Privacy Policy

Introduction

Your trust is important to us, which is why we take the issue of data protection seriously and ensure the appropriate level of security. 

We of course abide by the statutory provisions of the General Data Protection Regulation of the European Union (GDPR), Federal Act on Data Protection (FADP), the Ordinance to the Federal Act on Data Protection (OFADP), the Telecommunications Act (TCA) and, if applicable, other data protection provisions.

Please take note of the information below so that you know which data we collect from you and for what purposes it is used.

By providing us with your data, you warrant to us that you are over 13 years of age.

The Easy Urban Gardening Club, including the Easy Urban Gardening websites, social media accounts, email addresses etc. are all part of Émely’s Fine Food.

Contact details:

Full name of the legal entity: Émely’s Fine Food

Email address: info@easyurbangardening.club

Postal address: Émely’s Fine Food, É. Steegstra-Hendrix, Früebergstrasse 20, 6340 Baar, Switzerland

1. Scope and purpose of the collection, processing and use of personal data

Personal data means any information capable of identifying an individual. It does not include anonymised data.

We may process the following categories of personal data about you:

a. When you use our website or engage on our social media profiles:

  • Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

  • Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.

  • User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.

  • Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.

  • Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you about relevant products and services, such as online courses; books; live broadcast trainings such as webinars; live events and conferences; coaching and mentoring services or our products. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.

We may process your personal data without your knowledge or consent where this is required or permitted by law.

We do not carry out automated decision making or any type of automated profiling.

The data recorded in our web server’s log file do not allow us to identify you as by name or address. Our website visitors remain anonymous as they click through our site.

The only exception is if you leave us your email address, home address or telephone number via our contact form or subscription pages. Then we can identify you, of course. We would in this case have the technical ability to trace your personal navigation through our website by the contact details sent by you. For such tracing, though, we have neither time nor interest.

b. When you register for our newsletter, events etc.

We collect personal information about you when you voluntarily submit information directly to us when you access our website, engage with us on social media or use our services. This can include information you provide to us when you register for a course, fill in a form, correspond with us via the website, phone, email or otherwise, subscribe to our mailing lists, newsletters or other forms of marketing communications, respond to surveys, win actions or use other feature available from time to time.

Registration is required in order to do so. As part of the registration, the following data must be provided:

  • First name

  • E-mail address

We process this data in order to contact you about pour services, personalise information and offers sent to you and to better align ourselves to your interests.

By registering, you give your agreement to the data provided being processed for regular dispatch of the newsletters and other information corresponding with your interest to the address you provided, for the statistical analysis of user behaviour and optimisation of our information. Your consent constitutes our legal basis for the processing of your e-mail address in the sense of art. 6 para. 1 lit. a GDPR. We are entitled to commission third parties with the technical processing of advertising measures and to pass your data on for this purpose (see under Section 3).

You can unsubscribe from our mailing list at any time. When unsubscribing you have the option to let us know the reason you are doing so. Once you have unsubscribed, your personal data will be deleted. Further processing shall take place only in anonymised form for the purpose of optimising our newsletter.

We expressly point to the data analysis during the newsletter distribution (see Section 9).

3. Transfer of data to third parties

We pass your personal data on only if you have expressly consented to this, if there is a legal obligation to do so or if this is required in order to enforce our rights, in particular in order to enforce claims resulting from the relationship between you and Émely’s Easy Urban Gardening and/or Émely’s Fine Food.

We also pass your data on to third parties where this is required in conjunction with use of the website in order to provide you with the services requested or to analyse your user behaviour. If this is required for the purposes specified in the preceding sentence, your data may also be passed on to third parties abroad. If the website contains links to websites of third parties, Émely’s Fine Food will no longer have any influence on the collection, processing, storage or use of personal data by third parties once you click on such links and assumes no responsibility in this regard.

4. Transfer of personal data abroad

Émely’s Fine Food is entitled to also pass your personal data on to third-party companies (commissioned service providers) abroad, where this is required for the data processing described in this privacy policy. The said third-party companies are obliged to protect your data to the same extent as we are. If the level of data protection in a country does not correspond to the level of data protection in Switzerland or the European Union, we ensure by contractual means that the protection of your personal data corresponds to that in Switzerland or the European Union at all times.

5. Data security

We take appropriate technical and organisational security measures to protect any of your personal data that we have stored from manipulation, partial or complete loss and unauthorised access by third parties. Our security measures are constantly being improved in line with technological developments.

You should always treat your payment information as confidential and close the browser window once you have ended your communication with us, particularly if you are on a shared computer.

We also take data privacy within our organisation very seriously. Our employees and the service providers commissioned by us are obliged to maintain confidentiality and comply with our data protection provisions.

6. Cookies

Cookies help in many ways to make your visit to our website simpler, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on your computer’s hard drive when you visit our website. Cookies neither damage your computer’s hard drive nor do they transfer the user’s personal data to us. We use cookies, for example, in order to personalise the information, offers and advertisements that you see and to better align ourselves to your individual interests. Their use does not mean that we receive new personal data about you as an online visitor. Most Internet browsers accept cookies automatically. It is possible, however, to configure your browser so that no cookies are stored on your computer or so that a message will always appear when you receive a new cookie.

Disabling cookies may prevent you from being able to use all of the features on our website.

7. Tracking tools

On our website we use various tracking tools. These tracking tools are used to monitor your surfing behaviour on our website. This is for the purposes of needs-based design and continuous optimisation of our website. In connection with this, pseudonymised usage profiles are created and small text files that are saved on your computer (“cookies”) are used.

8. Social media plugins

The following social plugins are used on our website:

Facebook, Instagram and Twitter

If these plugins are enabled, your browser establishes a direct connection with the servers for the relevant social networks as soon as you call up one of our websites. The content of the plugins is transferred from the social network to your browser directly and integrated by your browser into the website. The plugins can of course be disabled again with just a click of the mouse.

If you do not want Facebook to assign the data collected about your online presence to your Facebook account, you must log out of Facebook before visiting our website. The purpose and scope of data collection and further processing and use of the said data by Facebook as well as your rights in this respect and settings options in order to protect your privacy can be found in Facebook’s privacy policy

If you do not want Instagram to collect or assign the data collected about your online presence, you must log out of Facebook before visiting our website. The purpose and scope of data collection and further processing and use of the said data by Instagram as well as your rights in this respect and settings options in order to protect your privacy can be found in Instagram’s privacy policy

If you do not want Twitter to be able to identify your visit to our websites, please log out of your Twitter account. We would like to point out that, as the provider of these websites, we are not made aware of the content of the transferred data or its use by Twitter. Further information about this can be found in Twitter’s privacy policy. 

9. Analysis of newsletter use

To send our newsletter, we use e-mail marketing services of ActiveCampaign. You can read their privacy policy here.

Our newsletter may therefore contain a web beacon (tracking pixel) or similar technical tools. A web beacon is an invisible graphic image, 1×1 pixel in size, that is associated with the user ID for the relevant newsletter subscriber.

The use of these services allows us to analyse whether or not the e-mails containing our newsletter have been opened. In addition, the click behaviour of recipients of our newsletter can also be collected and analysed. We use this data for statistical purposes and in order to optimise the newsletter with regard to content and structure. This allows us to better align the information and offers in our newsletter to the individual interests of the recipient in question. The tracking pixel is deleted if you delete the newsletter.

If you wish to prevent tracking pixels from being included in our newsletter, please set your e-mail software such that HTML is not displayed in messages.

10. Note about data transfer to the US

For the sake of completeness, we would like to point out to users residing or based in Switzerland that in the US there are monitoring measures taken by the US authorities that generally allow the storage of all personal data relating to all persons whose data has been transferred from Switzerland to the US. This happens without differentiation, limitation or exception on the basis of the aim pursued and without an objective criterion that makes it possible to limit access to the data by US authorities and its later use to very specific, strictly limited purposes that may justify the intervention associated with both access to this data and use thereof. We would also like to point out that there are no judicial remedies in place in the US for affected persons from Switzerland that would make it possible to receive access to the data relating to them and to have this corrected or deleted, as well as no effective legal protection against general access rights by US authorities. We refer the persons affected explicitly to this legal and factual situation so that they can make an appropriately informed decision on whether or not to consent to their data being used.

For users residing in EU Member States, please note that, from the point of view of the European Union, the US does not have sufficient data protection levels due, inter alia, to the issues mentioned in this section.

11. Right to information, correction, erasure and restriction of processing; Right to data portability

a. GDPR Consumer Rights

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

You can read more about these rights here.

If you wish to exercise any of the rights set out above, please email us at info@easyurbangardening.club. We may, at our sole discretion, require proof of identity to process your requests.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

b. CCPA Consumer Rights

If you are a resident of California, you have certain rights and protections under the California Consumer Privacy Act (“CCPA”).

The CCPA requires us to communicate information about rights California consumers have with respect to their personal information (as defined within the CCPA). These rights include the right to request: access to their personal information; deletion of their personal information; additional details about our information practices; the categories of personal information sold in the preceding 12 months and the categories of third parties to whom the personal information was sold; the categories of personal information shared within in the preceding 12 months; to opt out of the “sale” of their personal information, and to not be discriminated against.  

To exercise these rights please contact us by sending us an email with your request, or you may contact us at +41 (77) 490 7374. Finally, for more information you may visit the State of California Department of Justice website on CCPA.

California consumers may also designate an authorised agent to exercise these options on their behalf. If you would like to use an authorised agent registered with the California Secretary of State to exercise these rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not discriminate against you if you choose to exercise your rights related to your personal information.

12. Data storage

We only store personal information for as long as it is necessary

  • To use the above tracking advertising and analysis services within the scope of our legitimate interest

  • To carry out services that you requested or to which you have given your consent (for example our newsletter) to the extent specified above.

  • To comply with legal obligations

Contract data is kept longer by us, as this is required by statutory storage requirements. Retention requirements that oblige us to keep data arise from accounting and tax regulations. According to these regulations, business communications, closed contracts and accounting documents must be kept for up to 10 years. As far as we no longer need this data to carry out the services for you, the data will be blocked. This means that the data may then only be used for accounting and for tax purposes.

13. Right to complain to a data protection supervisory authority

You have the right to file a complaint to a data protection supervisory authority at any time.

We would be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

14. Netiquette

We love a lively interaction with our fans and customers. To that end we prefer to maintain an open and constructive atmosphere. We are open to your opinions and various contributions on our website and social media. It goes without saying that these interactions and exchanges are friendly and above all respectful. We will not accept any infringing, offensive or unlawful statements and discussions on our website or in our timeline. If user, our company or any third parties are defamed, we reserve the right to delete these posts without comment.

In particular, this includes comments containing the following:

  • Offensive language or images relating to gender, race, sexual orientation, religion or culture

  • Aggressive tendencies towards people or companies

  • Content which is not related to our business or other spam

  • Self-promotion or advertising of other brands, including user names that are company names. If you have an interest in advertising with us, please contact us per email or phone.

  • Violation of copyrights

Lastly, we want to remind you that public posts, comments and reply always are personal statements and opinions, not reflecting the views of Émely’s Easy Urban Gardening or Émely’s Fine Food.

15. Copyright and trademark rights

The entire content of the Easy Urban Gardening (.club, .com & .biz) websites is owned by Émely’s Fine Food or third parties. The elements contained on the websites are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of EasyUrbanGardening.club. Reproduction, transfer, amendment, linking or use of the Easy Urban Gardening websites for public or commercial purposes is prohibited without the prior written consent of Émely’s Fine Food.

No part of the Easy Urban Gardening websites is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the Easy Urban Gardening website or parts thereof, confers no rights whatsoever in respect of the software or elements of the Easy Urban Gardening websites. Émely’s Fine Food reserves all rights in respect of all elements of the Easy Urban Gardening websites with the exception of rights belonging to third parties.

16. No warranty

Although Émely’s Easy Urban Gardening has taken all possible care to safeguard the reliability of the information contained on the Easy Urban Gardening websites at the time of its publication, neither Émely’s Fine Food nor its contracting partners can give any explicit or implicit assurance or warranty (including to third parties) in respect of the accuracy, reliability or completeness of the information on Easy Urban Gardening .club, .com or .biz. Opinions and other information contained on the Easy Urban Gardening websites may be changed at any time without prior notice.

Émely’s Fine Food accepts no responsibility and gives no guarantee to the effect that the functions on the Easy Urban Gardening websites will not be interrupted or that the Easy Urban Gardening websites or the relevant server is or are free from viruses or other harmful contents.

17. Limitation of liability

All liability of Émely’s Fine Food (including liability for negligence) for direct, indirect or secondary damage suffered as a result of access to the elements of the Easy Urban Gardening websites or to use of that sites or as a consequence of impossibility of access to or use thereof or links to other websites, is hereby declined.

18. Links to other websites

The Easy Urban Gardening websites may contain links to websites operated by third parties which might be of interest to you. When activating these links, you might leave the Easy Urban Gardening website or summaries of third-party websites may be displayed within the context of the Easy Urban Gardening website. Émely’s Fine Food has not carried out any checks whatsoever on the websites of third parties accessible via links on the Easy Urban Gardening websites and is in no way responsible for their content or effective operation. This applies regardless of whether when activating the link, you leave the Easy Urban Gardening website or the display appears within the context of the Easy Urban Gardening website, as well as if in the latter case the information provider of an external website is not immediately obvious. Establishing the link or consulting websites operated by third parties is at the sole risk and peril of the user.

This page was last amended on 8 October 2020. If you have any questions or remarks about our legal indications or data protection, please contact us at info@easyurbangardening.club