data processed, please contact us at service@thermomix.us. 12 Google Analytics and Google Tag Manager Cookidoo® and the App use Google Analytics and the Google Tag Manager, which are both web analysis services provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The information generated by the cookie regarding your use of Cookidoo® and the App is usually transferred to a Google server in the USA and is stored there. You may prevent collection by Google of the data generated by the cookie and relating to your use of Cookidoo® and the App (including your IP address), as well as processing of this data by Google, by downloading and installing the browser plug-in provided at the following link: https://tools.google.com/dlpage/gaoptout. As an alternative to the browser plugin or within browsers on mobile devices, you may click this link in order to opt-out from being tracked by Google Analytics and the Google Tag Manager within Cookidoo® in the future (the opt-out applies only for the browser in which you set it and within this domain): https://cookidoo.thermomix.com/vorwerkWebapp/app#/profile/my-privacy. An opt-out cookie will be stored on your device, which means that you will have to click this link again if you delete your cookies. 13 Changes to the Privacy Policy We may change this privacy policy from time to time. We will post these changes in this policy and suggest that you revisit this policy periodically to stay informed of any changes.