With this Data Protection Statement we, the companies Kambly Holding AG, Kambly SA Spécialités de Biscuits Suisses, Kambly Deutschland GmbH and Kambly France SA (hereinafter Kambly, Kambly Group, we or us), describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements or General Terms and Conditions, Conditions of Participation or similar documents are applicable to specific circumstances.
The term “personal data” in this Data Protection Statement to shall mean any information that identifies, or could reasonably be used to identify any person.
If you provide us with personal data of other persons (such as family members, work colleagues), please make sure the respective persons are aware of this Data Protection Statement and only provide us with their data if you are allowed to do so and such personal data is correct.
This Data Protection Statement is in line with the EU General Data Protection Regulation (GDPR). Although the GDPR is a regulation of the European Union (EU), it may be relevant for us. The Swiss data protection legislation (FADP) is heavily influenced by the law of the European Union. In addition, companies outside of the European Union or the European Economic Area (EEA) must comply with the GDPR in certain cases.
The “controller” of data processing as described in this data protection statement (i.e. the responsible person or body) is Kambly SA Spécialités de Biscuits Suisses, CH-3555 Trubschachen, unless we have informed you differently in certain cases. You can notify us of any data protection related concerns, irrespective of the concerned affiliate company of the Kambly Group, using the following contact details: Kambly SA Spécialités de Biscuits Suisses, CH-3555 Trubschachen, firstname.lastname@example.org. If possible, please specify which affiliated company of the Kambly Group you refer to.
2. Collection and Processing of Personal Data
We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications.
Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g. debt registers, land registries, commercial registers, press, internet) or we may receive such information from affiliated companies of the Kambly Group, from authorities or other third parties (such as e.g. credit rating agencies or list brokers). Apart from data you provided to us directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g. in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g. payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g. IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).
3. Purpose of Data Processing and Legal Grounds
We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with the production and distribution of baked goods to our clients and the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.
In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:
- providing and developing our products, services and websites, apps and other platforms, on which we are active;
- communication with third parties and processing of their requests (e.g. job applications, media inquiries);
- review and optimization of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition;
- advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
- market and opinion research, media surveillance;
- asserting legal claims and defense in legal disputes and official proceedings;
- prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
- ensuring our operation, including our IT, our websites, apps and other appliances;
- video surveillance to protect our domiciliary rights and other measures to ensure the safety of our premises and facilities as well as protection of our employees and other individuals and assets owner by or entrusted to us (such as e.g. access controls, visitor logs, network and mail scanners, telephone recordings);
- acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations of Kambly.
If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Given consent can be withdrawn at any time, but this does not affect data processed prior to withdrawal.
4. Cookies / Tracking and Other Techniques Regarding the Use of our Website
In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing e‑mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e‑mail, so that we can measure and better understand how you use our offers and customize them. You may disable this in your e‑mail program, which will usually be a default setting.
By using our websites, apps and consenting to the receipt of newsletters and other marketing e‑mails you agree to our use of such techniques. If you object, you must configure your browser or e‑mail program accordingly or uninstall the app, should the respective setting not be available.
Google Analytics or other statistics providers, which do not receive any personal data
We may use Google Analytics or similar services on our website. These are services provided by third parties, which may be located in any country worldwide (in the case of Google Analytics Google LLC is in the U.S., www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymized basis). For this purpose, permanent cookies are used, which are set by the service provider. The service provider does not receive (and does not retain) any personal data from us, but the service provider may track your use of the website, combine this information with data from other websites you have visited and which are also tracked by the respective service provider and may use this information for its own purposes (e.g. to controlling of advertisements). If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conducted in accordance with its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any personal information of you).
Social media plug-ins
In addition, we use plug-ins from social networks such as Facebook, Twitter, Youtube, Google+, Pinterest or Instagram on our websites. This is visible for you (typically based on the respective symbols). We have configured these elements to be disabled by default. If you activate them (by clicking on them), the operators of the respective social networks may record that you are on our website and where on our website you are exactly and may use this information for their own purposes. This processing of your personal data lays in the responsibility of the respective operator and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.
Google Analytics, Google Tag Manager, Google Ads, Double Click, GA Audiences
In order to improve our website offering, we use in particular Google Analytics, Google Tag Manager, Google Adwords and Double Click, web analytics services provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
a) Google Tag Manager
Google Tag Manager is used on our website to integrate tracking codes such as Google Analytics. You can activate surfing in incognito mode at the following link: https://support.google.com/chrome/answer/95464?hl=de.
b) Google Analytics
We would like to point out that on this website Google Analytics has been extended by the code “gat._anonymizeIp();” to ensure anonymised collection of IP addresses (so-called IP masking). If anonymisation is active, Google shortens IP addresses within member states of the European Union or in other contracting states of the Agreement on the European Economic Area, which is why no conclusions can be drawn about your identity. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google observes the data protection provisions of the “Swiss-USA Privacy Shield” agreement and thus has an adequate level of data protection. Google uses the information collected to evaluate the use of our websites for us, to compile reports for us in this regard and to provide us with other related services. You can find out more at http://www.google.com/intl/de/analytics/privacyoverview.html.
For options on how to deactivate Google Analytics, see https://tools.google.com/dlpage/gaoptout?hl=de.
c) Google Ads
We use Google Ads to draw attention to our attractive offers on external websites with the help of advertising media (so-called Google Ads). We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. In this way, we pursue the interest of showing you advertising that is of interest to you, making our website more interesting for you and achieving a fair calculation of advertising costs.
These advertisements are delivered by Google via so-called “ad servers”. For this purpose, we use ad server cookies, which can be used to measure certain parameters for measuring success, such as the display of the ads or clicks by users. If you access our website via a Google ad, Google Ads will store a cookie on your PC. These cookies usually expire after 30 days and are not intended to identify you personally. The unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions) and opt-out information (marking that the user no longer wishes to be addressed) are usually stored as analysis values for this cookie.
These cookies enable Google to recognise your internet browser. If a user visits certain pages of an Adwords customer’s website and the cookie stored on their computer has not yet expired, Google and the customer will be able to recognise that the user clicked on the ad and was redirected to that page. A different cookie is assigned to each Adwords customer. Cookies can therefore not be tracked via the websites of Ads customers. We ourselves do not collect or process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Google. These evaluations enable us to see which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising tools; in particular, we cannot identify users on the basis of this information.
Due to the marketing tools used, your browser automatically establishes a direct connection with Google’s server. We have no influence on the scope and further use of the data collected by Google through the use of this tool and therefore inform you according to our state of knowledge: Through the integration of Ads Conversion, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, it is possible that the provider will obtain and store your IP address.
You can prevent participation in this tracking process in various ways: a) by adjusting your browser software accordingly, in particular the suppression of third-party cookies will result in you not receiving any third-party ads; b) by deactivating cookies for conversion tracking by setting your browser to block cookies from the domain www.googleadservices.com, https://www.google. ch/settings/ads, in which case this setting will be deleted when you delete your cookies; c) by deactivating the interest-based ads of the providers that are part of the self-regulatory campaign “About Ads” via the link http://www.aboutads.info/choices, in which case this setting will be deleted when you delete your cookies; d) by permanently deactivating them in your Firefox, Internet Explorer or Google Chrome browsers under the link http://www.google.com/settings/ads/plugin, e) by means of the corresponding cookies setting. Please note that in this case you may not be able to use the full functionality of this website.
Further information on data protection at Google can be found here: http://www.google.com/intl/de/policies/privacy and https://services.google.com/sitestats/de.html. Alternatively, you can visit the Network Advertising Initiative (NAI) website at http://www.networkadvertising.org.
d) GA Audiences (Google Remarketing)
In addition to Ads Conversion, we use the Google Remarketing application. This is a procedure with which we would like to address you again. Through this application, you can be shown our advertisements when you continue to use the internet after visiting our website. This is done by means of cookies stored in your browser, which Google uses to record and evaluate your usage behaviour when you visit various websites. In this way, Google can determine your previous visit to our website. According to its own statements, Google does not combine the data collected in the course of remarketing with your personal data, which may be stored by Google. In particular, according to Google, pseudonymisation is used in remarketing.
e) Google Marketing Platform (including Floodlight)
Due to the marketing tools used, your browser automatically establishes a direct connection with Google’s server. We have no influence on the scope and further use of the data collected by Google through the use of this tool and therefore inform you according to our state of knowledge: Through the integration of Marketing Platform, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, it is possible that the provider will obtain and store your IP address.
You can prevent participation in this tracking process in various ways: a) by adjusting your browser software accordingly, in particular the suppression of third-party cookies will result in you not receiving any third-party ads; b) by deactivating cookies for conversion tracking by setting your browser to block cookies from the domain www.googleadservices.com
, https://www.google. ch/settings/ads, in which case this setting will be deleted when you delete your cookies; c) by deactivating the interest-based ads of the providers that are part of the self-regulatory campaign “About Ads” via the link http://www.aboutads.info/choices, in which case this setting will be deleted when you delete your cookies; d) by permanently deactivating them in your Firefox, Internet Explorer or Google Chrome browsers under the link http://www.google.com/settings/ads/plugin
, e) by means of the corresponding cookies setting. Please note that in this case you may not be able to use the full functionality of this website.
Further information on Marketing Platform by Google can be found at https://www.google.ch/Marketing Platform and http://support.google.com/adsense/answer/2839090, as well as on data protection at Google in general: https://www.google.de/intl/de/policies/privacy. Alternatively, you can visit the Network Advertising Initiative (NAI) website at http://www.networkadvertising.org. Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
f) Facebook Pixel, Facebook Custom Audiences and Facebook Conversion
Within our online offer, the so-called “Facebook Pixel” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), is used.
With the help of the Facebook pixel, it is possible for Facebook, on the one hand, to determine you as a visitor to our online offer as a target group for the display of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can further track the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called “conversion”).
The processing of the data by Facebook takes place within the framework of Facebook’s data use policy. Accordingly, general information on the display of Facebook ads, in Facebook’s data usage policy. Specific information and details on the Facebook Pixel and how it works can be found in Facebook’s help section.
Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law.
g) “Insight Tag” by LinkedIn
“Insight Tag” is a product of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (“LinkedIn”). Our website uses a pixel provided by LinkedIn, which establishes a direct connection to the LinkedIn servers. It is thus transmitted to the LinkedIn server that you have visited our website. LinkedIn links this information to a unique ID that is stored on your end device in the form of a cookie or provided by your end device (“advertising ID” for smartphones). or to your LinkedIn account if you are logged in to it. If you visit other websites that also use “Insight Tag”, this information will also be linked to your unique ID or to your account. However, we do not know which other websites you visit.
5. Datatransfer and Transfer of Data Abroad
In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:
- our service providers (within the Kambly Group or externally, such as e.g. banks, insurances), including processors (such as e.g. IT providers);
- dealers, suppliers, subcontractors and other business partners;
- domestic and foreign authorities or courts;
- the media;
- the public, including users of our websites and social media;
- competitors, industry organizations, associations, organizations and other bodies;
- acquirers or parties interested in the acquisition of business divisions, companies or other parts of the XXX group;
- other parties in possible or pending legal proceedings;
- affiliates of the XXX group;
- together Recipients.
Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country in which the Kambly Group is represented by affiliates, branches or other offices as well as to other countries in Europe and the USA where our service providers are located (such as Microsoft, SAP, Amazon). If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required by way of using appropriate contracts (in particular on the basis of the standard contract clauses of the European Commission, which can be accessed here, here and here) or binding corporate rules or we rely on the statutory exceptions of consent, performance of contracts, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the persons concerned. You can obtain a copy of the mentioned contractual guarantees at any time from the contact person named under Section 1 above insofar they are not available under the aforementioned link. However, we reserve the right to redact copies for data protection reasons or reasons of secrecy or to produces excerpts only.
6. Retention Periods for your Personal Data
We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g. for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g. system logs).
7. Data Security
We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as [internal policies][, training][, IT and network security solutions][, access controls and restrictions][, encryption of data carriers and transmissions][, pseudonymisation][, inspections].
8. Obligation to Provide Personal Data To Us
In the context of our business relationship you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).
9. Profiling and Automated Individual Decision-Making
We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly relevant for you more accurately. For this purpose, we may use evaluation tools that enable us to communicate with you and advertise you as required, including market and opinion research.
In establishing and carrying out a business relationship, we generally do not use any fully automated individual decision-making (such as pursuant to article 22 GDPR). Should we use such procedures in certain cases, we will inform you separately on this and advise you of your relevant rights if required by law.
10. Your Rights
In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
In general, exercising these rights requires that you are able to prove your identity (e.g. by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the address provided in Section 1 above.
In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
11. Amendments of this Data Protection Statement
We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e‑mail or other appropriate means in case of an amendment.
Version effective as of 14th June 2022, based on DSAT.ch