The New Orchard Privacy Policy
New
Orchard Privacy Policy
Through this data protection statement, we
inform you about which personal data (data that directly or indirectly
identifies you) we collect and process in connection with our activities. This
applies to all processing activities related to personal data.
We process the received and collected data
responsibly, in accordance with applicable legal regulations and this data
protection statement. Our processing is primarily subject to the Swiss Data
Protection Act (DSG). However, this data protection statement also aims to meet
the requirements of the EU General Data Protection Regulation (GDPR). Whether
and to what extent these regulations apply depends on the individual case.
We are The New Orchard GmbH (Seestrasse 82, 8002
Zurich, Switzerland) and we are responsible for processing your personal data
as described in this document (unless otherwise specified in specific cases).
Any references to "The New Orchard," "we," or
"us" in this privacy statement refer to The New Orchard GmbH.
Responsibility
for data
If you have concerns about data protection, you
can ask us your question here:
hello@theneworchard.com lub: The New
Orchard GmbH
Seestrassse 82
8002, Zurych
Szwajcaria
Collection
and processing of personal data
We mainly process personal data that we receive
from individuals and entities involved in our business relationships with
customers and other business partners, or that we collect from users while
using our website and other applications.
In particular, we collect and process the
following personal data:
As a rule, providing personal data is voluntary,
which means that in most cases you are not obligated to provide us with
personal data. However, we must collect and process personal data that are
necessary or required by law to establish a contractual relationship and
fulfill related obligations. Otherwise, we will not be able to enter into or
continue the respective contract.
If you provide us with data about other
individuals (e.g., family members, recipients), we assume that you are
authorized to do so and that the data are correct. Ensure that these
individuals are familiar with this privacy policy.
When you place an order through our website, we
will store your order information in our records unless you ask us to delete
this information.
Purpose of
processing your data
We primarily process your personal data to enter into
and fulfill our agreements with you, our clients, and our business partners.
Specifically, we use your personal data for the following purposes:
In some cases, you may provide consent for the
processing of your personal data. Where we do not have another legal basis, we
process your personal data based on and within the scope of the consent given.
You can withdraw your consent at any time. Withdrawal of consent does not
affect the processing that took place before its withdrawal.
Data
Security
Taking into account the current state of
knowledge, implementation costs, as well as the nature, scope, circumstances,
and purposes of the processing, and varying likelihood and severity of risks to
the rights and freedoms of individuals, we implement appropriate technical and
organizational measures to ensure that these risks are adequately managed.
These measures include, in particular, ensuring confidentiality, integrity, and
availability of data through physical access controls, as well as monitoring,
control, and securing of access, input, transmission, availability, and
separation of data. We have also established procedures to ensure that the
rights of individuals whose data is processed are respected, data is deleted,
and data is adequately secured. Additionally, we consider data protection in
the development or selection of equipment, software, and processes, adhering to
the principle of Privacy by Design and implementing default settings that are
data protection-friendly.
Data
transfer and data transfer abroad
We may disclose your personal data to trusted third
parties if necessary or appropriate to provide our services or achieve the
purposes specified in this Privacy Policy. This applies particularly to the
following recipients:
As part of our activities, we share your personal
data with third parties to effectively use your personal data as described
above purposes. Additionally, we use Google Analytics to better understand how
our customers use the Website — you can find more information on how Google
uses your personal data here: [link to Google's privacy policy]. You can also
opt-out of Google Analytics here: [link to Google Analytics opt-out tool].
If we process data in a third country (i.e., outside
the European Union (EU) or European Economic Area (EEA)), or if this occurs
through the use of third-party services or the disclosure/transmission of data
to third parties, it will only happen when necessary to fulfill our
pre-contractual obligations, based on your consent, on a legal obligation, or
on our legitimate interests. Subject to legal permissions or contractual
approvals, we process or instruct the processing of data in a third country
only when there are specific safeguards in place, such as an officially
recognized determination of a level of data protection equivalent to the EU
(e.g., in the case of the USA through the "Privacy Shield") or
compliance with officially recognized special contractual requirements (such as
"standard contractual clauses").
Profiling
"Profiling" means automated processing
of personal data to analyze personal aspects or predict (e.g., assessing
personal interests and habits). Generally, preference data is obtained through
profiling. We use profiling particularly for automated processing of basic,
contractual, behavioral, and preference data when using and purchasing our
offers and services, as well as related to our website, events, contests, and
promotions. Specifically, we use profiling to enhance our offerings, tailor
content to your needs, provide you with only relevant advertisements and
offers, and determine available payment options based on creditworthiness
checks. We may also combine personal data from different sources as a basis for
profiling to improve the quality of our analyses and forecasts.
Behavioral Advertising
As described above, we use your personal data to
deliver targeted advertisements or marketing communications that we believe may
interest you. For more information on how targeted advertising works, you can
visit the Network Advertising Initiative's educational page at: http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Rights of
data subjects
Insofar as this applies to you as a potentially
affected person, you have the right to file various claims against us in
accordance with applicable national and international laws. If necessary, we
will reprocess your personal data to fulfill your requests.
You have the following rights regarding your
personal data:
If you would like to exercise your rights
against us, or if you have concerns about the way we process your personal
data, please contact us; You can find contact information in Section 1. To
avoid abuse, it will be necessary to confirm your identity (e.g. by providing a
copy of your ID card). Each data subject also has the right to pursue his or
her claims in court or to file a complaint with the competent data protection
authority. In Switzerland, the responsible data protection authority is the
Federal Commissioner for Data Protection and Information (http://www.edoeb.admin.ch).
Duration
of storage of personal data
We process and store your personal data for as
long as necessary to fulfill our contractual and legal obligations or to
fulfill other processing purposes, for example, for the entire duration of the
business relationship (from its commencement, through its processing, until the
termination of the contract), and in accordance with applicable retention and
documentation regulations. There may be times when personal data is retained
for a period during which claims may be made against our company, and to the
extent required by law or based on legitimate business interests (for example,
for evidence and archiving purposes). When personal data is no longer needed
for the aforementioned purposes, it is usually deleted or anonymized where
possible. For operational data (for example, system logs), shorter retention
periods usually apply.
Cookies
and tracking
On our website, we typically use “cookies” and
similar technologies that can identify your browser or device. “Cookies” are
small files stored on users' devices. They may contain a variety of
information. The main purpose of cookies is to collect information about you
(or the device on which they are stored) during or after your visit to our
website. Temporary cookies, also known as “session cookies” or “transient
cookies,” are deleted when the user leaves the site and closes the browser.
Examples include storing the contents of your shopping cart in an online store
or your login status. Persistent cookies remain stored even after the browser
is closed, storing, for example, the user's login status even days after the
last visit. They may also contain information about a user's interests, used
for outreach analysis or marketing purposes. “Third-party cookies” are cookies
offered by providers other than the operator of our website (if offered
exclusively by us, they are called ‘first-party cookies’).
We may use short-term and long-term cookies and
we present this information as part of this privacy statement. Below we
describe the cookies and similar technologies we use. If you do not want
cookies to be stored on your device, please deactivate the corresponding option
in your browser settings. Stored cookies can also be deleted via your browser
settings. Disabling cookies may limit the functionality of this website.
A general objection to the use of cookies for
marketing purposes can be made, especially in the context of tracking, via the
Network Advertising Initiative (NAI) website in the US at
http://www.aboutads.info/choices/ or the European Your Online Choices website
at http://www.youronlinechoices.com/. In addition, it is possible to disable
the storage of cookies through your browser settings. Please note that if you
do so, some features of this online offering may not be available.
DO NOT
TRACK
Please note that we do not change our practices of
collecting and using data on our website when we receive a Do Not Track signal
from your browser.
a) Google Tag Manager
Google Tag Manager is a tool that allows managing
tags on websites through a user interface (enabling integration of services
such as Google Analytics and other Google marketing tools with our online
offerings). The Tag Manager itself does not process user personal data. For
information on the processing of user personal data, please refer to the
following Google service information. Usage guidelines:
https://www.google.com/intl/de/tagmanager/use-policy.html.
b) Google Analytics
We use Google Analytics, a web analytics service
provided by Google LLC ("Google"), on our website. Google uses
cookies to collect information about how users use our online offerings.
Typically, the generated information is transmitted to and stored on Google
servers in the United States. Google is certified under the Privacy Shield
Framework, ensuring compliance with European data protection laws
(https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our
online offerings, generate reports on website activity, and provide other
services related to internet usage. This data may be used to create
pseudonymous user profiles. We use Google Analytics with IP anonymization
enabled. This means Google truncates the IP addresses of users within EU member
states and other countries within the European Economic Area before they are
transmitted to servers in the USA. Only in exceptional cases will the full IP
address be sent to Google servers in the USA and truncated there. User IP
addresses are not associated with other Google data. Users can block the
storage of cookies by adjusting their browser settings; they can also prevent
Google from collecting data generated by cookies and related to their use of
our online offerings by downloading and installing the browser add-on available
at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
For more information on how Google uses data,
settings, and opt-out options, please refer to Google's Privacy Policy
(https://policies.google.com/technologies/ads) and the Google ad settings
(https://adsettings.google.com/authenticated). User personal data will be
deleted or anonymized after 14 months.
c) Google Universal Analytics We use Google
Analytics in the form of "Universal Analytics". "Universal
Analytics" involves analyzing users using a pseudonymous user ID, which
allows for the creation of pseudonymous user profiles based on information
about their use of various devices (so-called "device tracking").
d) Audience creation using Google Analytics We
use Google Analytics to display ads within Google's advertising services and
its partners only to users who have shown interest in our online offerings or
have specific characteristics (e.g., interests in specific topics or products)
based on the websites they visit, which we transmit to Google
("remarketing" or "Google Analytics audiences"). Through
remarketing audiences, we aim to deliver ads that match users' potential
interests.
e) Google AdSense with personalized ads We use
Google AdSense, which enables us to display ads on our website and earn revenue
from their display or other uses. Data regarding usage, such as ad clicks and
user IP addresses, are processed, with the last two digits of the IP address
truncated. User data processing is done pseudonymously.
f) Google AdSense with non-personalized ads We
use Google AdSense, which displays ads on our website and allows us to earn
revenue from their display or other uses. Data regarding usage, such as ad
clicks and user IP addresses, are processed, with the last two digits of the IP
address truncated. User data processing is done pseudonymously. We use AdSense
with non-personalized ads, which are not displayed based on user profiles.
g) Google AdWords and Conversion Tracking
We employ Google's internet marketing tool
"AdWords" to place advertisements within the Google advertising
network (including search results, videos, websites, etc.) and display them to
users who are likely interested in such ads. This enables us to present ads
within our online offerings in a more targeted manner, tailored to users'
potential interests. For example, if a user sees ads for products they have
previously viewed online, this is known as "remarketing". To achieve
this, when you visit our or other websites within the Google advertising
network, Google automatically executes Google code and remarketing tags
(invisible graphics or codes, also known as "web beacons") integrated
into our website. These tags allow an individual cookie to be stored on the
user's device, which contains information about visited pages, interests,
clicked offers, as well as technical details about the browser, operating
system, referring pages, and visit time. We also receive an individual
"conversion cookie". The information collected via the cookie enables
Google to generate conversion statistics for us. However, we only receive
anonymized numbers of users who clicked on our ad and were redirected to a page
with a conversion tracking tag. We do not receive any information that could
personally identify users. User data is processed pseudonymously within the
Google advertising network. This means that Google does not store or process
names, surnames, or email addresses of users, but processes relevant data from
cookies within pseudonymous user profiles. From Google's perspective, ads are
displayed for the cookie holder, regardless of the user's identity. This does
not apply when a user explicitly allows Google to process data without
pseudonymization. Information about users is transmitted to Google and stored
on Google servers in the USA. For more information on how Google uses data,
settings, and options to object, please refer to Google's privacy policy
(https://policies.google.com/technologies/ads) and Google's ad settings
(https://adsettings.google.com/authenticated).
h) Facebook, niestandardowi odbiorcy i konwersja
na Facebooku
W ramach naszej oferty internetowej korzystamy z
tzw. „piksela Facebooka” z platformy społecznościowej Facebook, zarządzanej
przez Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA lub Facebook
Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irlandia
(„Facebook”). Facebook przestrzega zasad ramy prawnej Tarczy Prywatności,
gwarantując zgodność z europejskim prawem o ochronie danych
(https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
Za pomocą piksela Facebooka Facebook może
identyfikować użytkowników odwiedzających naszą ofertę online jako grupę
docelową do wyświetlania reklam (tzw. „Reklamy na Facebooku”). Dzięki temu
używamy piksela Facebooka do wyświetlania reklam na Facebooku tylko dla
użytkowników Facebooka, którzy wykazali zainteresowanie naszą ofertą online lub
posiadają określone cechy (np. zainteresowania określonymi tematami lub
produktami) na podstawie odwiedzanych stron internetowych, które przekazujemy
do Facebooka (tzw. „niestandardowi odbiorcy”). Piksel Facebooka pomaga również
zapewnić, że nasze reklamy na Facebooku są odpowiednio dopasowane do
potencjalnych zainteresowań użytkowników i nie są uciążliwe. Dodatkowo, za
pomocą piksela Facebooka możemy śledzić skuteczność reklam na Facebooku w
celach statystycznych i badawczych, sprawdzając, czy użytkownicy są
przekierowywani na naszą stronę po kliknięciu reklam (tzw. „konwersja”).
Przetwarzanie danych przez Facebook odbywa się zgodnie z polityką prywatności
Facebooka dotyczącą danych. Ogólne informacje na temat wyświetlania reklam na
Facebooku można znaleźć w polityce prywatności Facebooka:
https://www.facebook.com/policy.php. Szczegółowe informacje na temat piksela
Facebooka i jego działania dostępne są w sekcji Pomocy Facebooka:
https://www.facebook.com/business/help/651294705016616.
Możesz zdecydować się na sprzeciw wobec
zbierania danych za pomocą piksela Facebooka i ich wykorzystywania do
wyświetlania reklam na Facebooku. Aby określić rodzaje reklam, które są
wyświetlane w ramach Facebooka, możesz odwiedzić stronę utworzoną przez Facebooka
i postępować zgodnie z instrukcjami dotyczącymi ustawień reklam opartych na
użytkowaniu: https://www.facebook.com/settings?tab=advertising. Ustawienia te
są niezależne od urządzenia, co oznacza, że mają zastosowanie zarówno do
komputerów stacjonarnych, jak i urządzeń mobilnych. Możesz również używać
plików cookie do pomiaru zasięgu i celów reklamowych za pośrednictwem strony
dezaktywacji Network Advertising Initiative
(http://optout.networkadvertising.org/), amerykańskiej strony internetowej
(http://www.aboutads.info/choices) lub europejskiej strony internetowej
(http://www.youronlinechoices.com/uk/your-ad-choices/).
h) Facebook, Custom Audiences, and Conversion on
Facebook
As part of our online offering, we use the
so-called "Facebook pixel" from the social media platform Facebook,
operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or Facebook
Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
("Facebook"). Facebook adheres to the principles of the Privacy Shield
framework, ensuring compliance with European data protection law
(https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
Through the Facebook pixel, Facebook can
identify users visiting our online offering as a target group for displaying
ads (so-called "Facebook Ads"). Therefore, we use the Facebook pixel
to display ads on Facebook only to Facebook users who have shown interest in
our online offering or have specific characteristics (e.g., interests in
certain topics or products) based on the websites they visit, which we transmit
to Facebook (so-called "custom audiences"). The Facebook pixel also
helps ensure that our ads on Facebook are appropriately tailored to the
potential interests of users and are not perceived as annoying. Additionally,
through the Facebook pixel, we can track the effectiveness of ads on Facebook
for statistical and market research purposes, checking whether users are
redirected to our website after clicking on ads (so-called
"conversion"). Facebook's data processing is carried out in
accordance with Facebook's data policy. General information on displaying ads
on Facebook can be found in Facebook's data policy:
https://www.facebook.com/policy.php. Detailed information about the Facebook
pixel and how it works is available in the Facebook Help section:
https://www.facebook.com/business/help/651294705016616.
You can choose to object to the collection of
data through the Facebook pixel and its use for displaying ads on Facebook. To
determine the types of ads displayed within Facebook, you can visit the page
created by Facebook and follow the instructions for advertising preferences
based on usage: https://www.facebook.com/settings?tab=advertising. These
settings are device-independent, meaning they apply to both desktop computers
and mobile devices. You can also use cookies for measuring reach and
advertising purposes through the Network Advertising Initiative opt-out page
(http://optout.networkadvertising.org/), the U.S. website
(http://www.aboutads.info/choices), or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
Social Media
We manage our online pages and other content on
social media platforms and other third-party platforms (such as fan pages,
channels, profiles), collecting your data (including contact details and
profile data) that you provide to us or the social media platforms, and editing
them. We receive information when you engage with us through our online
presence (e.g., browsing and commenting on posts). From platforms, we also
receive aggregated or sufficiently anonymized data to assess and further
develop our contributions and services. We process your data primarily for
communication, marketing purposes (including advertising on these platforms),
and market research. We may also redistribute content that you publish, remove,
or limit content about you in accordance with our acceptable use guidelines.
Personal data may be processed outside of Switzerland and the European Economic
Area (EEA).
Additionally, platforms assess how you use our
online presence and combine this information with other data they know about
you. They process this data on their own responsibility, particularly for
marketing and research purposes (e.g., personalized advertising) and managing
their platforms (e.g., customizing content displayed to users).
Besides data protection statements, other legal
documents such as Terms and Conditions of Sale and Terms of Use apply when
using platforms.
We currently use the following platforms:
Changes
in privacy policy
We may modify this privacy policy at any time
without prior notice. The current version available on our website applies. In
the event that the Privacy Policy is part of a contract with you, we will
notify you of changes by email or an appropriate means of communication.
