Terms of Service

Terms of Use for the Thermomix® Recipe Platform (Cookidoo®)

Date: 12 April 2018

Preamble

1 Use of Cookidoo®

2 Usage Right

3 Purchase made on Cookidoo®

4 Costs

5 Delivery

6 Cookidoo® Subscription

7 Legally Mandatory Information

8 Right of Withdrawal

9 Limitation of Liability

10 Modification of these Terms of Use

11 Final Provisions

Preamble

These Terms of Use determine the use of the “Thermomix® Recipe Platform” (in the following “Cookidoo®”), which is provided by Vorwerk International Strecker & Co., Wolleraustrasse 11A, 8807 Freienbach, Switzerland (in the following “Vorwerk”) available at shop-thermomix.vorwerk.co.uk where users may purchase products, in particular digital recipe files (in the following “Recipes”). Moreover, users may subscribe to Recipes which run or are displayed on specific Thermomix® or mobile devices. Cookidoo® may be accessed via the website. These Terms of Use govern any agreement between Vorwerk and the user (in the following “User”) regarding Cookidoo®.

1 Use of Cookidoo®

1.1 Use of Cookidoo® is only possible after prior registration.

1.2 Upon registration, correct and complete information must be provided. In the event of changes in the user data, these data are to be updated, and incorrect user data are to be corrected.

1.3 The User undertakes to keep secret the access data used to access Cookidoo®. Furthermore, the User is in general responsible for any and all activities that occur under its account.

1.4 The User shall notify Vorwerk immediately of any unauthorised use of its account or any other security breaches.

1.5 In accordance with these Terms of Use, the User may use Recipes on Cookidoo® on a permanent basis or subscribe to the Recipes for a limited period of time. The respective price for the Recipes will be displayed to the User in advance.

1.6 In case that Recipes were created for specific Thermomix® devices, such Recipes may only be used with those devices and not with other Thermomix® devices.

1.7 The User shall not:

work around any technical limitations of Cookidoo®, the Recipes;

modify the Recipes;

use Cookidoo® for any purpose that is unlawful or prohibited by these Terms of Use or use Cookidoo® in any manner that could damage, disable, overburden or impair the infrastructure behind Cookidoo®.

1.8 Vorwerk reserves the right to discontinue providing the infrastructure behind Cookidoo®, however, not before the termination of a current recipe subscription. Vorwerk will notify the User about such discontinuation via email to the address provided by the User. In case of such discontinuation, Vorwerk will use reasonable endeavours that the Recipes are made available to the User in a format that allows the further use of the Recipes also without Cookidoo®.

1.9 Vorwerk reserves the right to restrict access to particular functions or to disable the User’s account in case that the User violates these Terms of Use.

2 Usage Right

2.1 Vorwerk hereby grants the User a non-exclusive, non-transferrable and non-sub-licensable right to use the Recipes for the purposes permitted under these Terms of Use (“Usage Right”). The User may only download and use the Recipes on devices designated for such download.

2.2 The User is only allowed to reproduce Recipes to the extent that this is necessary for the contractual use. The User may not lease or rent the Recipes to third parties. The Recipes are copyright protected.

2.3 The Recipes may be used by the User for their own non-commercial purposes and only as permitted under these Terms of Use. Any commercial use of these contents is subject to Vorwerk’s prior written consent. Pictures may not be copied, sold or otherwise be reproduced, unless Vorwerk has given its explicit written consent.

2.4 Any unauthorised use, including the reproduction of Recipes or the transfer of Recipes to third parties, is not allowed.

3 Purchase made on Cookidoo®

3.1 On Cookidoo®, the User will be able to purchase products (e.g. Recipe Collections) and to subscribe to Recipes.

3.2 The main characteristics of the product are listed on the description page of the product.

3.3 The User will place the product(s) or subscription selected in a shopping basket. The content of the shopping basket can be edited at any time.

3.4 By clicking on the button “Confirm Purchase” or “Subscribe now!” respectively, the User makes a legally binding offer with regard to the purchase of the product or to the Cookidoo® Subscription. The offer is accepted by Vorwerk with the subsequent explicit acceptance via email. The agreement shall have no effect until Vorwerk accepts the offer.

4 Costs

4.1 The User will pay the agreed price to Vorwerk.

4.2 The final price, which is composed of the price indicated on the website, includes value-added tax and any other price component.

4.3 The payment is due and payable with the conclusion of the agreement.

4.4 The methods of payment available are provided to the User before any order. Vorwerk offers the User to pay by credit or debit card (Master Card or Visa).

5 Delivery

For intangible products (e.g. digital Recipes), the delivery occurs upon payment by the User.

6 Cookidoo® Subscription

6.1 The User may subscribe to Recipes (“Cookidoo® Subscription”). The User may use the subscribed Recipes during the term of the Cookidoo® Subscription. After the termination of the Cookidoo® Subscription, Recipes will no longer be available to the User.

6.2 The Cookidoo® Subscription has a minimum term of one year, beginning with its activation, and will automatically renew at the end of this minimum term for further one year terms each. Either party may terminate the Cookidoo® Subscription with effect to the end of each year without notice period.

6.3 Both parties’ right of extraordinary termination for cause remains unaffected.

7 Legally Mandatory Information

7.1 Vorwerk’s offers are not binding.

7.2 By clicking on the button “Confirm Purchase”, the User makes a legally binding offer with regard to the purchase of the product or to the Cookidoo® Subscription. The offer is accepted by Vorwerk with the subsequent explicit acceptance via email. The agreement shall have no effect until Vorwerk accepts the offer.

7.3 The exclusive language available for the conclusion of the agreement is English.

7.4 The text of the agreement is not stored by Vorwerk. However, it will be sent to the User together with these Terms of Use via email.

7.5 The User is entitled to statutory warranty rights.

8 Right of Withdrawal

The following instructions on withdrawal apply for the permanent paid-for use and the paid-for subscription of Recipes (Cookidoo® Subscription).

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Vorwerk International Strecker & Co., Wolleraustrasse 11A, 8807 Freienbach, Switzerland, (Tel: 0330 660 0834 or Email: info@vorwerk.co.uk) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

8.1 Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

– To:

Vorwerk International Strecker & Co., Wolleraustrasse 11A, 8807 Freienbach, Switzerland

E-Mail: info@vorwerk.co.uk

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

– Ordered on (*)/received on (*),

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date

__________

(*) Delete as appropriate

9 Limitation of Liability

9.1 All liability of Vorwerk, in particular with regard to any claims of the User for compensation and the reimbursement of any expenditure incurred without effect, shall be based solely upon this clause, regardless of the legal nature of the claim.

9.2 Vorwerk is liable in accordance with the statutory provisions in the event of intent and gross negligence, however only for direct damages and not for indirect damages or lost profit. Vorwerk shall be liable according to the statutory provisions in the event of death, bodily injuries or adverse health effects.

9.3 If no case according to paragraph 10.2 is given, Vorwerk is liable only for breach of an essential contractual duty, however limited to typical, foreseeable damages.

9.4 The limitation of liability also applies respectively in favour of the employees, agents, legal representatives and assistants of Vorwerk.

9.5 Any liability of Vorwerk for guarantees provided or for claims under applicable product liability laws shall remain unaffected.

9.6 Vorwerk is not liable for any Recipes and other use recommendations if and to the extent that use and safety instructions have not been complied with.

9.7 Any contents that are published by Vorwerk on Cookidoo® is compiled with utmost diligence. Vorwerk does, however, not assume any warranty that such contents are technically correct, complete and up to date.

10 Modification of these Terms of Use

Vorwerk reserves the right to amend these Terms of Use in case that this becomes necessary due to the further development of Cookidoo® or because new functionalities will be implemented. The foregoing right excludes provisions that determine the parties’ primary contractual obligations, they will not be changed in the manner described in this section. Vorwerk will notify the User in text form about the modified terms before they will enter into force and Vorwerk will inform the User separately about the new provisions as well as the planned date for the new terms to enter into force. At the same time, Vorwerk will grant an adequate, at least six-week period to the User to terminate the agreements that are based on these Terms of Use without notice, in case that the User does not agree with the modified Terms of Use; where there is a termination of the Cookidoo® Subscription, fees which have already been paid for the remaining term will be reimbursed. If the User does not terminate the agreement within the aforementioned period, the modified terms shall apply upon expiration of the period. The termination shall be made in writing or text form (e.g. via email). Upon notification of the modified Terms of Use, Vorwerk will inform the User about his termination right, the applicable termination period and the significance of remaining silent.

11 Final Provisions

11.1 The interpretation of these Terms of Use shall be governed by Swiss law, to the exclusion of conflict of law provisions and the UN Sales Law (CISG). Any applicable provisions concerning the limitation of choice of law and the applicability of mandatory provisions, in particular of the state in which the User as consumer has his habitual residence shall remain unaffected.

11.2 If any provision of these Terms of Use is held to be unenforceable for any reason, the parties will replace the invalid provision with a valid provision which comes closest to the economic purpose of the invalid provision. The remaining provisions of these Terms of Use shall not be affected.

Privacy Policy

Privacy Policy for the Thermomix® Recipe Platform (Cookidoo®) and the Thermomix® TM5

Date: 22 May 2018

Content

1 General

2 Data Controller

3 Platform and App

4 Tracking Tools

5 Data Transfer between Vorwerk Group Companies, Tracking of Usage Behaviour on Cookidoo® and the App

6 Tracking of Usage Behaviour on Your Thermomix® TM5

7 Payment Data

8 Email Marketing

9 Deletion of Data, Retention of Data

10 Use of Usage Data

11 Recipients of personal data

12 Your data protection rights

13 Right to lodge a complaint

14 Data Security

15 Status of the data protection notice

16 Contact details to Data Protection Officer

1 General

1.1 The following provisions determine how Vorwerk International Strecker & Co., Wolleraustrasse 11A, CH-8807 Freienbach, Switzerland (“Vorwerk International”) and Vorwerk UK Limited, Ashurst Manor, Church Lane, Sunninghill, SL5 7DD (“Local Vorwerk Entity”, both companies together the “Vorwerk Group Companies”) handle your personal data with regard to the “Thermomix® Recipe Platform” (“Cookidoo®” or “Platform”) and the “Vorwerk Thermomix® TM5”, a kitchen device with optional internet connection (“Thermomix® TM5”). The sale of the Thermomix® TM5 is supported by a team of Thermomix® advisors (“Thermomix® Advisor”) who also organise cooking demonstrations and other events, providing professional presentations and first-hand experiences with regard to the use of the Thermomix® TM5.

1.2 Vorwerk International is the provider of Cookidoo®, whereas the Local Vorwerk Entities distribute the Thermomix® TM5.

1.3 Detailed information about the handling of your data is provided below in the data protection notice, if you have any questions or comments, please contact our Data Protection Officer at dpo@vorwerk.ch.

1.4 You can access this privacy information at any by retrieving it from Cookidoo® at Help | Data protection or Cookies or, if the Thermomix® TM5 is connected with the Internet via the Cook-Key®, access it in the Thermomix® TM5 in the menu Settings | Privacy | Privacy policy.

2 Data Controller

Vorwerk International is the data controller with regards to all data processed as described in the following. However, in certain cases described in this Privacy Policy, data may be transferred to other legal entities which will then be data processor of such transferred data. Detailed information about the handling of your data is provided below in the policy, if you have any questions or comments, please contact our Data Protection Officer at dpo@vorwerk.ch.

3 Platform

3.1 The following provisions of this section 3 do only apply to the use of Cookidoo®. They do not apply with regard to the Thermomix® TM5.

3.2 Automated Data Collection

3.2.1 When Cookidoo® is accessed via a device, for technical reasons, the following data will automatically be transmitted to Vorwerk International: IP address, date and time, quantity of data transmitted, accessing device, operating system running on the accessing device, a notification of whether access was successful.

3.2.2 The foregoing data will be used to technically enable you to use Cookidoo® and serves the purpose of handling the contractual relationship. Additionally, the data may be evaluated for statistical purposes and to improve the service offered in a pseudonymous form. You may object to such use of your data. See section 12.4 for further details.

3.3 Data Entered by the User

3.3.1 Before being able to use Cookidoo®, you have to create a user account. For this purpose, you must enter your email address and a password. This data is required in order to create and administer the user account for you. Optionally, you can additionally enter your name and your date of birth that will serve the purpose of offering you a gift on the occasion of your birthday. Please note that your user account can be connected with your Thermomix® TM5 if the Thermomix® TM5 is connected with the Internet via the Cook-Key® and if you have given your consent pursuant to sec. 6.2.

3.3.2 Furthermore, you may provide additional data, such as shopping lists maintained on Cookidoo® or provide data in the course of the use of the weekly planner as offered on Cookidoo®. Such provision of data is optional.

3.4 Cookies

3.4.1 We use cookies on Cookidoo® to give you the best user experience. Cookies are sets of data which are stored by your web browser and which contain data. If your consent is necessary in this respect, cookies will only be used if you have granted the required consent.

3.4.2 You also may deactivate the use of cookies and remove existing cookies in your web browser. For further information, please refer to your browser's help function.

3.4.3 In case you prevent the storage of cookies by setting your browser software accordingly, you may possibly not be able to fully use all features on Cookidoo®.

4 Tracking Tools

4.1 Tracking and Analysis Technologies

4.1.1 We use the following tracking and analysis technologies which are provided by third party providers. All of these technologies use cookies. These tracking tools will be used on Cookidoo®, even in case you are not logged into your user account.

4.1.2 On behalf of Vorwerk International, the providers listed below do collect information in order to analyse your usage of Cookidoo® in an anonymized way, to compile reports on your activities on Cookidoo®, and to provide further services to Vorwerk International relating to the usage of Cookidoo®. The IP address transferred by your browser within the framework of the following technologies will not be combined by the providers with other data.

4.1.3 The data collected by the providers will be collected in anonymized user profiles. It will not be connected with your user profile on Cookidoo®.

4.2 Google Analytics and Google Tag Manager

4.2.1 The Platform uses Google Analytics and the Google Tag Manager, which are both web analysis services provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The information generated by the cookie regarding your use of Cookidoo® is usually transferred to a Google server in the USA, and is stored there.

4.2.2 As the IP anonymization function is activated on Cookidoo®, your IP address will be shortened by Google within Member States of the European Union or other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will Google transfer the full IP address to a Google server in the USA, and will shorten it there.

4.2.3 You can prevent collection by Google of the data generated by the cookie and relating to your use of Cookidoo® (including your IP address), as well as processing of these data by Google, by downloading and installing the browser plug-in provided at the following link: https://tools.google.com/dlpage/gaoptout. If you prevent the storage of cookies in accordance with this clause, you may possibly not be able to fully use all features on Cookidoo®.

4.3 New Relic Browser

4.3.1 For the purpose of surveillance of availability and performance of our servers that serves our legitimate interest to be able to provide you with services, we use the web analysis service „New Relic Browser“, offered by New Relic Inc., 188 Spear Street, Suite 1200, San Francisco, CA 94105, USA. Technical performance data such as response and loading times of websites will be collected and held by New Relic and provided to Vorwerk International; this data will be analysed for the purpose of improving our server performance. For this purpose, user profiles which do not contain personal data will be used on a pseudonymous basis. For further information about the respective privacy policy for New Relic browser please see https://newrelic.com/privacy.

4.4 Data sharing with law enforcement authorities

4.4.1 We reserve the right to share information relevant for the purpose of prevention and prosecution of criminal acts in case we observe any illegal behaviour relating to usage of Cookidoo or Thermomix® TM5 that serves our legitimate interest to protect our business and other users of Cookidoo or Thermomix® TM5.

4.4.2 When sharing data with law enforcement authorities we commit to follow officially recognised procedures

5 Data Transfer between Vorwerk Group Companies, Tracking of Usage Behaviour on Cookidoo®

5.1 The following provisions of this section 5 do only apply to the use of Cookidoo® and your data provided on the order form for the Thermomix® TM5. They do not apply with regard to data collected by the Thermomix® TM5 itself.

5.2 In case you have given your consent as outlined below, the following applies:

5.2.1 Cookidoo® is provided to you by Vorwerk International, whereas the Thermomix® TM5 is provided by the Local Vorwerk Entity. Subject to your consent, these Vorwerk Group Companies will synchronise the customer databases and exchange the personal data which you provided upon completion of the order form and upon registration on Cookidoo® between the Vorwerk Group Companies in order to keep each of the companies’ databases up to date and provide you with customer service support. In case you have not opened a user account on Cookidoo®, Vorwerk International will only inform the Local Vorwerk Entity, that no account exists.

5.2.2 In addition to the foregoing and again subject to your consent, the Vorwerk Group Companies will track and analyse your visits of Cookidoo® and what products you have viewed or purchased and when. They will furthermore track what functions of Cookidoo® you have used and how you have used them. For this purpose, the Vorwerk Group Companies will also combine the data collected with Google Analytics and the Google Tag Manager (see section 4.2) with your user account.

5.2.3 The Vorwerk Group Companies will use the foregoing data for research on your usage behaviour that serves our legitimate interest to:

better understand how you and other users of the Thermomix TM5 use Cookidoo®, and

in order to provide you with content and offers matching your possible interests, and

in order to improve services and products.

5.2.4 Based on the foregoing information, content and recommendations will be displayed on Cookidoo® or on other websites or apps of the Vorwerk Group Companies and within marketing emails, to the extent you additionally consented to the reception of such marketing emails.

If you have given your consent to the transfer and processing of data for the foregoing purposes, you have issued the following declaration of consent in the privacy settings on Cookidoo®:

Keep Your Data up to Date: Data Exchange

I agree that Vorwerk International Strecker & Co., Switzerland and Vorwerk UK Limited (the “Vorwerk Group Companies”) may exchange the personal data which I provided upon completion of the order form and upon registration on Cookidoo® in order to keep their databases up to date.

Get Matching Suggestions: Tracking And Analysis

I agree that the tracking and analysis technologies Google Analytics, Google Tag Manager, and New Relic Browser are used. As a consequence the Vorwerk Group Companies may set cookies in order to track and analyse my usage behaviour in order to improve their products and services. For the same purposes the Vorwerk Group Companies may link the data of Cookidoo® with the data of the usage behaviour of my Thermomix® TM5 if I have additionally given my prior consent to the tracking of usage behaviour on my Thermomix® TM5. Further details about this consent declaration are set out section 5 of the Privacy Policy.

Additional Details

Further details about the tracking and analysis of my usage behaviour and about how to opt-out from the collection and storage of data collected by tracking and analysis technologies are set out in section 4 of the Privacy Policy. Information about how to delete cookies can be found in section 3.5 of the Privacy Policy.

Marketing via email and via telephone however will only take place in case I have given additional consent.

I can withdraw my consent at any time e.g. by sending an email to info@vorwerk.co.uk or by changing my privacy settings on Cookidoo® in the TM user profile.

Further details about this consent declaration are set out section 5 of the Privacy Policy.

5.2.5 You can withdraw your consent at any time e.g. by sending an email to info@vorwerk.co.uk or by changing your privacy settings on Cookidoo® in the TM user profile.

6 Tracking of Usage Behaviour on Your Thermomix® TM5

6.1 The following provisions of this section 6 do only apply to the use of the Thermomix® TM5 and only if the Thermomix® TM5 is connected with the Internet via the Cook-Key®. They do not apply with regard to the use of Cookidoo®.

6.2 In case you have given your consent as outlined below, the following applies:

6.2.1 In case you have given your prior consent, the Thermomix® TM5 will transfer data about the use of your Thermomix® TM5 to the Vorwerk Group Companies as defined in section 1.1 and these companies will link such data with your user account on the Platform and with your customer data stored by your Local Vorwerk Entity. The data collected by the Vorwerk International on the use of your Thermomix® TM5 comprises of the Thermomix® TM5 device identifier (TM5 Device ID) and Cook-Key® ID, your IP address, your country and region determined by your IP address, your customer preferences, use of recipe chips, error messages, in case of use of guided cooking the recipe name and recipe ID, date and time of each of the usage events. The Vorwerk International will thus track, what recipes are cooked and what functions of the device are used at what time and date.

6.2.2 The Vorwerk International will use this data for the performance of research on your usage behaviour

in order to better understand how you and other users of the Thermomix® TM5 use the Thermomix® TM5, and

in order to provide you with content and offers matching your possible interests, and

in order to improve services and products.

6.2.3 Additionally, based on the legitimate interest in order to improve the connectivity of the Cook-Key®, Vorwerk International will track, record and analyse the type of connection used, the number and duration of successful and failed connections, service set identifier (SSID) and the number of networks used and in case of failed connections, the reason for the failure in form of an error code.

6.2.4 Depending on the information collected as explained in point 6.2.1., content and recommendations will be displayed on Cookidoo®, on the Thermomix® TM5 or on other websites or apps of the Vorwerk International and within marketing emails, to the extent you additionally consented to the reception of such marketing emails.

6.2.5 In addition to the foregoing and again subject to your consent, the Vorwerk Group Companies may provide your Thermomix® Advisor with the data about your use of the Thermomix® TM5. Based on the foregoing information, your Thermomix® Advisor may contact you in order to provide you with content and offers matching your possible interests; a contact via telephone or email will only take place to the extent you additionally consented to the reception of such phone calls or marketing emails.

6.3 If you have given your consent to the processing of data on the use of your Thermomix® TM5, you have issued the following declaration of consent during the setup of the network connectivity of the Thermomix® TM5:

I agree that my usage behaviour regarding the Thermomix® TM5 may be tracked and transferred to the Vorwerk Group Companies and to my Thermomix® Advisor, as both defined in section 1.1 of the Privacy Policy, and that these companies and my Thermomix® Advisor may analyse my usage behaviour in order to improve the products and services and to provide me with content and offers matching my possible interests. In case I have opened a user account Cookidoo® I also agree that the Vorwerk Group Companies may link the transferred data with that user account for the aforementioned purposes if I have given my prior consent to the tracking and analysis on Cookidoo® according to section 5.2.4 of the Privacy Policy.

Further details are set out in section 6 of the Privacy Policy. I can disable (and re-enable) this option at any time by changing my privacy settings in the settings menu.

6.4 You can withdraw your consent at any time with future effect by changing your privacy settings in the settings menu Settings | Privacy | Privacy policy on the Thermomix® TM5. To subsequently anonymize the collected data on the use of your Thermomix® TM5, please synchronize your Thermomix® TM5 with Cookidoo® successfully after the withdrawal of your consent.

6.5 In case Vorwerk accesses your Thermomix® TM5 in the course of service calls, the Vorwerk Group Companies may copy and use data on the use of your Thermomix® TM5 and stored on your Thermomix® TM5 for the purpose of maintenance provision.

7 Payment Data

7.1 The following provisions of this section 7 do only apply to the use of Cookidoo®. They do not apply with regard to the Thermomix® TM5.

7.2 When purchasing recipes on Cookidoo®, you will have to submit payment information in order to allow processing of payments (depending on the payment method, e.g. a credit card number). Your payment will be processed via the third party payment provider Elavon Merchant Services, Lyoner Str. 36, 60528 Frankfurt/Main, Germany.

8 Email Marketing

8.1 The Vorwerk International provides information on special offers and discount promotions from time to time via email. In the marketing emails, you will be provided with information on Vorwerk, Vorwerk’s products and current offers and surveys, provided that you have registered for it. You can unsubscribe from marketing emails at any time, either by de-registering from this service on Cookidoo®, or by clicking on the unsubscribe link at the end of each marketing email.

8.2 If you have given your consent to receiving marketing emails, you have issued the following declaration of consent:

I agree that my contact details will be stored and used by Vorwerk International Strecker & Co. for the purpose of email advertising (e.g. information on special offers and discount promotions)

This declaration of consent may be withdrawn at any time by sending an email to info@vorwerk.co.uk. Additionally, a link to unsubscribe from future email advertisements is contained in each email sent. Further details on the use of personal data are set out in the Privacy Policy.

9 Deletion of Data, Retention of Data

9.1 You can completely delete your user account on Cookidoo®. For this purpose, simply send an email with the subject “delete my profile” to info@vorwerk.co.uk. Please note that use of Cookidoo® will no longer be possible once the user account has been deleted.

9.2 You can delete

the data stored on the Thermomix® TM5 by using the factory reset function in the settings menu of the TM5; see section 6.4 for further details on how to withdraw your consent to the tracking of usage behaviour on your Thermomix® TM5;

the network settings on your Thermomix® TM5 that is connected with the Internet via the Cook-Key® by using the network reset function in the settings menu of the TM5;

the recipes stored on the Cook-Key® by using the Cook-Key® reset function in the settings menu of the TM5.

9.3 The Vorwerk Group Companies will retain your data to the extent necessary and allowed, this does apply especially for accounting data related to your purchases. The criteria we use to determine the periods for retaining your personal data include the retention requirements under applicable laws, regulations and our operational requirements, such as account maintenance, enabling customer relationship management and responding to legal claims, complaints and regulatory and law enforcement requests.

10 Use of Usage Data

10.1 Your personal data necessary for enabling you to use services offered by Vorwerk International (“Usage Data”) will be used for handling the contractual relationship. Such Usage Data shall comprise your user ID, information on the beginning and end of the respective usage and on the scope of the respective usage, as well as information on the services provided to you and data as described in section 3.4.

10.2 Usage Data may be used by the Vorwerk Group Companies in anonymised form if need be, for the purposes of advertising, market research, improvement of services and for creating pseudonymous user profiles. You may object to the creation of pseudonymous user profiles. See section 11.2 for further details on how to object.

10.3 Your data may furthermore be used for the purposes described in the sections 3, 5, 6 and 8 to the extent you have given your respective consent.

11 Recipients of personal data

11.1 When providing services to you, we may share personal data to persons acting on our behalf or otherwise involved in the transaction, including:

service providers with whom personal data is being shared, and other business partners who provide services to us, such as IT hosting providers, communication services, payment services, customer service.

the Recipients of personal listed above may be located outside of the European Economic Area. Unless the country to which data is being transferred has been determined by the European Commission as the country with adequate level of protection, Vorwerk requires such recipients to comply with data protection measures enshrined in the data processing agreement and standard contractual clauses.

12 Your data protection rights

12.1 You can enforce your data protection rights by contacting the customer service or Data protection Officer at dpo@vorwerk.ch

12.2 You have the right to request that Vorwerk International provides you with access to, and/or information on the data stored by Vorwerk International with regard to your person or your pseudonym.

12.3 You have a right to information about the personal data collected and stored by us, and if applicable, a right in respect of the correction of data in case your personal data collected is inaccurate.

12.4 You have a right to object and restrict data processing or request deletion of data. These rights are not absolute under the GDPR as sometimes there might be overriding interest to continue data processing, but we will consider your request and respond to you with the outcome. You may also object to direct marketing by clicking “Unsubscribe” in any of our emails sent to you.

12.5 Where we process your personal data on the basis of consent, you have a right to withdraw that consent at any time. Please note that withdrawal of consent should not affect the lawfulness of processing based on consent before its withdrawal.

12.6 When we process your data based on consent or when data processing is required for entering into or performance of the contract with us you may have the right to request your personal data to be transferred to you or another controller.

12.7 In those cases when we process your personal data through automated decision making including profiling you will be informed about such data processing taking place, the logic involved, and be informed of the possible consequences of such processing. You have the right to contest the decision based on automated decision making, including profiling by directly contacting the Data Protection Officer at dpo@vorwerk.ch.

12.8 For questions about the collection, processing or use of your personal data, the disclosure, correction, blocking or deletion of data or objection to a particular processing of data, data portability please contact the Data Protection Officer at dpo@vorwerk.ch.

13 Right to lodge a complaint

If you are not satisfied with any aspect of data processing of your personal data by Vorwerk International Strecker & Co., we would like to understand and discuss it with you and how can we improve the situation. Nonetheless, you may submit a complaint to the local data protection supervisory authority.

14 Data Security

At Vorwerk we have implemented appropriate technical and organisational measures to prevent accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

15 Status of the data protection notice

The data protection notice was updated in May 2018. We reserve the right to amend the notice from time to time in case there are any changes to data processing. In case the data protection notice has been updated, we will take steps to inform you of the update by appropriate means, such as through your account or other means in case they are more suitable e.g. email.

16 Contact details to Data Protection Officer

Vorwerk International Strecker & Co.

Wolleraustrasse 11a, POB 261

CH – 8807 Freienbach

Email address: dpo@vorwerk.ch

Disclaimer

1. Copyright:

Texts, pictures and other information published on the website are – unless otherwise indicated – the copyright of Vorwerk International Strecker & Co. Any storage, duplication, reproduction or forwarding of the content, even in excerpts, is only permissible with the written authorisation of Vorwerk International Strecker & Co. THERMOMIX und COOKIDOO are registered trademarks.

2. Content of the Online Presence:

The internet page operator and the authors shall assume no liability for the topicality, correctness or quality of the information provided. Claims for liability against the operator or the authors which are based upon damage of a material or immaterial type, caused through the use or non-use of the information represented or through the use of incorrect or incomplete information, shall be fundamentally excluded provided it cannot be proved that either the operator or authors acted with intent and/or were grossly negligent. All offers are without engagement and non-binding. The operator and authors expressly reserve the right to modify, supplement or delete sections of the pages or the entire offer without specific notification or to suspend publication temporarily or entirely.

3. References and Links:

Liability in the case of direct or indirect references to third-party internet pages (links), outside the area of responsibility of the operator or authors, may only be derived when the operator of authors have knowledge of the content and when it would be technically possible and reasonable to prevent a use of any illegal content. Therefore, the operator and authors declare expressly that at the time of setting-up the links, the linked pages were free of any illegal content. The operator and authors have no influence whatsoever on the current and future design or on the content of the linked pages. They, therefore, distance themselves expressly from any content on the linked pages that was/has been modified since the links were set-up. This statement applies to all links and references set-up within the internet presence as well as to all third-party entries in guest books, discussion forums and mailing lists established by the operator. The provider of the page to which reference is made shall be solely liable for any illegal, incorrect or incomplete content and, in particular, for any damage ensuing from a use or non-use of such types of information represented and not that party that merely makes reference to respective publications via links.

4. Copyrights and Trademark Rights:

In all publications the author shall endeavour to observe the copyrights associated with the graphics, sound documents, video sequences and texts used, to utilise graphics, sound documents, video sequences and texts prepared by author him/herself or to fall back on graphics, sound documents, video sequences and texts that are licence-free. All brands and trademarks mentioned within the internet presence and possibly protected by third parties shall be unlimitedly subject to the provisions of the currently valid trademark legislation and the ownership rights of the respectively registered owner. It may not be concluded from a simple mention that trademarks are not protected by third-party rights! The copyright for published objects, furnished by author him/herself, shall remain solely with the author of the pages. Any duplication or utilisation of such graphics, sound documents, video sequences and texts in other electronic or printed publications shall not be permissible without the express consent of the author.

5. Data Protection:

Should there be the possibility of entering personal or commercial data within the internet presence (e-mail addresses, names, addresses), then such divulgence on the part of the user shall be on an expressly voluntary basis. The utilisation and payment of services on offer is – as far as technically possible and reasonable – allowed without the disclosure of such data or through the use of anonymous details or a pseudonym.

6. Legal Validity of the Disclaimer:

This disclaimer of liability is to be regarded as a part of the internet presence to which reference has been made on this page. Should parts or individual formulations in this text not, no longer or not fully be compatible with current legislation, the remaining parts of the document shall remain unaffected by this in their content and validity.

Imprint

Address:
Vorwerk International Strecker & Co.
Wolleraustrasse 11a
8807 Freienbach
Switzerland

Office:
Freienbach

VAT No:
GB 233 6709 08

Commercial Register:
Kanton Schwyz
CH-108.361.353

Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR:

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed under http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for resolving their disputes. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.

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