Your data is important to us
- General Information
In this privacy policy, ABS Foods AG (hereinafter referred to as the “company”) explains how we process, collect and use your personal information. This description may not constitute a final list of how we use and process your data and certain matters may be regulated in part or as a whole by other data protection declarations or the General Terms and Conditions. The lawful basis for processing your data may include your consent, the necessity for the performance of a contract, compliance with a legal obligation, protection of vital interests, the performance of a task carried out in the public interest or for the purpose of the legitimate interests pursued by the company or third party.
This Data Protection / Privacy Policy section is designed to meet the requirements of the Swiss Data Protection Act (“DPA”) and the revised Swiss Data Protection Act (“revDPA”) as well as the EU General Data Protection Regulation (“GDPR”). However, the application of these laws depends on each individual case. It includes the collection of data both online and offline including the data we receive from various sources such as clients, business partners websites, etc.
For the purpose of this Data Protection / Privacy Policy section, personal data refers to all information relating to an identified or identifiable individual, company or client.
In cooperation with our partners and the services we use, we try our best to protect any data against unauthorized access, loss, misuse or falsification. However, any transmission of data via the internet may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.
By accessing this website (www.abs-foods.com) you consent to the collection, processing and use of data in accordance with this Data Protection / Privacy Policy.
Kindly note that we have included links to websites of third parties which are outside our control. The company cannot be held responsible or liable for the accuracy, completeness, legality or any offers, services or equivalent on those sites and any click on one of the links is at your own risk.
- Collection and Processing of Personal Data
The sources from which we collect and process data include but are not limited to the data we receive from you directly, future customers, interested parties, service providers, suppliers, business partners, or other people involved with any business relationship we have. We may also collect and process data which we receive from third parties or address dealers as well as from any use of our website (such as IP address, MAC address of the smartphone or computer, information about the device used or the settings, cookies, date and time of visit, pages and content accessed, functions used, referring website or location data) or other platforms. The lawful basis for processing this data is typically the performance of a contract, compliance with a legal obligation, or our legitimate interest in ensuring the security and functionality of our services and website.
As far as it is permitted, we may also collect and process data from publicly accessible resources such as commercial registers, debt collection registers, press releases, the internet or other publicly available information. Such information may include but is not limited to information from the media and the internet (insofar as this is in our interest, for example for press reviews, marketing, sales, etc.). The lawful basis for processing publicly accessible data lies mainly in our legitimate interest in conducting business operations and marketing activities.
We may also collect and process data which we are legally or contractually obliged to collect. In this instance, the basis for processing such data is compliance with legal obligations and/or the performance of a contract.
Finally, we may also obtain information for compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours for the purpose of concluding or processing contracts with you. In this instance, the lawful basis for processing personal data mainly lies with the performance of a contract, compliance with legal obligations and/or legitimate interest in understanding our customers.
Depending on the type of business interest we have with you, the information we collect and process may include contact and identification data such as names, addresses, email addresses, telephone numbers and customers number. It may also include personal data such as age, gender, nationality, place of birth, residence or marital status, languages you speak, etc.
We may also collect and process financial data such as payment information, payment history, creditworthiness, purchasing power, etc. In this instance, the lawful basis for processing financial data mainly lies in the performance of a contract and our legitimate interest in assessing credit risk and managing transactions.
In the case of business related interests we may also collect and process contractual data such as contract type, type of products and services, consumption groups, consumption types, forecast data, applicable terms and conditions, contract start date, contract date and billing information. In this instance, the lawful basis lies in the performance of a contract.
Furthermore, information with regards to telecommunication such as telephone numbers, date, time and duration of any communication, its connection type, location data, IP address or device identification numbers. In this instance, the lawful basis for processing such data lies in our business interest in managing communications and ensuring security.
Additionally, interaction and usage data such chat correspondence, voice recordings, customer service information, transaction data, customer preferences, customer segment, target group information, end device type, device settings, operating system, software, details from assertion of rights and feedback. The lawful basis herein lies in processing interaction and usage data within the performance of a contract of the interest of the company to improve services.
Finally, website information such as IP address, cookie information, browser settings, frequency of visits to the website, duration of visits to the website, search terms, clicks on content and originating website information. Here, the lawful basis for processing website information is the company’s interest in analysing and improving our website and services.
- Purpose of data processing
Legal Bases
The data the company collects is primarily used to conclude and process contracts with you and other business partners, in particular in the context of the sales of our goods to our customers, the purchase of products and services from our suppliers and contractors as well as to comply with legal obligations in Switzerland and abroad. In the event that you work for such a business partner or customer, your personal data may also be affected in this function. In this instance, the lawful basis for processing your data includes, the performance of a contract (fulfilling contractual obligations), compliance with legal obligations (complying with applicable laws and regulations), legitimate business interests as described below, or where you have given consent for specific processing activities.
In addition, we also process personal data of you and other persons for the following purposes, where permitted and where we deem it necessary or appropriate and in which we (and third parties) have a legitimate interest corresponding, but not limited, to the following purposes:
- Product and service enhancement
Offering and developing products, goods, services, websites and other platforms on which we are present.
The lawful basis for this processing lies within our interest in improving products and services. - Communication with third parties and their inquiries
The lawful basis for this processing is the performance of a contract and the legitimate interest in responding to inquiries and managing communications. - Communication and inquiry handling
Communication and handling inquiries via contact forms, email, phone, applications, media requests. This may also include issue and complaint management. - Customer needs analysis
Analysing customer needs for direct marketing purposes and collecting personal data from publicly accessible sources for customer acquisition
The lawful basis herein is the business interest in understanding customer needs and improving marketing strategies. - Advertising and marketing
Conducting events, and contests for advertising and marketing purposes provided you have not objected or opted-out (you have this possibility at any time).
The lawful basis herein is the business interest in promoting products and services. - Market research and media monitoring
Conducting market research and monitoring media
The lawful basis herein is our legitimate interest in understanding market trends and public perception. - Legal claims and defense
Preventing and investigating crimes and misconduct, including conducting internal investigations and data analyses for fraud protection
The lawful basis herein is our legitimate interest in protecting our business and legal rights. - Operational security
Ensuring the operation of our business, in particular our IT systems, website and other IT related platforms or mediums.
The lawful basis herein is our legitimate interest in maintaining the security and functionality of our operations. - Interest protection and claim security
Protecting our interests and securing our claims, including video surveillance to protect property, access controls, logs, network and email scanners.
The lawful basis for this processing is the company’s interest in safeguarding assets and ensuring security.
If you have provided us with consent to process your data for specific purposes (e.g. to receive newsletters) or have not objected otherwise, we will process your personal data on this consent for as long as we do not have another legal basis for processing and such a basis is required. You may withdraw your consent in writing or via email to the address and responsible parties highlighted at the bottom of this Data Protection / Privacy Policy.
However, please note that data processing may also be required for fulfilling our services, responding to inquiries and or contractual obligations. Furthermore, processing may be based on our legitimate interest or due to legal obligations.
- Cookies / Tracking and Other Technologies in Connection with the Use of Our Website
- Like other companies the company typically uses “cookies” and similar technologies on our website (and applications) to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored by your web browser on your computer or mobile device when you visit our website or choose to install our application. When you revisit the website (or the application), we can recognise you but do not know who you are. In addition to cookies that are used solely during a session and deleted after your website visit (session cookies), cookies may also be used to store user settings and other information for a certain period of time (permanent cookies). You can configure your browser to reject cookies, store them only for a session or delete them early. Most browsers are set to accept cookies by default. We do use permanent cookies to save user settings (e.g. language preferences), to better understand how you use our service and content and/or to provide you with tailored offers and advertising (which may also appear on other websites you may visit, but these companies will not know who you are based on the information; they will only see that the same user who visited their website also visited a specific page on ours). Some cookies are set by us, while others are set by partners we may collaborate with. Blocking cookies may prevent certain functionalities from working (such as language selection or order inquiries).
Our newsletter and other marketing emails may include visible and invisible image elements (where permitted), to track whether and when you open an email or click on certain content. This helps us to measure and better understand how our services are used and tailor them to your requirements. You can block this in your email program and most are already preset to do so.
By using our website, application and consenting to receive newsletters and other emails from us, you agree to the use of these technologies. If you do not agree, you must configure your browser or email program accordingly or uninstall our application if the setting cannot be adjusted.
- Third-Party
Providers
The company would not function without the use of third-party providers. The company utilizes services like Google Analytics which is provided by a third-party provider who may be located anywhere in the world. For Google Analytics for example, this includes Google Ireland (based in Ireland) which relies on Google LLC (based in the USA) as a processor (collectively “Google”, www.google.com). These services help us measure and analyse website usage without using personally identifiable information. Persistent cookies set by the service provider are used for this purpose.
Whilst we believe that the information shared with Google is not personally traceable, it is possible that Google could infer visitor identities, create personal profiles and link this data to existing Google accounts. For example, if you are registered with the service provider, they may know you personally. The processing of your personal data by the service provider is conducted under their privacy policies.
- Microsoft
We use services and software provided by Microsoft for the purpose of our IT infrastructure.
The service provide is Microsoft Corporation (USA) and Microsoft Ireland Operations Limited (Ireland).
You will find information on their data protection and privacy policy here:
- Data-security Microsoft
- Trust-Center
- Privacy Statement
- Microsoft Products and Services Data Protection Addendum
Services we may use from Google (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA-94043, USA or if you are located in Switzerland or the European Economic Area (EWR/EEA) Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland – hereinafter collectively called “Google”) mainly concern web-analysis and reach measurement and may include but are not limited to:
- Google Analytics
- Google Tag Manager
- Google Ads
- YouTube
Google may use technologies like cookies, web storage, and pixel tags to analyse website usage. Information generated about your use of the company’s website may be transmitted and stored on their servers which may be located anywhere in the world.
Google Analytics
For the purpose of analysing our website and its visitors, as well as for marketing and advertising purposes, we may use the web service Google Analytics. In Google Analytics, the IP address anonymization should be enabled by default. This means that your IP address is shortened by Google within Switzerland or the EU/EEA before being transmitted. Only in exceptional cases will the full IP address be transmitted to a Google server and shortened there. The service uses cookies, which are stored on your device (laptop, tablet, smartphone, etc.) and enable an analysis of your use of our website. This allows us to evaluate user behaviour and personalise our offerings. Information collected in this regard may include: IP address, date and time of page view, click path, information about the browser the user utilizes, pages visited, referrer URL, location data or purchase activities. Google uses this information to create pseudonymous identities to analyae the use of our website, compile reports on website activities and to provide other services related to website and internet usage to us. Google states that the IP address transmitted by your browser within the scope of Google Analytics is not merged with other data from Google.
You can prevent the collection and transmission of the data generated by the cookie related to your use of the company’s website (including your IP address) to Google, as well as the processing of this data by Google, by downloading and installing the browser add-on to deactivate Google Analytics. If you wish to opt-out of interest-based advertising through Google, you can use the settings and opt-out options provided by Google.
Additional information can be found below where we will add the corresponding links with additional information.
Google Tag Manager
Our website uses Google Tag Manager to integrate and manage Google analytics and marketing services. Google Tag Manager is a tool that allows us to efficiently manage website tags through a single interface. These tags are placeholders embedded in the source code of the respective website to facilitate the integration of commonly used web elements, such as code for web analytics services.
Google Tag Manager itself is a cookie-less domain and does not collect any personal data. However, it triggers other tags that may collect data. Google Tag Manager does not access this data. If deactivation has been made at the domain or cookie level, it remains effective for all tracking tags implemented with Google Tag Manager.
For more information, refer to the usage guidelines for Google Tag Manager. Additional information on data usage for marketing purposes by Google can be found on the overview page, and Google’s privacy policy is available at the provided link.
If you wish to opt-out of interest-based advertising through Google Marketing Services, you can use the settings and opt-out options provided by Google.
Google Ads
If you arrive on our website via a Google ad, a cookie known as a “conversion cookie” is set on your device. These cookies have a limited lifespan, do not contain personal data and are not used for personal identification. If you visit certain pages on our site before the cookie expires, Google and the company can see that you clicked on the ad and were redirected to our website. Each Google Ads customer gets a unique cookie, which means cookies cannot be tracked across different websites by Google ads customers. The data collected through the conversion cookie helps Google create conversion statistics for those who use conversion tracking. By using this service, the company knows the total number of users who clicked on our ads and which pages they visited subsequently. The company does not receive any personal identification information from this process.
Based on the collected information, interest related categories are assigned to your browser, which are then used to display relevant ads. The data collected via conversion tracking cookies serve multiple purposes, including but not limited to: remarketing, targeting audiences with common interests, creating custom interest-based audiences, identifying purchase ready audiences, identifying similar audiences, demographic and geographic targeting, dynamic remarketing, etc. It helps the company reach users who have previously visited our website, enabling us to present our ads to people who may be interested in our goods.
You can generally prevent the storage of cookies by adjusting your browser settings to disable cookies. Additionally, you can opt-out of interest based advertising through Google Ads by changing the relevant settings.
More information on the terms of use and privacy policies will be displayed below.
YouTube:
We may use services provided by YouTube LLC which is a subsidiary of Google.
When you start a YouTube video on the company’s website, a connection to YouTube servers is established and YouTube is informed about which of our pages you have visited. This information, including your IP address can be transmitted to and stored on a Google server in abroad. If you are logged into your YouTube account, your viewing behaviour can be directly linked to your personal profile. You can prevent this by logging out of your YouTube account prior to visiting our website.
For more information, please refer to YouTube’s Terms of Service and Google’s Privacy Policy.
Additional Information on Google’s privacy policy, data protection and security can be found by visiting the following links:
These links are reviewed regularly to ensure they work – however, if you find a link that does not work or encounter any trouble whilst accessing one or more of the links, please do not hesitate to get in touch with the parties highlighted in the contact details.
- Principles for data protection and security
- Data protection and user agreement
- Google – commitment to complying with applicable data protection laws
- Guidelines to data protection for Google products/services
- Google – usage of data from websites or apps on or in which their services are used
- How their cookies are used
- How personalised ads work (enable/disable)
- Order data processing conditions for Google ad products
- Terms and Conditions – Google Analytics
- Terms of Service – Google Tag Manager
- Ads with Google
- How to opt-out user based advertising
- Browser-Add-On to deactivate Google Analytics
- Social Media
Plugins
We maintain different social media profiles and you can also contact us via WhatsApp. The data you enter on our social media profiles is published by the respective platform and is not used or processed by us for other purposes than for business reasons. However, we reserve the right to delete content if we deem any content inappropriate. Communication may occur through these platforms or WhatsApp, based on our mutual legitimate interest in interacting with you through these channels.
Note that the operators of these platforms use web-tracking methods, which are beyond our control. This tracking can occur regardless of whether you are logged into or registered on the social media platform. For detailed information on data processing by these platform providers you should refer to their respective privacy policies.
In addition, our website may use social media plugins from different social media networks. These plugins are typically identifiable by their respective symbols. You activate them by clicking on them. The operators of the respective network can register that you are on our website and where you are located and they may use this information for their own purposes. The processing of your personal data in this context is the responsibility of these operators according to their privacy policies. We do not receive any information about you from these operators.
- Linkedin – Data protection / privacy policy
- Facebook – Data protection / privacy policy
- Instagram – Data protection / privacy policy
- Whatsapp – Data protection / privacy policy
- Data Transfer and or Transmission Abroad
As part of our business activities we disclose certain information to third parties to the extent permitted and deemed appropriate, for example if they process the data for us. This may include data which we are legally obligated to share or when it is necessary to enforce our rights, particularly claims arising from contractual relationships. Such parties may include but are not limited to:
- Group companies (or business partners)
- Service providers or contractors
- Debt collection partners
- Authorities
- Customers
- Domestic and foreign authorities or offices
- And others
Recipients may thus be located domestically or anywhere globally. You should therefore expect your data to be transferred to different countries within the EU, the US (where our service providers such as Microsoft or Google are located) or other countries.
We try our best and take appropriate measures to protect your data when using processors and try to use local providers where we can and our business interest allows. If the level of data protection in a country in which the data is knowingly processed does not comply with applicable data protection provisions, we try to ensure the protection of your personal data to the equivalent standards as the one in Switzerland or the European Economic Area. In this instance, exceptions may apply in case of legal proceedings abroad, overriding public interest, if the data transfer is required for contract execution, with your consent or if the data is publicly available.
- Outsourcing
We outsource certain business areas and services, such as payment processing, IT-system management, CRM or logistics to third parties. We select these processors carefully and whenever possible, we work with processors and providers based in the European Economic Area to ensure data processing occurs within these regions. However, certain processes and providers may still be based abroad and information thus may go abroad.
- Data Retention Period
We process and store your data for as long as it is necessary to fulfil contractual and legal obligations or other purposes for which the data was collected. This may include, but is not limited to, the entire duration of our business relationship up to and including the termination of a contract as well as in accordance with statutory retention and documentation obligations. Data may also be retained for periods during which claims can be made against the company and as required by law or justified business interest (e.g. evidence and documentation purposes).
Once your data is no longer needed, we delete or anonymize your data after the retention or processing period in accordance with our usual procedures. For operational data, shorter retention periods may apply.
- Data Security
We implement appropriate technical and organisational measures to protect your personal data from unauthorised access or misuse. We do have IT and network security solutions in place, access controls and restrictions, regular checks with employees, etc. We try to regularly review our security measures and adjust them, where deemed necessary.
- Contact Information and Obligation to Provide Data
In the context of our business relationship, you must provide certain personal data necessary for initiating and conducting a business relationship and fulfilling the associated contractual obligations. Generally, there is no legal obligation for you to provide us with any data. However, without data, we will be unable to enter into or execute a contract with our (or the entity or person you represent). Additionally, the website cannot be used if certain information required to ensure data traffic (e.g. IP Address) is not disclosed.
In the event that you contact us via our contact addresses and channels (including email, phone or the contact form), your personal data will be processed. This includes any data you provide such as your company name, your first and last name, your position, email-address, phone number, your inquiries and other information. In this instance, we process and store your data for the purpose of your inquiry (e.g. providing information, providing support, etc.).
- Newsletter and Marketing Emails
You may receive marketing emails or newsletters if you have previously provided us with your contact information. You can unsubscribe at any time by writing an email to the responsible parties highlighted in the contact details section and providing your email-address.
- Log Files
When you visit our website certain information may be stored temporarily as log-files. Such information may include your IP address, the date and time of your visit, the name of the accessed files, access status, the browser you use, the operating system and other similar information that helps protect against unauthorised access or attacks on our IT systems.
The data is processed to correctly display our website and its content, ensure secure traffic, optimize our website, maintain stability and security, and prevent and address cyberattacks, spam messages or other illegal activities.
- Profiling and Automated Decision Making
We process your data partially automatically with the aim of evaluating certain personal aspects (profiling) and providing you with targeted information and advice about products. Evaluation tools help us tailor communication and advertising to your needs, including market and opinion research. Profiling involves analysing certain data (e.g. online behaviour), to predict preferences and behaviour which might influence the information and ads you receive. The lawful basis for profiling activities is typically legitimate business interest in providing relevant marketing content and enhancing our services. In some cases, we may rely on your consent for such activities.
As a matter of principle, the company generally does not use fully automated decision-making (as regulated in the GDPR, for example) to establish and conduct the business relationship or otherwise. We aim at ensuring data accuracy to maintain fairness, reliability and transparency. The lawful basis for any automated decision-making process that may affect individuals is either the performance of a contract, your consent, compliance with legal obligations or the company’s business interest. You have the right to express your views and if you have concerns, do not hesitate to get in touch with the respective parties highlighted in the contact details section.
- Your Rights
Under applicable data protection law, including the GDPR where applicable, you have the following rights:
- Right to access your personal information processed by us
- Right to rectify missing, wrong, or inaccurate information
- Right to request deletion of your personal data (provided legal retention obligations do not apply)
- Right to restrict processing of your data under certain conditions
- Right to receive your personal data in a machine-readable format
- Right to object to the processing of your personal data on grounds relating to your particular situation, and you can object at any time if personal data is processed for direct marketing purposes
- Right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data infringes data protection regulations
Note that we reserve the right to enforce legally permitted limitations, such as when we are required to retain or process certain data, have an overriding interest (where applicable), or need the data to assert legal claims. We will inform you of any costs, if any are involved. We have also informed you of the possibility of withdrawing your consent. Exercising these rights may conflict with contractual agreements and could lead to consequences such as the early termination of any contract or additional costs for you. We will inform you of such costs if these are not contractually regulated.
To exercise these rights, you typically need to provide clear proof of your identity (e.g., a copy of your ID, if your identity is not otherwise clearly verifiable). You can contact us at the address provided in the contact details section to assert your rights.
Additionally, every affected individual has the right to pursue claims through the courts or file a complaint with the relevant data protection authority. In Switzerland, the authority is the Federal Data Protection and Information Commissioner.
- Changes to this Data Protection / Privacy Policy
We reserve the right to change this Data Protection / Privacy Policy at any time and without prior notice. The current version on our website in generally applies.
- Contact Details
If nothing else is stated, the responsible party in charge of your data protection and the privacy policy is:
ABS Foods AG
Luzernerstrasse 119
CH-6403 Küssnacht am Rigi
For any data protection or privacy policy matters, please do not hesitate to contact the parties responsible as stated below:
Gregory M. Schmid Albert Bakker
gs@abs-foods.com ab@abs-foods.com