New Orchard Privacy Policy

Through this data protection statement, we inform you about which personal data (data that directly or indirectly identifies you) we collect and process in connection with our activities. This applies to all processing activities related to personal data.

We process the received and collected data responsibly, in accordance with applicable legal regulations and this data protection statement. Our processing is primarily subject to the Swiss Data Protection Act (DSG). However, this data protection statement also aims to meet the requirements of the EU General Data Protection Regulation (GDPR). Whether and to what extent these regulations apply depends on the individual case.

We are The New Orchard GmbH (Seestrasse 82, 8002 Zurich, Switzerland) and we are responsible for processing your personal data as described in this document (unless otherwise specified in specific cases). Any references to "The New Orchard," "we," or "us" in this privacy statement refer to The New Orchard GmbH.

 

 

Responsibility for data

 

If you have concerns about data protection, you can ask us your question here:
hello@theneworchard.com  lub: The New Orchard GmbH

Seestrassse 82

8002, Zurych

Szwajcaria

 

 

Collection and processing of personal data

We mainly process personal data that we receive from individuals and entities involved in our business relationships with customers and other business partners, or that we collect from users while using our website and other applications.

In particular, we collect and process the following personal data:

• Inventory data, such as name, address, email address, phone number, gender, date of birth, social media profiles, photos, videos, relationship information (client, service provider, etc.), history, official information (e.g., extracts from the commercial register), permits, etc., information about subscribed newsletters or other advertisements (including consent);
• Communication data, such as contact information, method of communication (phone, email, text messages, video messages, etc.), as well as location, date, time, and content of communication;
• Content data, such as username, password, email address, photos, videos;
• Financial data, such as payment details, creditworthiness information;
• Contractual data, i.e., data generated in connection with the conclusion or execution of a contract, such as information about the conclusion of a contract, acquired claims and demands, customer satisfaction information, purchase information (e.g., date of purchase, place, time, history, and quantity, type, and value of goods/services);
• Technical data, such as IP address, operating system, date, time, geographic designation;
• Behavioral data, i.e., information about the duration and frequency of visits to our website, date and time of visit or opening messages (newsletter, email, etc.), location of your device, interaction with our online presence in social networks or other third parties;
• Preference data, such as user settings, data derived from the analysis of collected data (particularly behavioral data);
• Other information that you provide to us.

As a rule, providing personal data is voluntary, which means that in most cases you are not obligated to provide us with personal data. However, we must collect and process personal data that are necessary or required by law to establish a contractual relationship and fulfill related obligations. Otherwise, we will not be able to enter into or continue the respective contract.

If you provide us with data about other individuals (e.g., family members, recipients), we assume that you are authorized to do so and that the data are correct. Ensure that these individuals are familiar with this privacy policy.

When you place an order through our website, we will store your order information in our records unless you ask us to delete this information.

Purpose of processing your data

We primarily process your personal data to enter into and fulfill our agreements with you, our clients, and our business partners. Specifically, we use your personal data for the following purposes:

 

• Managing our business and optimizing internal processes;
• Ensuring your and our security and preventing abuse (e.g., IT security, theft prevention, fraud prevention, and evidential purposes);
• Pursuing our claims and defending against claims from others;
• Preparing and executing sales or purchases of business areas, companies, or parts of companies, and related data transfers;
• Communicating with you;
• Conducting advertising, marketing, market research, and product development activities;
• Meeting legal and regulatory obligations;
• Providing and improving our services (including our website) for you and our clients;
• Managing business relationships with you and our clients.
• By processing personal data for the purposes described in this document, we rely, among other things, on our legitimate interest in maintaining, developing, and managing business relationships and communicating with you as a customer about our products and services.

 

In some cases, you may provide consent for the processing of your personal data. Where we do not have another legal basis, we process your personal data based on and within the scope of the consent given. You can withdraw your consent at any time. Withdrawal of consent does not affect the processing that took place before its withdrawal.

 

Collaboration with Third Parties

We reserve the right to share our customers’ personal and contact information with companies we collaborate with as part of joint promotions and marketing activities.
This applies particularly to situations where purchases made with us include products or services offered by other companies as part of promotional packages.

 

Data Security

Taking into account the current state of knowledge, implementation costs, as well as the nature, scope, circumstances, and purposes of the processing, and varying likelihood and severity of risks to the rights and freedoms of individuals, we implement appropriate technical and organizational measures to ensure that these risks are adequately managed. These measures include, in particular, ensuring confidentiality, integrity, and availability of data through physical access controls, as well as monitoring, control, and securing of access, input, transmission, availability, and separation of data. We have also established procedures to ensure that the rights of individuals whose data is processed are respected, data is deleted, and data is adequately secured. Additionally, we consider data protection in the development or selection of equipment, software, and processes, adhering to the principle of Privacy by Design and implementing default settings that are data protection-friendly.

 

Data transfer and data transfer abroad
We may disclose your personal data to trusted third parties if necessary or appropriate to provide our services or achieve the purposes specified in this Privacy Policy. This applies particularly to the following recipients:

 

• Communities, including individuals visiting websites and social media.
• Authorities, governmental bodies, and courts, both domestic and foreign.
• Our service providers (such as payment service providers, banks, insurance companies, tax advisors, or auditors), including entities handling orders (e.g., IT providers).
• Dealers, suppliers, subcontractors, and other business partners.
• Other parties in potential or actual legal proceedings.
• Competitors, industry organizations, associations, and other committees.
• Buyers or parties interested in acquiring business areas, companies, or other parts of our business.

 

As part of our activities, we share your personal data with third parties to effectively use your personal data as described above purposes. Additionally, we use Google Analytics to better understand how our customers use the Website — you can find more information on how Google uses your personal data here: [link to Google's privacy policy]. You can also opt-out of Google Analytics here: [link to Google Analytics opt-out tool].

If we process data in a third country (i.e., outside the European Union (EU) or European Economic Area (EEA)), or if this occurs through the use of third-party services or the disclosure/transmission of data to third parties, it will only happen when necessary to fulfill our pre-contractual obligations, based on your consent, on a legal obligation, or on our legitimate interests. Subject to legal permissions or contractual approvals, we process or instruct the processing of data in a third country only when there are specific safeguards in place, such as an officially recognized determination of a level of data protection equivalent to the EU (e.g., in the case of the USA through the "Privacy Shield") or compliance with officially recognized special contractual requirements (such as "standard contractual clauses").

 

Profiling

"Profiling" means automated processing of personal data to analyze personal aspects or predict (e.g., assessing personal interests and habits). Generally, preference data is obtained through profiling. We use profiling particularly for automated processing of basic, contractual, behavioral, and preference data when using and purchasing our offers and services, as well as related to our website, events, contests, and promotions. Specifically, we use profiling to enhance our offerings, tailor content to your needs, provide you with only relevant advertisements and offers, and determine available payment options based on creditworthiness checks. We may also combine personal data from different sources as a basis for profiling to improve the quality of our analyses and forecasts.

Behavioral Advertising

As described above, we use your personal data to deliver targeted advertisements or marketing communications that we believe may interest you. For more information on how targeted advertising works, you can visit the Network Advertising Initiative's educational page at: http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

Rights of data subjects

Insofar as this applies to you as a potentially affected person, you have the right to file various claims against us in accordance with applicable national and international laws. If necessary, we will reprocess your personal data to fulfill your requests.

You have the following rights regarding your personal data:

• Right to information: You have the right to obtain information about what personal data we have about you and how we process it;
• Right of access or data portability: You have the right to receive a copy of your personal data in a commonly used electronic format if it is processed automatically and on the basis of your consent or in direct connection with the conclusion or performance of a contract between you and us;
• Right to rectification: You have the right to correct your personal data if it is incorrect;
• Right to erasure of data: You have the right to request the deletion of your personal data;
• Right to object: You have the right to object to the processing of your personal data (especially in cases of processing for marketing purposes).
  
  Please note that these rights are subject to specific conditions and exceptions. We may limit or reject your request if permitted by law. We reserve the right to provide only excerpts or redacted copies of data due to data protection or confidentiality concerns.

If you would like to exercise your rights against us, or if you have concerns about the way we process your personal data, please contact us; You can find contact information in Section 1. To avoid abuse, it will be necessary to confirm your identity (e.g. by providing a copy of your ID card). Each data subject also has the right to pursue his or her claims in court or to file a complaint with the competent data protection authority. In Switzerland, the responsible data protection authority is the Federal Commissioner for Data Protection and Information (http://www.edoeb.admin.ch).

Duration of storage of personal data

We process and store your personal data for as long as necessary to fulfill our contractual and legal obligations or to fulfill other processing purposes, for example, for the entire duration of the business relationship (from its commencement, through its processing, until the termination of the contract), and in accordance with applicable retention and documentation regulations. There may be times when personal data is retained for a period during which claims may be made against our company, and to the extent required by law or based on legitimate business interests (for example, for evidence and archiving purposes). When personal data is no longer needed for the aforementioned purposes, it is usually deleted or anonymized where possible. For operational data (for example, system logs), shorter retention periods usually apply.

 

Cookies and tracking

 

On our website, we typically use “cookies” and similar technologies that can identify your browser or device. “Cookies” are small files stored on users' devices. They may contain a variety of information. The main purpose of cookies is to collect information about you (or the device on which they are stored) during or after your visit to our website. Temporary cookies, also known as “session cookies” or “transient cookies,” are deleted when the user leaves the site and closes the browser. Examples include storing the contents of your shopping cart in an online store or your login status. Persistent cookies remain stored even after the browser is closed, storing, for example, the user's login status even days after the last visit. They may also contain information about a user's interests, used for outreach analysis or marketing purposes. “Third-party cookies” are cookies offered by providers other than the operator of our website (if offered exclusively by us, they are called ‘first-party cookies’).

 

We may use short-term and long-term cookies and we present this information as part of this privacy statement. Below we describe the cookies and similar technologies we use. If you do not want cookies to be stored on your device, please deactivate the corresponding option in your browser settings. Stored cookies can also be deleted via your browser settings. Disabling cookies may limit the functionality of this website.

A general objection to the use of cookies for marketing purposes can be made, especially in the context of tracking, via the Network Advertising Initiative (NAI) website in the US at http://www.aboutads.info/choices/ or the European Your Online Choices website at http://www.youronlinechoices.com/. In addition, it is possible to disable the storage of cookies through your browser settings. Please note that if you do so, some features of this online offering may not be available.

 

DO NOT TRACK
Please note that we do not change our practices of collecting and using data on our website when we receive a Do Not Track signal from your browser.

 

a) Google Tag Manager

Google Tag Manager is a tool that allows managing tags on websites through a user interface (enabling integration of services such as Google Analytics and other Google marketing tools with our online offerings). The Tag Manager itself does not process user personal data. For information on the processing of user personal data, please refer to the following Google service information. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.

 

b) Google Analytics

We use Google Analytics, a web analytics service provided by Google LLC ("Google"), on our website. Google uses cookies to collect information about how users use our online offerings. Typically, the generated information is transmitted to and stored on Google servers in the United States. Google is certified under the Privacy Shield Framework, ensuring compliance with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). Google will use this information on our behalf to evaluate the use of our online offerings, generate reports on website activity, and provide other services related to internet usage. This data may be used to create pseudonymous user profiles. We use Google Analytics with IP anonymization enabled. This means Google truncates the IP addresses of users within EU member states and other countries within the European Economic Area before they are transmitted to servers in the USA. Only in exceptional cases will the full IP address be sent to Google servers in the USA and truncated there. User IP addresses are not associated with other Google data. Users can block the storage of cookies by adjusting their browser settings; they can also prevent Google from collecting data generated by cookies and related to their use of our online offerings by downloading and installing the browser add-on available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

 

For more information on how Google uses data, settings, and opt-out options, please refer to Google's Privacy Policy (https://policies.google.com/technologies/ads) and the Google ad settings (https://adsettings.google.com/authenticated). User personal data will be deleted or anonymized after 14 months.

 

c) Google Universal Analytics We use Google Analytics in the form of "Universal Analytics". "Universal Analytics" involves analyzing users using a pseudonymous user ID, which allows for the creation of pseudonymous user profiles based on information about their use of various devices (so-called "device tracking").

d) Audience creation using Google Analytics We use Google Analytics to display ads within Google's advertising services and its partners only to users who have shown interest in our online offerings or have specific characteristics (e.g., interests in specific topics or products) based on the websites they visit, which we transmit to Google ("remarketing" or "Google Analytics audiences"). Through remarketing audiences, we aim to deliver ads that match users' potential interests.

e) Google AdSense with personalized ads We use Google AdSense, which enables us to display ads on our website and earn revenue from their display or other uses. Data regarding usage, such as ad clicks and user IP addresses, are processed, with the last two digits of the IP address truncated. User data processing is done pseudonymously.

f) Google AdSense with non-personalized ads We use Google AdSense, which displays ads on our website and allows us to earn revenue from their display or other uses. Data regarding usage, such as ad clicks and user IP addresses, are processed, with the last two digits of the IP address truncated. User data processing is done pseudonymously. We use AdSense with non-personalized ads, which are not displayed based on user profiles.

g) Google AdWords and Conversion Tracking

We employ Google's internet marketing tool "AdWords" to place advertisements within the Google advertising network (including search results, videos, websites, etc.) and display them to users who are likely interested in such ads. This enables us to present ads within our online offerings in a more targeted manner, tailored to users' potential interests. For example, if a user sees ads for products they have previously viewed online, this is known as "remarketing". To achieve this, when you visit our or other websites within the Google advertising network, Google automatically executes Google code and remarketing tags (invisible graphics or codes, also known as "web beacons") integrated into our website. These tags allow an individual cookie to be stored on the user's device, which contains information about visited pages, interests, clicked offers, as well as technical details about the browser, operating system, referring pages, and visit time. We also receive an individual "conversion cookie". The information collected via the cookie enables Google to generate conversion statistics for us. However, we only receive anonymized numbers of users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not receive any information that could personally identify users. User data is processed pseudonymously within the Google advertising network. This means that Google does not store or process names, surnames, or email addresses of users, but processes relevant data from cookies within pseudonymous user profiles. From Google's perspective, ads are displayed for the cookie holder, regardless of the user's identity. This does not apply when a user explicitly allows Google to process data without pseudonymization. Information about users is transmitted to Google and stored on Google servers in the USA. For more information on how Google uses data, settings, and options to object, please refer to Google's privacy policy (https://policies.google.com/technologies/ads) and Google's ad settings (https://adsettings.google.com/authenticated).

h) Facebook, Custom Audiences, and Conversion on Facebook

As part of our online offering, we use the so-called "Facebook pixel" from the social media platform Facebook, operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). Facebook adheres to the principles of the Privacy Shield framework, ensuring compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

Through the Facebook pixel, Facebook can identify users visiting our online offering as a target group for displaying ads (so-called "Facebook Ads"). Therefore, we use the Facebook pixel to display ads on Facebook only to Facebook users who have shown interest in our online offering or have specific characteristics (e.g., interests in certain topics or products) based on the websites they visit, which we transmit to Facebook (so-called "custom audiences"). The Facebook pixel also helps ensure that our ads on Facebook are appropriately tailored to the potential interests of users and are not perceived as annoying. Additionally, through the Facebook pixel, we can track the effectiveness of ads on Facebook for statistical and market research purposes, checking whether users are redirected to our website after clicking on ads (so-called "conversion"). Facebook's data processing is carried out in accordance with Facebook's data policy. General information on displaying ads on Facebook can be found in Facebook's data policy: https://www.facebook.com/policy.php. Detailed information about the Facebook pixel and how it works is available in the Facebook Help section: https://www.facebook.com/business/help/651294705016616.

You can choose to object to the collection of data through the Facebook pixel and its use for displaying ads on Facebook. To determine the types of ads displayed within Facebook, you can visit the page created by Facebook and follow the instructions for advertising preferences based on usage: https://www.facebook.com/settings?tab=advertising. These settings are device-independent, meaning they apply to both desktop computers and mobile devices. You can also use cookies for measuring reach and advertising purposes through the Network Advertising Initiative opt-out page (http://optout.networkadvertising.org/), the U.S. website (http://www.aboutads.info/choices), or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

Social Media

We manage our online pages and other content on social media platforms and other third-party platforms (such as fan pages, channels, profiles), collecting your data (including contact details and profile data) that you provide to us or the social media platforms, and editing them. We receive information when you engage with us through our online presence (e.g., browsing and commenting on posts). From platforms, we also receive aggregated or sufficiently anonymized data to assess and further develop our contributions and services. We process your data primarily for communication, marketing purposes (including advertising on these platforms), and market research. We may also redistribute content that you publish, remove, or limit content about you in accordance with our acceptable use guidelines. Personal data may be processed outside of Switzerland and the European Economic Area (EEA).

Additionally, platforms assess how you use our online presence and combine this information with other data they know about you. They process this data on their own responsibility, particularly for marketing and research purposes (e.g., personalized advertising) and managing their platforms (e.g., customizing content displayed to users).

Besides data protection statements, other legal documents such as Terms and Conditions of Sale and Terms of Use apply when using platforms.

We currently use the following platforms:

• Facebook: We currently use the Facebook platform, which includes statistics of the Meta Platforms Ireland Limited website, based in Dublin, Ireland. We are jointly responsible with Meta Platforms Ireland Limited and have entered into an “Administrator Addendum” (https://www.facebook.com/legal/controller_addendum). For more information on data processing, see Facebook's privacy policy: https://www.facebook.com/privacy/policy.
• Pinterest: Pinterest Europe Ltd. and Pinterest, Inc. are jointly responsible for processing your personal data in accordance with the RODO. Pinterest Europe Ltd. is based in Dublin, Ireland, while Pinterest, Inc. is based in San Francisco, USA. For more information on data processing, see Pinterest's privacy policy: https://policy.pinterest.com/de/privacy-policy.
• Instagram: Instagram is covered by Meta Platforms Ireland Limited, based in Dublin, Ireland. For more information on data processing, see Instagram's privacy policy: https://privacycenter.instagram.com/policy.
• YouTube: YouTube LLC and Google LLC are jointly responsible for processing your personal data in accordance with the GDPR. YouTube LLC is based in San Bruno, California, USA, while Google LLC is based in Mountain View, California, USA. For more information on data processing, see YouTube's privacy policy.
• TikTok: TikTok Technology Limited and TikTok Inc. are jointly responsible for processing your personal data in accordance with the GDPR. TikTok Technology Limited is based in Dublin, Ireland, while TikTok Inc. is based in Culver City, California, USA. For more information on data processing, see TikTok's privacy policy.

 

Changes in privacy policy

We may modify this privacy policy at any time without prior notice. The current version available on our website applies. In the event that the Privacy Policy is part of a contract with you, we will notify you of changes by email or an appropriate means of communication.