Privacy Policy of Berner Mandelbärli AG

Bern, 9 October 2023

1. General information

This privacy policy describes how Berner Mandelbärli AG collects and processes personal data. General terms and conditions, conditions of entry and shipping information are listed separately. “Personal data” is considered to be any information relating to an identified or identifiable person. If you provide us with personal data of other persons (e.g. family members, work colleagues, suppliers or other recipients of a contractual relationship), please ensure that they are all aware of this privacy policy, and only share their personal data with us if you are permitted to do so and the relevant personal data is correct. By submitting personal data of third parties, you confirm this to us. This privacy policy is aligned with the EU General Data Protection Regulation (GDPR). While the GDPR is a regulation that applies to the European Union, it is nevertheless also relevant to us. The Swiss Data Protection Act (DPotectiA) is heavily influenced by EU law, and companies outside the European Union or EEA are also required to comply with the GDPR in certain situations.

2. Responsibility

Berner Mandelbärli AG, Weyermannstrasse 24, 3008 Bern is responsible for data processing. Please send any enquiries regarding data protection to: Berner Mandelbärli AG, Weyermannstrasse 24, 3008 Bern or kontakt@mandelbaerli.ch with the heading “Data protection”.

3. Collection and processing of personal data

In this privacy policy, we process personal data we receive from interested parties and business partners, or collect through the operation of our website, the dispatch of newsletters and applications in the payment area. In addition to the data you provide us with directly, we collect personal data you provide in connection with an order so that we can conclude or process contracts (offers, purchases, orders) with you or involving you. Furthermore, we also collect information from contractual partners for compliance with legal requirements, such as when you provide services (payments, purchases, deliveries, etc.). In connection with the use of the mandelbaerli.ch website, we collect personal data (e.g. IP address, MAC address of the smartphone or computer, details of your device and settings, cookies, date and time of visit, pages viewed and content, functions used, referring website, location details).

4. Purpose of data processing and legal basis

We use the personal data we collect primarily to conclude and process our contracts with our interested parties and business partners, in particular in connection with the sale of our products to interested parties, the purchase of products and services from our suppliers and to meet our legal obligations. If you work for such an interested party or business partner, this may mean that your personal data is also affected. We use personal data for direct customer contact and advertising, provided you consent to the use of your data, for the following purposes:

  • Communicating and offering of our products and services
  • Processing of enquiries
  • Advertising and marketing
  • Enforcement of legal claims
  • Prevention and investigation of criminal offences (combating fraud)
  • Video surveillance with a view to maintaining house rules and other measures for IT, building and facility security, and to protect our employees.

If you have given us your consent to process your personal data for certain purposes, this consent can be revoked at any time, but this revocation has no effect on data processing that has already taken place. If, as an existing customer, you do not wish to receive advertising, you can inform us of this at any time by sending an email to kontakt@mandelbaerli.ch. You can unsubscribe from the newsletter via a link provided for this purpose in the newsletter.

5. Google Analytics

We use “cookies” and similar technologies on our website to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website. These “cookies” allow for an analysis of the use of our website, including IP addresses, by us and Google in the USA. You will be recognised by this cookie for the collection of anonymous information (e.g. number of visitors to the website, origin of visitors, length of stay). As a matter of principle, we do not transmit any personal data or complete IP addresses to Google. These cookies can be rejected if you opt out of the following browser plug-in: https://tools.google.com/dlpage/gaoptout?hl=en.

If you block cookies, certain functionalities (such as language selection, shopping cart, ordering processes) may no longer work. By using our websites and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not want this, you will need to set your browser or e-mail program accordingly

6. Google Ads

We use the Google Ads service to draw attention to our offers with the aid of advertising media on external websites. In this way, we pursue the interest of showing you advertising that is of interest to you. This advertising material is delivered by Google via “ad servers”, and we use ad server cookies to monitor certain parameters for measuring success, such as 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 lose their validity 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 (to indicate that the user no longer wishes to be addressed) are usually stored as analysis values for this cookie. If a user visits certain pages of an Ads client’s website and the cookie stored on their computer has not yet expired, Google and the client will be able to see that the user has clicked on the ad and been directed to that page. A different cookie is assigned to each Adwords client, which means they cannot be tracked via the clients’ websites. We receive statistical evaluations from Google. We do not receive any further data from the use of the advertising material; in particular, we cannot identify the users on the basis of this information. There are different ways to prevent participation in this tracking process: a) by setting your browser software accordingly – suppressing third-party cookies in particular will stop you from receiving ads from third-party providers; 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 (this setting is deleted when you delete your cookies); c) by deactivating interest-based ads from companies that are participating in the self-regulation campaign “About Ads” via the link  https://www.aboutads.info/choices (this setting is deleted when you delete your cookies); d) by permanently deactivating it in your Firefox, Internet Explorer or Google Chrome browsers via the link https://www.google.com/settings/ads/plugin, or e) by adjusting your cookies settings accordingly. 
Please note that in this case you may not be able to use all the functions of this website to their full extent. For further information about data protection from Google, visit: https://www.google.com/intl/de/policies/privacy And https://services.google.com/sitestats/de.html. Alternatively, you can visit the website of the Network Advertising Initiative (NAI) at https://www.networkadvertising.org.

7. Social media

We may operate sites and other forms of online presence (fan pages, channels, profiles, etc.) on social networks and other platforms operated by third parties, and collect data about you there. We receive this data from you and the platforms when you come into contact with us through our online presence (e.g. when you communicate with us, comment on our content or visit our social media). At the same time, the platforms evaluate your use of our online presence and link this data with other data about you known to the platforms (e.g. your behaviour and preferences). They also process this data for their own purposes under their own responsibility, in particular for marketing and market research purposes (e.g. to personalise advertising) and to control their platforms (e.g. which content they show you). Content that you publish yourself (e.g. comments on an announcement) may be distributed by us (e.g. in our advertising on the platform or elsewhere). We or the operators of the platforms may also delete or restrict content from/to you in accordance with acceptable use (e.g. inappropriate comments). For further information on processing by platform operators, please refer to the data privacy statements of the specific platforms. These will also indicate the countries in which they process your data, which rights (e.g. access and erasure) you have as a data subject, and how you can exercise these rights or obtain further information. 
We currently use the following platforms:

8. Data disclosure

Within the scope of our business activities and purposes, we also disclose data [A1.1]to third parties to the extent permitted and deemed appropriate, either because they process it for us or because they wish to use it for their own purposes. This involves the following parties in particular:

  • Data processors, domestic and foreign authorities, official agencies or courts
  • The media and the public, including visitors to websites and social media
  • Other parties in potential or actual legal proceedings
  • All common recipients

9. Duration of the retention of personal data

We process and store your personal data as long as it is necessary for the fulfilment of our contractual and legal obligations or other purposes related to processing, i.e. for example for the duration of the entire business relationship (from the initiation and handling to the termination of a contract), as well as beyond this in accordance with statutory retention and documentation obligations. In this context, personal data may be retained for the duration of the period in which claims can be made against our company, and insofar as we are otherwise legally obliged to do so or legitimate business interests require it (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the purposes mentioned above, it will be deleted or anonymised as far as possible. For operational data (e.g. system logs), shorter retention periods of twelve months or less generally apply.

10. Data security

We take appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse, for example through directives, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymisation and monitoring.

11. Obligation to provide data

Within the scope of our business relationship, you are required to provide the personal data that is necessary for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations (you do not have a general legal obligation to provide us with data). Without this data, as a rule we will not be able to enter into or process a contract with you (or the party or entity you represent). In addition to this, the website cannot be used if certain details necessary for data traffic (such as IP address) are not disclosed.

12. Data subject rights

Within the framework of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR), you have the right of access, the right of rectification and erasure, the right to restrict data processing and otherwise to object to our data processing, as well as the right to the disclosure of certain personal data for the purpose of transfer to another party (“data portability”). Please note, however, that we reserve the right to apply the restrictions provided for by law on our part, such as when we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we are permitted to) or require it for the assertion of claims. We will inform you in advance if any costs are incurred on your part. We already informed you in Section 3 about the possibility of revoking your consent. Please note that the exercise of these rights may conflict with certain contractual arrangements and may result in the early termination of the contract or the generation of costs, for example. In this event we will inform you in advance if this has not already been contractually agreed.

The exercise of such rights generally requires that you provide clear proof of your identity (e.g. with a copy of your identity card where your identity is otherwise not clear or cannot be verified). You can contact us at the address given in Section 1 in order to exercise your rights.
Furthermore, all data subjects have the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch).

13. Amendments

We reserve the right to amend this privacy policy at any time without notice. The latest version published on our website shall apply. Where the privacy policy forms part of an agreement with you, we will notify you of any update by email or other appropriate means.

Cookies

Cookies are small pieces of text information that are stored in your browser and are still available on subsequent visits. This allows us, for example, to keep the basket over several clicks and give them your language, currency, delivery country and shipping method settings correctly again the next time you visit. The cookie itself does not contain any personal data. In most browsers you will find settings to view cookies and delete them if necessary.

  • PEPPERSESS: Session cookie, which identifies your current session in this shop. This cookie will be deleted if you close your browser (all open browser windows).
    Retention time: Session
  • PPS_LOCALE_INFOS: Permanent cookie, which contains your chosen language, country, currency, the last session-id, the domain binding of the cookie and the version of the cookie structure. With this cookie we can immediately set your preferences for a better experience when you choose to visit us again.
    Retention time: 2 years
  • jsCookieCheck: Stores the consent of the cookie data storage (Consent Management).
    Retention time: 1 year
  • google-analytics-opt-out: Used to tell Google Tag Manager whether Google Analytics may be used.
    Retention time: 1 year
  • Google reCAPTCHA: This website uses Google reCAPTCHA, a form protection against robots of the company Google Inc. ("Google"). Google reCAPTCHA uses "cookies", which are text files placed on your computer, to help the website analyze whether a person or machine is sending form data. The information generated by the cookie about your use of the website will generally be analazyed, transmitted to and stored by Google on servers in the United States.
    This is a provider from the USA.
  • accessibility_layer_hidden: If the accessibility menu has been hidden, this is stored in this cookie.
    Retention time: Session

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Google opt-out browser plugin: https://tools.google.com/dlpage/gaoptout?hl=en. Further information: https://policies.google.com/privacy