Data protection

Quality, safety & transparency

Thank you for visiting this website and for your interest in our products and services. The Kündig Group is made up of internationally active production and trading companies. Specializing in high-quality raw materials for the food industry, we attach great importance to quality, sustainability and traceability.

Name and address of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is

W. Kündig & Die AG
Stampfenbachstrasse 38
8006 Zurich, Switzerland
Tel.: +41 44 368 25 25
E-mail: info.ch(at)kuendig.com
Website: www.kuendig.com

General information on data processing

1. scope of the processing of personal data
We only process our users’ personal data to the extent necessary to provide a functional website and our content and services. The processing of our users’ personal data only takes place regularly with the user’s consent. An exception applies in cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by law.

2. legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

3. data erasure and storage duration
The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

Provision of the website and creation of log files

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected in the process:</li
Information about the browser type and version used
The user’s operating system
The user’s internet service provider
The IP address of the user
Date and time of access
Websites from which the user’s system accesses our website
Websites that are accessed by the user’s system via our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. legal basis for data processing
The legal basis for the temporary storage of data and log files is Article 6(1)(f) GDPR.

3. purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. We also use the data to optimize the website and to ensure the security of our information technology systems. The data is not analyzed for marketing purposes in this context.

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

4. duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or anonymized so that it is no longer possible to identify the accessing client.

5. possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.

Use of cookies

a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.

The following data is stored and transmitted in the cookies

Language settings
Log-in information

We also use cookies on our website that enable an analysis of users’ surfing behavior (see “V. Google Analytics”).

The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the accessing user. The data is not stored together with other personal user data.

When accessing our website, users are informed by an info banner about the use of cookies for analysis purposes and referred to this privacy policy. In this context, there is also a reference to how the storage of cookies can be prevented in the browser settings.

b) Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.

c) Purpose of the data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

We require cookies for the following applications

Transfer of language settings
Transfer of log-in information

The user data collected by technically necessary cookies is not used to create user profiles.

Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.

The exact purpose of the analysis cookies is described in detail under “V. Google Analytics”.

These purposes also constitute our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR.

e) Duration of storage, objection and removal options
Cookies are stored on the user’s computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

Processing of pseudonymized usage data to optimize our website (web analysis with Matomo)</h3
We use the web analysis tool Matomo to continuously improve our online presence. Matomo processes information from your end device (e.g. browser type, screen resolution, language settings) as well as data about the use of our website (e.g. shortened IP address, pages accessed, time of visit). A pseudonymized user profile is created from this data. The pseudonymized user profiles are not merged with other personal data held by W. Kündig & Cie AG. Access by unauthorized third parties is also excluded. Matomo does not use cookies for analysis.
Pseudonymized usage data is only processed if you give your consent to processing for the purpose of continuously improving our website at the beginning of your visit. We use a technically necessary opt-in/opt-out cookie to manage this consent.
Legal basis for processing: Your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG.
You can revoke your consent to the processing of pseudonymized usage data at any time here.

Processing of personal data through embedded videos (YouTube and Vimeo)

Videos from the YouTube and Vimeo platforms are embedded on our website.
The responsible provider of the YouTube service is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
The responsible provider of the Vimeo service is Vimeo.com, Inc, 555 West 18th Street, New York, NY 10011, USA.

To protect your data, we use a 2-click solution: A connection to the respective providers is only established when you actively enable playback by clicking on the corresponding notice (“Accept and show video”). From this point on, YouTube or Vimeo can process personal data such as your IP address, device information or usage data – possibly also to create usage profiles.

Please note that data transmission to the USA cannot be ruled out when the videos are activated. There is currently no equivalent level of data protection in the USA as in the EU. This may result in US authorities accessing your data without you having any effective legal remedies against this.
The providers generally base such transfers on standard contractual clauses (SCC) of the EU Commission.

The processing takes place exclusively on the basis of your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG.

If you subscribe to our newsletter, you agree to receive it and to the procedures described below. We would like to provide you with some information about the content, rights of objection, registration, dispatch and evaluation procedures of our newsletter.

1. content
With the consent of the recipient or a corresponding legal permission, we send newsletters, e-mails and other electronic notifications with advertising information and information about the services of the Kündig Group. These are hereinafter collectively referred to as “newsletters”. The contents of the newsletter are specifically described during the registration process.

2. double opt-in and logging
Registration for our newsletter takes place in a so-called double opt-in procedure. After registering, you will be asked for confirmation by email. In order to be able to prove the registration process in accordance with the legal requirements, the registrations for the newsletter are thoroughly logged. The stored information includes data on the time of registration and confirmation, as well as IP addresses. Changes to your data stored with the mailing service provider are also logged. The double opt-in procedure is intended to prevent registrations with third-party e-mail addresses.

3. registration data
Only one e-mail address is required to register for the newsletter.

4. newsletter dispatch
The newsletter is sent and its success is measured on the basis of the consent of the recipient in accordance with Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with Section 7 para. 2 no. 3 UWG or on the basis of the legal permission in accordance with Section 7 para. 3 UWG.

5. Logging of the registration process
The logging of the registration process is based on our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. We are interested in using a user-friendly and secure newsletter system. This should serve our business interests as well as meet the expectations of users and also enable us to provide proof of consent.

6. Cancellation and revocation
You can unsubscribe from our newsletter at any time. At the end of each newsletter you will find a link to withdraw your consent and cancel accordingly. In order to be able to prove that consent was previously given, we store unsubscribed e-mail addresses for up to three years before they are deleted. If the former existence of consent is confirmed at the same time, an individual request for deletion is possible at any time. The storage and processing of registration data is limited to the purpose of a possible defense against claims.

7. Mailchimp
The newsletter is sent via the service provider “MailChimp”. This is a newsletter distribution platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). We use “MailChimp” on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR and an order processing contract pursuant to Art. 28 para. 3 sentence 1 GDPR. You can view the privacy policy of “MailChimp” here: https://mailchimp.com/legal/privacy/.

The mailing service provider can use the recipients’ data in pseudonymized form to optimize or improve its own services. The data cannot be assigned to any user and is used to technically optimize the sending and presentation of newsletters or for statistical purposes. The recipient’s data will not be passed on to third parties by “MailChimp”. Furthermore, “MailChimp” does not use the newsletter recipient’s data to contact them itself.

8. measurement of success
When the newsletter is opened by a recipient, technical information such as information about the browser and your system, as well as your IP address and time of access, is collected. This is handled by a so-called “web-beacon”, i.e. a pixel-sized file that is retrieved from our server or the server of the dispatch service provider when the newsletter is opened.

This information is used to improve the services based on technical data or the target groups and their reading behavior based on their retrieval locations (which are localized using the IP address) or access times. Statistical surveys also include determining whether and when newsletters are opened and which links are clicked. For technical reasons, this information can be assigned to individual recipients. However, it is neither our own endeavor nor the endeavor of the mailing service provider to observe individual users. The evaluations only help us to recognize the reading habits of our users and to adapt our content to the interests of our readers.

Contact form and e-mail contact

1. description and scope of data processing
There is a contact form on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored.

The data required for this are

Name
E-mail address
Message of the user

All other information can be entered voluntarily by the user.

The following data is also stored when the message is sent

Date and time at the time of sending

Alternatively, you can contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be stored.

The data will not be passed on to third parties in this context. The data is used exclusively for processing the conversation.

2. legal basis for data processing

The legal basis for processing the data for processing the contact request is Art. 6 para. 1 lit. a GDPR.

The legal basis for the processing of data transmitted in the course of sending an email is Article 6(1)(f) GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

3. purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data from the input screen of the contact form and data sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. possibility of objection and removal
The user has the option to withdraw their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

To do so, please send an e-mail to info.ch(at)kuendig.com.

All personal data stored in the course of contacting us will be deleted in this case.

Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing is taking place, you can request the following information from the controller

the purposes for which the personal data are processed;</li
the categories of personal data being processed;</li
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;</li
the envisaged period for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that period;</li
the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;</li
the existence of the right to lodge a complaint with a supervisory authority;</li
any available information as to the source of the data if the personal data are not collected from the data subject;</li
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

2. right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the rectification without undue delay.

3. right to restriction of processing
Under the following conditions, you may request that the processing of your personal data be restricted

if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;</li
the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;</li
the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds

If the processing of personal data concerning you has been restricted, this data – apart from its storage – may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. right to erasure

a) Obligation to erase
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed</li
You withdraw your consent on which the processing was based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and where there is no other legal ground for the processing.
You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
The personal data concerning you have been processed unlawfully
The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.</li

b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions
The right to erasure does not apply if the processing is necessary

to exercise the right to freedom of expression and information;</li
for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;</li
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
for the establishment, exercise or defense of legal claims

5. right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed about these recipients.

6. right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where

the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
the processing is carried out by automated means

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the option, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures that use technical specifications.

8. right to withdraw the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

is necessary for the conclusion or performance of a contract between you and the controller,</li
is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
is carried out with your express consent

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

10. right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

Status and updating of this privacy policy

This privacy policy is valid as of May 25, 2018. We reserve the right to update the privacy policy in due course in order to improve data protection and/or to adapt it to changes in official practice or case law.

Zurich, May 25, 2018