A. General information
Please take note of the information below to know what personal data we collect from you and for what purposes we use it. In data protection matters, we are guided primarily by the legal requirements of Swiss data protection law, in particular the Federal Act on Data Protection (FADP) and the EU General Data Protection Regulation (GDPR), the provisions of which may be applicable in individual cases. Furthermore, other companies are responsible under data protection law (or jointly responsible with us) for individual data processing operations listed below, and in these cases you should also take note of the information provided by these other companies is also applicable.
2. Data sources
TOGA FOOD SA only collects personal data if it is provided by users. Such collection only takes place in the following cases:
- Customer enquiries – If users/customers contact TOGA FOOD SA personally by email or using the contact form on zweifel.ch.
- User account – If users open a user account (profile) using togafood.ch. In this context, the name, username and email address are mandatory fields. If a user wins a competition organised by Zweifel, the address and telephone number of the user will also be collected. Such data will be requested in order to organise the delivery of the prize.
- Newsletter – If users subscribe to the TOGA FOOD SA newsletter. To this end, the email address, name and surname of the user will be required. After subscribing using our standard form, users undergo a double opt-in process (i.e. they have to confirm their subscription again in their email account). Only then will users be added to the list of newsletter subscribers.
- TOGA FOOD SA webshop – Orders placed through the TOGA FOOD SA webshop.
The aforementioned data sources are described in more detail below.
3. Data protection officer
Unless indicated otherwise on a case-by-case basis, TOGA FOOD SA is the controller for the data processing operations described above. If you have any questions or comments or would like to assert your rights, please contact our Consumer Service team:
TOGA FOOD SA
CH-3380 Wangen a/Aare
Phone number 032 631 41 41
You can reach us by phone from Monday to Friday between the hours of 8.00 am and 5.00 pm.
Email: [email protected]
4. Your rights
Provided that the relevant legal requirements are met, as a person affected by data processing you have the following rights:
Right of access: You have the right to request access to your personal data stored and processed by us at any time and free of charge. This gives you the opportunity to check what personal data we process about you and that we use it in accordance with applicable data protection regulations.
Right to rectification: You have the right to have inaccurate or incomplete personal data rectified and to be informed of the rectification. In this case, we will inform the recipients of the data concerned of the adjustments made, unless this is impossible or involves disproportionate effort.
Right to deletion: You have the right to have your personal data deleted under certain circumstances. In individual cases, especially in the case of legal retention obligations, the right to deletion may be excluded. In this case, we may block your data instead, provided the conditions are met.
Right to restrict processing: You have the right to request that the processing of your personal data be restricted.
Right to data transfer: You have the right to obtain from us, free of charge, the personal data you have provided to us in a readable format.
Right to object: You can object to the processing of your data at any time, in particular for data processing in connection with direct advertising (e.g. advertising emails).
Right of withdrawal: In principle, where you have given consent you have the right to withdraw that consent at any time. However, processing activities that have already taken place based on your consent do not become unlawful because of your revocation of consent.
To exercise these rights, please send us an email to the following address:
Right of complaint: You have the right to lodge a complaint with a competent supervisory authority, for example against the way your personal data is processed.
5. Data security
We use appropriate technical and organisational security measures to protect your personal data stored with us against loss and unlawful processing, namely unauthorised access by third parties. Our employees and the service companies commissioned by us are obliged by us to maintain confidentiality and data protection. Furthermore, these persons are only granted access to the personal data to the extent necessary for the fulfilment of their tasks.
Our security measures are continuously adapted in line with technological developments. However, the transmission of information via the Internet and electronic means of communication always involves certain security risks and we cannot provide an absolute guarantee for the security of information transmitted in this way.
6. Contact us
If you contact us via our contact addresses and channels (e.g. by email, telephone or contact form), your personal data will be processed. The data you have provided us with, e.g. the name of your company, your name, your function, your email address or telephone number and your request, will be processed. In addition, the time of receipt of the request will be documented. Data that it is mandatory you provide are marked with an asterisk (*) in the relevant contact form.
We process this data exclusively in order to implement your requests (e.g. providing information about a product, support in the processing of a contract such as the return of products, incorporating your feedback into the improvement of our service, etc.). The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 para. 1 lit. f EU-GDPR in the implementation of your request or, if your request is directed towards the conclusion or execution of a contract, the necessity for the implementation of the required measures within the meaning of Art. 6 para. 1 lit. b EU-GDPR.
7. Use of your data for marketing purposes
7.1 Central data storage and analysis in our CRM system
If it is possible to clearly identify you, we will store and link the data described in this data protection declaration, in particular your personal details, your contact details, your contract details and your surfing behaviour on our websites, in a central database. This serves the efficient administration of customer data, allows us to adequately respond to your requests and enables the efficient provision of the services you have requested and the processing of the associated contracts. The legal basis for this data processing is our legitimate interest in the efficient management of user data within the meaning of Art. 6 para. 1 lit. f EU-GDPR.
We evaluate this data in order to further develop our offers in a needs-oriented manner and to display and suggest the most relevant information and offers to you. We also use methods that predict possible interests and potential future orders based on your website use. The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 para. 1 lit. f EU-GDPR in carrying out marketing measures.
7.2 Email marketing and newsletters
If you register for our email newsletter (e.g. when opening or within your customer account), the following data will be collected. Mandatory data is marked with an asterisk (*) in the registration form:
- Email address
- First and last name
In order to avoid misuse and to ensure that the owner of an email address has actually given their consent, we use a double opt-in procedure for registration. After sending the registration form, you will receive an email from us containing a confirmation link. In order to definitely register for the newsletter, you must click on this link. If you do not click on the confirmation link within the specified period, your data will be deleted again and our newsletter will not be sent to this address.
By registering, you consent to the processing of your data in order to receive messages from us about our company, our offers and related products and services. This may also include invitations to participate in competitions or to evaluate our products and services. The collection of the salutation and name allows us to verify any link between the registration and a possibly already existing customer account and to personalise the content of our messages to you. The link to a customer account helps us to make the offers and content contained in the newsletter more relevant to you and better tailored to your potential needs.
We will use your data to email you until you revoke your consent. Revocation is possible at any time, in particular via the unsubscribe link in all our marketing emails.
Our marketing emails may contain a so-called web beacon or 1×1 pixel (tracking pixel) or similar technical tools. A web beacon is an invisible graphic that is linked to the user ID of the respective newsletter subscriber. For each marketing email sent, we receive information on which addresses have not yet received the email, to which addresses it was sent and for which addresses the sending failed. We also see which addresses have opened the email, for how long and which links they have clicked on. Finally, we receive information about which addresses have unsubscribed. We use this data for statistical purposes and to optimise our promotional emails in terms of frequency, timing, structure and content. This allows us to better tailor the information and offers in our emails to the individual interests of recipients.
The web beacon is deleted when you delete the email. To prevent the use of the web beacon in our marketing emails, please set the parameters of your email program so that HTML is not displayed in messages if this is not already the case by default. In the help section of your email software you will find information on how to configure this setting, e.g. here for Microsoft Outlook.
By subscribing to the newsletter, you also consent to the statistical evaluation of user behaviour for the purpose of optimising and adapting the newsletter. This consent constitutes our legal basis for the processing of your data within the meaning of Art. 6 para. 1 lit. a EU-GDPR.
8. Disclosure of data to and access to data by third parties
TOGA FOOD SAdoes not disclose personal data to third parties for direct marketing purposes. The cases in which TOGA FOOD SAwill disclose data to third parties are listed below.
Without the support of other companies, we would not be able to provide our services in the desired form. In order for us to be able to use the services of these companies, it is also necessary to pass on your personal data to a certain extent. Such a transfer takes place to the extent that it is necessary for the fulfilment of the contract requested by you, for example to the logistics or transport companies that deliver the requested products, or to a manufacturer who is to fulfil your warranty claim. The legal basis for these disclosures is the necessity for the performance of the contract within the meaning of Art. 6 para. 1 lit. b EU-GDPR.
In addition, your data may be disclosed to authorities, legal advisors or debt collection agencies, if we are legally obliged to do so or if this is necessary to protect our rights, in particular to enforce claims arising from our relationship with you. Data may also be disclosed if another company intends to acquire our company or parts thereof and such disclosure is necessary to carry out due diligence or to complete the transaction. The legal basis for this data transfer is our legitimate interest within the meaning of Art. 6 para. 1 lit. f EU-GDPR in safeguarding our rights and complying with our obligations or the sale of our company.
9. Transfer of personal data abroad
10. Retention periods
TOGA FOOD SA holds customer competitions (hereinafter referred to as ‘competitions’) at irregular intervals. TOGA FOOD SA provides customers with the following three ways of taking part in these competitions:
11.1 Participation via website
TOGA FOOD’s current competitions are listed on togafood.ch/int_en/competitions. Ultimately, to participate in the competition, users have to log in or register and provide their data. This data consists of the user’s email address, username and password. When a user registers for an account, the following data must be provided:
- First name
- Email (plus confirmation)
- Password (plus confirmation)
- Date of birth
TOGA FOOD SA uses the data (specifically the user’s first name, surname, email address and username) so that it can contact users in the event that they win. Furthermore, TOGA FOOD SA uses the data it collects to generate statistics relating to its competitions that are then used for internal analyses. The statistics are not personal; they merely show the number of participants per competition and time period. The registered users whose personal data has been collected will not be sent any advertisements or emails.
11.2 Participation by text message
In addition to participating using the online form, users can participate in TOGA FOOD SA competitions by text message. The user’s mobile number is logged when the user sends a keyword to a free number. If users win an instant prize, they will receive a notification and a prize code. Users can then log in or register on the TOGA FOOD SA website to claim the instant prize. The same process takes place if participants win the main draw. The mobile number of the user is stored for the main draw. Storing the mobile number does not make it possible to draw conclusions about individual persons.
C. Special provisions applicable to use of our website
12. Log file data
When you visit our website, the servers of our hosting provider temporarily store every access in a log file. The following data is collected without your intervention and stored by us until automatically deleted:
- the IP address of the requesting computer,
- the date and time of access,
- the name and URL of the retrieved file,
- the website from which the access was made, if applicable with the search word used,
- the operating system of your computer and the browser you use (incl. type, version and language setting),
- device type in case of access by mobile phones,
- the city or region from where the access was made,
- the name of your internet access provider.
The collection and processing of this data is carried out for the purpose of enabling the use of our website (connection establishment), to permanently guarantee system security and stability as well as for error and performance analysis and enables us to optimise our website (see on these last points also Section 15).
In the event of an attack on the network infrastructure of the website or a suspicion of other unauthorised or abusive website use, the IP address and the other data will be evaluated for the purpose of clarification and defence and, if necessary, used in the context of criminal proceedings to identify and take civil and criminal action against the users concerned.
Our legitimate interest in data processing within the meaning of Art. 6 para. 1 lit. f EU-GDPR lies in the purposes described above.
Cookies are information files that your web browser stores on your computer’s hard drive or memory when you visit our website. Cookies are assigned identification numbers that identify your browser and allow the information contained in the cookie to be read.
The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 para. 1 lit. f EU-GDPR in providing a user-friendly and up-to-date website.
You may also be able to configure your browser so that no cookies are stored on your computer or so that a message always appears when you receive a new cookie. On the following pages you will find explanations of how you can configure the processing of cookies in selected browsers.
Deactivating cookies may mean that you cannot use all the functions of our website.
14. Google SiteSearch / Google Custom Search Engine
The website uses the Google SiteSearch/Google Custom Search Engine of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). This enables us to provide you with an efficient search function on our website.
When using our search fields, your browser may transmit the log file data listed in Section 12 (including your IP address) as well as the search term you entered to Google, if you have installed Java script in your browser. If you would like to prevent the transmission of data, you can deactivate Java script in your browser settings (usually in the “Privacy” menu). Please note that the search function and other functions of the website may be impaired in this case.
The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 para. 1 lit. f EU-GDPR in providing an efficient website search function.
15. Tracking and web analysis tools
15.1 General information on tracking
For needs-based design and continuous optimisation of our website, we use the web analysis services listed below. In this context, pseudonymised usage profiles are created and cookies are used (please also refer to Section 11). The information generated by the cookie about your use of our website is usually transferred together with the log file data listed in Section 10 to a server of the service provider, where it is stored and processed. This may also result in a transfer to servers abroad, e.g. the USA (see on this point, in particular on the guarantees taken, Section 8).
In processing this data, we obtain the following information, among others:
- navigation path followed by a visitor on the site (inclunding content viewed and products selected or purchased),
- time spent on the website or subpage,
- the last subpage viewed before leaving the website,
- the country, region or city from where access is made,
- end device (type, version, colour depth, resolution, width and height of the browser window), and
- returning or new visitor.
The provider will use this information on our behalf to evaluate the use of the website, to compile reports on website activities for us and to provide other services related to website and internet use for the purposes of market research and needs-based design of these internet pages. For these processing operations, we and the providers may to a certain extent be considered joint data controllers.
The legal basis for this data processing with the following tools is your consent within the meaning of Art. 6 para. 1 lit. a EU-GDPR. You can revoke your consent or refuse processing at any time by rejecting or deactivating the relevant cookies in your web browser settings (see Section 13) or by making use of the service-specific options described below.
For the further processing of your data by the respective provider as the (sole) data protection controller, in particular also any forwarding of this information to third parties such as authorities on the basis of national legal regulations, please refer to the respective data protection information of the provider.
15.2 Google Analytics and Google Signals
We use the web analytics service Google Analytics from Google Ireland Limited (Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland) or Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) (“Google”).
The data described about the use of the website may be transmitted to the servers of Google LLC. in the USA for the processing purposes explained (see Section 15.1). The IP address is shortened by activating IP anonymisation (“anonymizeIP”) on the website before transmission within the Member States of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
TOGA FOOD SA uses this data to track user flows on the website, obtain statistical analyses of campaigns and improve the usability of the website. The data is not personal and no conclusions about individual persons can be drawn.
Google Signals (Signals) recognises individual users who are logged in with their Google account and have activated personalised advertising. It also collects session data from websites and apps that Google links to these users. This session data is anonymised and is not available to Zweifel. TOGA FOOD SA only receives aggregated data from Google. Individual users’ data is not disclosed.
If the requirements are met (if the user is logged into a Google account and personalised advertising is activated), Google collects data on how the website is used for the processing purposes explained (see section 15.1). Google has access to this data for 14 months. No user ID data is collected.
Google uses the information for the following activities.
- Analysis of user behaviour on the website
- To compile reports on website activity that can be used by the website operator (through a Google Analytics account)
- To provide other services of the Google Group
Additionally, Google can transmit this data to third parties where prescribed by law and/or if the third parties process data on behalf of the Google Group.
Users can prevent the collection of the data generated by the cookie and related to their website use (inclunding the IP address) and its transmission to and processing by Google by downloading and installing a browser plugin under the following link: http://tools.google.com/dlpage/gaoptout?hl=en. Further information on data protection at Google can be found here.
15.3 Meta (Facebook) Pixel
Our website uses the Meta pixel from the social network Facebook, which is operated by Meta Platforms Inc., 1601 S California Ave, Palo Alto, CA 94304, USA, or, for Europe, Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (hereinafter referred to as ‘Meta’). The Meta (Facebook) pixel enables Meta to identify the users of our website as a target group for advertisements (i.e. Facebook ads). Consequently, we use the Meta pixel to only show our Facebook ads to Facebook users who have shown an interest in our website. By using the Meta pixel, we want to ensure that our Facebook ads match the potential interests of users and do not bother anyone. With the Meta pixel, we can also gauge the effectiveness of Facebook ads for statistical and market research purposes because we can see whether users are redirected to our website when they click on a Facebook ad. These analyses are aggregated and are not specific to any individual.
You can object to the collection of your data by the Meta pixel and to the use of your data to display Facebook ads. To do so, you can visit the page set up by Meta and follow the instructions on how to configure activity-based advertisements: https://www.facebook.com/settings?tab=ads or object through the American website http://www.aboutads.info/choices/ or the European website http://www.youronlinechoices.com/. The settings are not dependent on your platform, i.e. they apply to all devices such as your desktop computer and mobile devices.
15.4 Meta Conversion API
We use Meta Conversion API (a server-side tracking tool that enables direct connection of marketing data with Meta) on our website. This is a data interface through which we transfer data about your behaviour on our website to Meta for analysis. This enables us to show you advertisements that match your user behaviour on our website. The provider of this service is Meta (see section 16.3).
We transfer data on user behaviour to Meta. This data pertains to the use of the website for the processing purposes explained (see section 15.1), as well as email addresses and phone numbers. Meta also processes this data in the United States, among other places.
The legal basis for data processing is your consent pursuant to Art. 6 (1) (a) of the GDPR.
You can object to the use of your data for data processing purposes within the Meta Conversion API. To do so, you can visit the page set up by Facebook and follow the instructions on how to configure activity-based advertisements: https://www.facebook.com/settings?tab=ads or object through the American website http://www.aboutads.info/choices/ or the European website http://www.youronlinechoices.com/. The settings are not dependent on your platform, i.e. they apply to all devices such as your desktop computer and mobile devices.
16. Social Media
16.1 Social media profiles
Our website contains links to our profiles on the social networks of the following providers:
- Meta Platforms Inc., 1601 S California Ave, Palo Alto, CA 94304, USA;
- Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA;
- Twitter, Inc., headquartered at 1355 Market Street, Suite 900, San Francisco, CA 94103, USA;
- LinkedIn Unlimited Company, Wilton Place, Dublin 2, Ireland;
- TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland;
- Pinterest Inc., 651 Brannan Street, San Francisco, CA 94107, USA;
- Snap Inc., c/o Fieldfisher (Germany) LLP, Am Sandtorkai 68, 20457 Hamburg, Germany.
If you click on the social networks’ icons, you will automatically be redirected to our profile on the network in question. This establishes a direct connection between your browser and the respective social network’s server. Doing so provides the network with the information that you have visited our website with your IP address and clicked on the link.
If you click on a link to a network while you are logged into your user account with the network in question, the content of our website can be linked to your profile, thus enabling the network to associate your visit to our website directly with your account. If you want to prevent this, you should log out before clicking on the relevant links. A connection between your access to our website and your user account takes place in any case if you log into the respective network after clicking on the link. The respective provider is the controller under data protection law for the associated data processing operations. As such, please observe the information on the network’s website.
The legal basis for any data processing attributed to us in this regard is our legitimate interest within the meaning of Art. 6 para. 1 lit. f EU- GDPR in the use and promotion of our social media profiles.
16.2 Social Media Plugins
On our website, you can use social plugins from the providers listed below:
- Instagram Inc, 1601 Willow Road, Menlo Park, CA 94025, USA, privacy notice;
- Linkedin Unlimited Company, Wilton Place, Dublin 2, Ireland, privacy notice.
We use the social plugins to make it easier for you to share content from our website. The social plugins help us to increase the visibility of our content on social networks and thus contribute to better promotion of our offerings.
The plugins are deactivated by default on our websites and therefore do not send any data to the social networks when you simply call up our website. To increase data protection, we have integrated the plugins in such a way that a connection is not automatically established with the network’s servers. Only when you activate the plugins and thus give your consent to the transmission and further processing of data by the providers of the social networks, does your browser establish a direct connection to the servers of the respective social network.
The content of the plugin is transmitted directly to your browser by the social network and integrated into the website by it. This provides the respective provider with the information that your browser has accessed the corresponding page of our website, even if you do not have an account with this social network or are not currently logged in to it. This information (including your IP address) is transmitted from your browser directly to a server of the provider (usually in the USA) and stored there. We have no influence on the scope of the data that the provider collects with the plugin, although from a data protection perspective we can to a certain extent be considered jointly responsible with the relevant social network provider.
If you are logged in to the social network, it can assign your visit to our website directly to your user account. If you interact with the plugins, the corresponding information is also transmitted directly to a server of the provider and stored there. The information (e.g. that you like a product of ours) may also be published on the social network and possibly displayed to other users of the social network. The provider of the social network may use this information for the purpose of placing advertisements and designing a respective offering according to your interests. For this purpose, usage, interest and relationship profiles could be created, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on the social network, to inform other users about your activities on our website and to provide other services associated with the use of the social network. The purpose and scope of the data collection and the further processing and use of the data by the providers of the social networks, as well as your rights in this regard and options for changing your settings to protect your privacy can be found directly in the data protection information of the respective provider.
If you do not want the provider of the social network to assign the data collected via our website to your user account, you must log out of the social network before activating the plugins. Your consent within the meaning of Art. 6 para. 1 lit. a EU- GDPR forms the legal basis for the data processing described. You can revoke your consent at any time by declaring your revocation to the provider of the plugin in accordance with the information in their data protection notice.
16.3 Other Plugins
16.3.1 ADD THIS
A plugin called AddThis is used on togafood.ch. By using AddThis, users can share individual pages of togafood.ch on various social networks through their personal user account (with the ‘Share’ feature).
The share feature can be identified by the icon of each social network. The feature is activated when the user clicks on the icon. By clicking, website users will be redirected to the social network in question. At this point, the user will be prompted to enter their personal login data. If the user is already logged in, they will be redirected straight to their user profile. TOGA FOOD SA cannot identify you as a user of a social network.
AddThis is provided by Oracle America, Inc. (hereinafter referred to as ‘Oracle’), 500 Oracle Parkway, Redwood Shores, CA 94065, USA. To ensure an adequate level of data protection, Oracle has had itself certified under the EU–US Privacy Shield. Its registry entry can be found here. You can find more information about how your data is handled when you use AddThis here.
The plugin Juicer is used based on Facebook Social Graph to enable us to display our social media posts on our website. The plugin is a service provided by Juicer LLC, 1515 7th Street #424, Santa Monica, CA 90401, USA.
Juicer does not track the personal data of website users and does not disclose data to social networks.
17. Online advertising and targeting
17.1 In general
We use services of various companies to provide you with interesting offers online. In the process of doing this, your user behaviour on our website and websites of other providers is analysed in order to subsequently be able to show you online advertising that is individually tailored to you.
Most technologies for tracking your user behaviour and targeting advertisements work with cookies (see also Section 11), which can be used to recognise your browser across different websites. Depending on the service provider, it may also be possible for you to be recognised online even when using different end devices (e.g. laptop and smartphone). This may be the case, for example, if you have registered for a service that you use with several devices.
- Information about you that you provided when registering or using a service from advertising partners (e.g. your gender, age group);
- User behaviour (e.g. search queries, interactions with advertising, types of websites visited, products viewed and purchased, newsletters subscribed to).
We and our service providers use this data to identify whether you belong to the target group we address and take this into account when selecting the advertisements. For example, after you have visited our site, you may be shown advertisements of the products you have consulted when you visit other sites (“re-targeting”). Depending on the scope of the data, a user’s profile may also be created, which is evaluated automatically, and the ads are selected according to the information stored in the profile, such as membership of certain demographic segments or potential interests or behaviours. Such ads may be presented to you on various channels, which include, in addition to our website or app (as part of onsite and in-app marketing), ads provided through the online advertising networks we use, such as Google.
The data may then be analysed for the purpose of billing the service provider and assessing the effectiveness of advertising measures in order to better understand the needs of our users and customers and to improve future campaigns. This may also include information that the taking of an action (e.g. visiting certain sections of our website or sending information) is due to a particular advertising ad. We also receive aggregated reports from service providers of ad activity and information about how users interact with our website and ads.
The legal basis for this data processing is your consent within the meaning of Art. 6 para. 1 lit. a EU-GDPR. You can revoke your consent at any time by rejecting or deactivating the relevant cookies in the settings of your web browser (see Section 13). You can also find further options for blocking advertising in the information provided by the respective service provider, such as Google.
17.2 Google Ads
The legal basis for this data processing is your consent within the meaning of Art. 6 para. 1 lit. a EU-GDPR. You can revoke your consent at any time by rejecting or deactivating the relevant cookies in the settings of your web browser (see Section 13). Further options for blocking advertising can be found here.
18. Registration for a customer account
If you open a customer account on our website, we collect the following data, whereby mandatory data is marked with an asterisk (*) in the corresponding form:
- Personal data:
- First name
- Billing and delivery address
- Company name, company address and VAT no. for corporate clients
- Login data:
- E-mail address
- Further information:
We use the personal details to establish your identity and to check the requirements for registration. The email address and password are used as login details to ensure that the correct person is using the website under your account. We also need your email address to verify and confirm the opening of your account and for future communication with you as required to process the contract. In addition, this data is stored in the customer account for conclusion of future contracts. For this purpose, we also enable you to store further details in the account (e.g. your preferred means of payment).
We also use the data to provide an overview of the products ordered and services received (see Sections 18 and 23) and as a simple way to manage your personal data, to administer our website and our contractual relationships, i.e. to establish, define the content of, process and amend the contracts concluded with you via your customer account.
We process the information on language and gender in order to display offer suggestions on the website that are best tailored to your profile or your personal needs, for statistical recording and evaluation of the selected offers and thus to optimise our suggestions and offers.
The legal basis for the processing of your data for the preceding purpose is your consent pursuant to Art. 6 para. 1 lit. a EU-GDPR. You can revoke your consent at any time by removing the information from your customer account or by deleting your customer account or having it deleted by notifying us.
To avoid misuse, you must always keep your login details confidential and should close the browser window when you have finished communicating with us, especially if you share the computer with others.
19. Ordering products
If you wish to order products or to book services on the website, we require various data for the processing of the contract. If you do not log in with your customer account (see Section 17), we collect the following data – depending on the product or service – whereby mandatory data is marked with an asterisk (*) in the corresponding form:
- First name
- Billing and delivery address
- Email address
- Company name, company address and VAT no. for corporate clients
- Telephone number
We use the data to establish your identity before concluding a contract. We also need your e-mail address to confirm your order and for future communication with you that is necessary to process the contract. We store your data together with the marginal data of the order (e.g. time, order number, etc.), the data regarding the ordered/booked services (e.g. designation, price and features of the product; “product data”), the data on payment (e.g. selected payment method, confirmation of payment and time; see also Section 19) as well as the data on the processing and fulfilment of the contract (e.g. return of products, use of service or warranty services, etc.) in our CRM database (see also Section 6.1) so that we can ensure correct order processing and contract fulfilment.
Insofar as this is necessary for the fulfilment of the contract, we will also pass on the required information to any third-party service providers (e.g. transport companies).
The legal basis for this data processing is the fulfilment of the contract with you according to Art. 6 para. 1 lit. b EU-GDPR.
The provision of data that is not marked as mandatory is voluntary. We process this data in order to tailor our offering to your personal needs in the best possible way, to facilitate the processing of contracts, to contact you via an alternative communication channel if necessary with a view to fulfilling the contract, or for statistical collection and evaluation to optimise our offerings. The legal basis for this data processing is your consent within the meaning of Art. 6 para. 1 lit. a EU-GDPR. You can revoke your consent at any time by notifying us.
20. Online payment processing
In doing so, please always also note the information provided by the respective company, in particular the data protection declaration and the general terms and conditions. The legal basis for this transfer is the fulfilment of a contract according to Art. 6 para. 1 lit. b EU-GDPR.
If customers choose to pay by invoice, then after placing an order (‘Complete order’), they will receive a shipping confirmation as an email with the invoice attached. Invoices are created using the Run My Accounts accounting system. Run My Accounts AG is headquartered in 8712 Stäfa, Switzerland, and processes customer data for accounting purposes. This means that Run My Accounts matches the outstanding invoices (debtors) to the payments received and enters them in the books. Payments received and outstanding (unpaid) invoices are exchanged, and TOGA FOOD SA follows up on the unpaid invoices on an individual basis. This process is carried out based on legal bookkeeping obligations.
To avoid payment incidents, the necessary data, in particular your personal details, may also be transmitted to a credit agency so that an automated credit check can be performed. In this context, the credit agency may assign you a ‘score’, which is an estimate of the future risk of default (e.g. based on a percentage). The score is collected using mathematical/statistical methods and includes credit agency data procured from other sources. In accordance with the information received, we reserve the right to not offer you the ‘invoice’ payment method. The legal basis for this data processing operation is our legitimate interest in avoiding payment defaults pursuant to Art. 6 (1) (f) of the GDPR.