Terms of service
- Mar 05, 2024
- Preamble
- 1 General Provisions
- 1.1 Use of Cookidoo®
- 1.2 Use of the App
- 1.3 Usage Rights
- 2 Customer Recipes
- 2.1 Use of Customer Recipes
- 2.2 Responsibility for Customer Recipes
- 2.3 Grant of Rights to Customer Recipes
- 2.4 The User’s Warranty and Liability with Regard to Customer Recipes
- 3 Subscriptions and Costs
- 3.1 Cookidoo® Subscriptions
- 3.2 Costs, Prepaid Vouchers
- 3.3 Provision of the Services
- 3.4 Term and Termination
- 4 Restrictions and Moderation of Content
- 4.1 Prohibited Content
- 4.2 Moderation tools and procedures
- 5 Legally Mandatory Information
- 5.1 Further Information
- 5.2 Right of Withdrawal
- 6 Limitation of Liability, Final Provisions
- 6.1 Limitation of Liability
- 6.2 Modification of These Terms of Use
- 6.3 Miscellaneous
Preamble
These Terms of Use determine the use of the “Thermomix® Recipe Platform” (in the following “Cookidoo®”), which is provided by Vorwerk International & Co. KmG, Verenastrasse 39, 8832 Wollerau, Switzerland (in the following “Vorwerk”) available at www.cookidoo.co.uk where users may subscribe to digital recipes (in the following “Recipes”), which run or are displayed on specific Thermomix® cooking appliances (“Thermomix® Cooking Appliances”) or mobile devices and further cooking-related and Thermomix®-related content and services (Recipes and such content in the following “Content”, respective services in the following “Services”). Cookidoo® may be accessed via the website or on Thermomix® Cooking Appliances or, if offered in the User’s country of residence, the mobile Vorwerk app “Cookidoo” (in the following the “App”). These Terms of Use govern any agreement between Vorwerk and the user (in the following the “User”, both hereinafter referred to as “Parties”) regarding Cookidoo® and the App.
These Terms of Use apply to any access and use of Cookidoo®, including mere access to the website, paid subscriptions (in the following “Paid Subscriptions”) and subscriptions that are free of charge for the User, like e.g. trial periods or free periods of use which can be made available to the User via vouchers (in the following “Free Subscriptions”, Paid Subscriptions and Free Subscriptions in the following “Cookidoo® Subscriptions”). Vorwerk may offer different types of Cookidoo® Subscriptions (“Subscription Plans”). The Subscription Plans may include different services and Cookidoo® features. The Subscription Plans are described on Cookidoo®. Vorwerk reserves the right to offer individual Subscription Plans.
1 General Provisions
1.1 Use of Cookidoo®
1.1.1 Use of Cookidoo® is only possible after prior registration. Vorwerk reserves the right to make certain content also available to non-registered users, such as recipe previews; however, the availability of such content is subject to Vorwerk’s sole discretion.
1.1.2 Upon registration, the User must provide correct and complete information. In the event of the user data being or becoming incorrect or incomplete, the User must update these data.
1.1.3 The User undertakes to keep secret the access data used to access Cookidoo® (“Access Data”). Furthermore, the User is in general responsible for any and all activities that occur under the own Cookidoo® account as a consequence of a violation of the foregoing.
1.1.4 Other members of the User’s household may use the Thermomix® even if those members access the Cookidoo® account through the Thermomix®. The obligations of Section 1.1.3 and of other Sections of these Terms of Use also apply to the Users when other members of the household use the Users’ access to Cookidoo®.
1.1.5 The User shall not create multiple Cookidoo® accounts.
1.1.6 The User shall notify Vorwerk as soon as possible of any unauthorized use of the Cookidoo® account or any other security breaches, which the User becomes aware of.
1.1.7 In accordance with these Terms of Use, the User may subscribe to the Content and Services for a limited period of time in form of a Cookidoo® Subscription. The respective price for Paid Subscriptions will be displayed to the User in advance.
1.1.8 If Recipes were created for specific Thermomix® Cooking appliances, such Recipes may only be used with these specific appliances and not with other Thermomix® Cooking Appliances.
1.1.9 The User shall not:
(i) work around any technical limitations of Cookidoo®, the Content or the App;
(ii) hack or modify Cookidoo® or the App;
(iii) modify the Content, in particular the Recipes, unless explicitly allowed by Vorwerk;
(iv) use Cookidoo® or the App 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® and the App.
1.1.10 Vorwerk reserves the right to discontinue providing the infrastructure behind Cookidoo® and the App; however, not before the termination of a current Cookidoo® Subscription. Vorwerk will notify the User about such discontinuation via email to the address provided by the User.
1.2 Use of the App
1.2.1 The provisions in these Terms of Use referring to the App, including this Section 1.2, do only apply if the App is available in the User’s country of residence.
1.2.2 The User can obtain the App from a store for mobile apps (“App Store”), which is provided by a third party. In case that the App is not offered for free, the purchase price for the App will be displayed to the User in advance. In case that the User decides to purchase the App, the User has to confirm the purchase by using a corresponding function in the App Store.
1.2.3 Any agreement with regard to the distribution of the App (e.g. in form of a purchase or for free), is a separate agreement that is not governed by these Terms of Use.
1.2.4 Some features of the App do require an active internet connection of the mobile device, and cannot be used without it. Using these features may lead to additional costs due to the use of the internet connection, depending on the User’s mobile contract.
1.2.5 The use of the App requires a compatible smartphone or any other compatible mobile device.
1.3 Usage Rights
1.3.1 The Content, in particular the Recipes, but also further content such as pictures and videos as well as the App are protected by copyright.
1.3.2 Vorwerk hereby grants the User a non-exclusive, non-transferrable and non-sub-licensable right to use the Content and the App for the purposes permitted under these Terms of Use during the Cookidoo® Subscription (“Usage Right”). The User may only download and use the Content and the App on devices designated for such download. This Usage Right does not entitle the User to request the provision of specific Recipes and other specific Content.
1.3.3 Vorwerk reserves the right to discontinue the provision of minor parts of the Content, especially of specific Recipes. However, no such discontinuation will affect an essential contractual duty of Vorwerk as defined in 6.1.3. There will always be plenty of recipes on Cookidoo®.
1.3.4 The User is only allowed to reproduce Content and the App to the extent that this is necessary for the contractual use.
1.3.5 The Content and the App may be used by the User for own non-commercial purposes and only as permitted under these Terms of Use. Any commercial use of Content and App is subject to Vorwerk’s prior written consent. Neither the Content nor the App may be sold, rented or leased to third parties or otherwise be copied or reproduced, unless Vorwerk has given its explicit written consent.
1.3.6 Any unauthorized use is not allowed. Such unauthorized use includes, without limitation, downloading Content by other technical means than those provided on Cookidoo® for that very purpose, the reproduction of Content or the App beyond permitted scope of Section 1.3.4 and 1.3.4, and any transfer of Content or the App to third parties.
2 Customer Recipes
2.0.1 For the use of the Customer Recipes’ service (as defined in Sec. 2.1.1 below and referred to on the Platform with “Created recipes”), the provisions of this Section 2 apply in addition to the other Sections of these Terms of Use to the extent that the respective feature is a part of the User’s Subscription Plan.
2.1 Use of Customer Recipes
2.1.1 In addition to the Recipes (provided by Vorwerk), in the Customer Recipes area of Cookidoo®, the User may create own recipes, which can consist of recipe texts, supplementary texts, photos and other content (in the following “Self-Created Recipes”). The User may also add recipes to the Cookidoo® account by importing recipe texts and photos from third-party websites (in the following “Imported Recipes”) or from Cookidoo® (“Customizable Vorwerk Recipes”) using the import function. Self-Created Recipes, Customizable Vorwerk Recipes and Imported Recipes are referred to jointly as “Customer Recipes” in the following.
2.1.2 If subject to the User’s Subscription Plan, Vorwerk technically enables the User to share own Customer Recipes with personal contacts as designated in the User’s Subscription Plan and to receive Customer Recipes shared by personal contacts respectively (in the following: “Customer Recipe Sharing” respectively “Shared Customer Recipes”).
2.1.3 Furthermore, if subject to the respective User’s Subscription Plan, Users may make Customer Recipes publicly available (“Publish”) to all other users on Cookidoo® (in the following “Customer Recipe Publishing” and “Published Customer Recipes”). Customer Recipe Publishing may be subject to further conditions.
2.2 Responsibility for Customer Recipes
2.2.1 The User who creates, imports or modifies Customer Recipes is fully responsible for them, especially concerning their content and sufficient usage rights. The User is also fully responsible for Customer Recipes with regard to safety and the intended use of Thermomix® cooking appliances when using Customer Recipes. In this context, the User is responsible in particular for compliance with Vorwerk’s general use and safety instructions published by Vorwerk for the User’s respective Thermomix® Cooking Appliance. Notwithstanding the foregoing, Vorwerk may request Users to explicitly confirm their ownership of usage rights and compliance with said instructions on the Platform.
2.2.2 Customer Recipes are not provided by Vorwerk but by other users or third parties. Thus, a reasonable degree of caution is necessary when using these Customer Recipes. Vorwerk may not be held liable for the content and the permissibility of these Customer Recipes.
2.2.3 Vorwerk’s obligations and responsibilities regarding the Customer Recipes shall be limited to operating the platform and to acting as a mere hosting provider, enabling Users to use and exchange Customer Recipes. However, and notwithstanding Sections 2.2.1, 2.4 and 4.1 below, Vorwerk reserves the right to take action according to Section 4.2.
2.3 Grant of Rights to Customer Recipes
2.3.1 In creating and importing Customer Recipes, the User grants the respective necessary rights to these (in the following “Usage Rights”) to Vorwerk. Unless stipulated otherwise, the Usage Rights are limited to the respective Scope of Use designated by the User (cf. Section 2.3.2 below), are granted on a non-exclusive basis, are unlimited in terms of territory, may be transferred or sublicensed by Vorwerk to third parties to the extent necessary to operate Cookidoo® (especially to affiliated companies of Vorwerk), and are free of charge. They are unlimited in terms of time and are thus not terminated together with a termination of the Cookidoo® Subscription, unless stipulated to the contrary hereinafter.
2.3.2 Unless stipulated otherwise and within the limits of the respective Scope of Use as defined below, the Usage Rights include in particular the right to reproduce, to distribute, to make publicly available, to broadcast, to edit the Customer Recipe for technical or editorial reasons and to reproduce it by means of visual and audio media. Should new technical possibilities for the use of the Customer Recipes become known, the Usage Rights shall extend to those as well. If the Customer Recipe contains the name or other personal data of the User, the Usage Rights shall also cover these. The scope of Usage Rights relates to the scope of use of the User (in the following “Scope of Use”):
(i) When a User adds a Customer Recipe to the Cookidoo® account, the Usage Rights cover the User’s Cookidoo® account to which the Customer Recipe may be stored (reproduced), distributed, made available, broadcast etc. To this extent exclusively, the Usage Rights shall terminate when the Cookidoo® Subscription of the User terminates.
(ii) When a User shares a Customer Recipe (Customer Recipe Sharing), the Usage Rights cover also the Cookidoo® accounts of the respective users the Customer Recipe was shared with. Moreover, the User grants the respective other users Usage Rights to the Customer Recipe to the extent set out in Section 1.3 above. The term of these Usage Rights is independent from the Cookidoo® Subscription of the User; thus, Vorwerk may continue to provide access to Customer Recipes to the recipients of such Customer Recipes also after a termination of the User’s Cookidoo® Subscription.
(iii) Depending on technical and legal feasibility, when a User publishes a Customer Recipe to all other users on Cookidoo® (Customer Recipe Publishing), Section (ii) applies accordingly, however covering the Cookidoo® accounts of all other existing and future users. In addition, Vorwerk shall be entitled to use such a Customer Recipe for promotion of, and advertising for, Cookidoo® and grant respective licenses to third persons, e.g., advertising agencies, for these purposes.
2.4 The User’s Warranty and Liability with Regard to Customer Recipes
2.4.1 The User warrants to have the necessary rights to grant the Usage Rights according to Section 2.3 above and that such grant of rights does neither violate applicable law nor infringe the rights of third parties, especially copyright. Moreover, the User shall be liable for all violations of obligations and responsibilities as set out in Sections 2.2.1 above and 4.1 below.
2.4.2 Notwithstanding its rights under applicable statutory law, Vorwerk shall be entitled to take down and block any Customer Recipe that violates the User’s obligations under Sections 1.1, 2.2.1, and 2.3 above in accordance with Section 4.2.5; moreover, Vorwerk may, with immediate effect, disable the User’s Cookidoo® account in accordance with Sections 4.2.5 and 4.2.10 and may also terminate the User’s Cookidoo® Subscription in accordance with Section 3.4.9.
3 Subscriptions and Costs
3.1 Cookidoo® Subscriptions
3.1.1 The User will be able to subscribe to Content and Services provided on Cookidoo®.
3.1.2 The essential characteristics of the Subscription Plans and the Cookidoo® features offered in the User’s country of residence, including their price, are listed on the description page of the respective Subscription Plan.
3.1.3 The User will select the desired Subscription Plan at the beginning of the order process.
3.1.4 In case of a Paid Subscription, the User accepts, by clicking on the button “Buy Now”, Vorwerk’s legally binding offer with regard to the Cookidoo® Subscription. The agreement is concluded and comes into effect immediately after the click on the “Buy Now” button by the User. The User will receive a confirmation of the agreement via email.
3.2 Costs, Prepaid Vouchers
3.2.1 In case of a Paid Subscription, the User shall pay the agreed price to Vorwerk.
3.2.2 All prices shown include value-added tax and any other applicable price components, except for additional credit card charges that may apply, which are charged by third parties, such as payment providers, and which are not invoiced by Vorwerk. The User may consult the respective third party for further information on applicable credit card charges.
3.2.3 The payment for a Cookidoo® Subscription becomes due at the first day of each subscription period as specified in the Subscription Plan. In the event of subscriptions with an unlimited term, the payment is due and payable until the first day of the respective payment period as specified in the Subscription Plan. One-time payments are due with the conclusion of the agreement.
3.2.4 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) or by additional payment methods if listed on Cookidoo®.
3.2.5 Vorwerk reserves the right to offer a possibility to pay for subscriptions through prepaid vouchers. Prepaid vouchers are vouchers customers may buy e.g. from Vorwerk or from distributors. Customers may redeem vouchers on the local Cookidoo® website of the country in which they purchased the vouchers. If no local Cookidoo® website exists for that country, customers may redeem the prepaid vouchers on the international Cookidoo® website. The sale of such prepaid vouchers may be subject to terms and conditions of the respective seller.
3.3 Provision of the Services
3.3.1 In case of a Paid Subscription, the Cookidoo® Subscription will be activated after payment by the User. If payment process fails, Vorwerk may retry collecting payments using the agreed payment method. In case of overdue payments, Vorwerk will notify the User and may terminate the Paid Subscription.
3.3.2 In case of a Free Subscription, the Cookidoo® Subscription will be activated after the redemption of the voucher on Cookidoo®.
3.3.3 The redemption of vouchers for Free Subscriptions may be subject to additional conditions, which shall be communicated to the User at the latest upon provision of the voucher. In the event of a conflict between the additional conditions and these Terms of Use, the additional conditions shall prevail.
3.3.4 For certain Cookidoo® features, Vorwerk relies on specific partners and third-party providers (“Partners”). Thus, Vorwerk cannot provide these features without the respective Partner. This may lead to Vorwerk being unable to provide the respective features, if a Partner’s services are not available
(i) temporarily, especially due to downtime, technical issues or force majeure; or
(ii) permanently, especially due to a Partner discontinuing its services.
3.3.5 Against the background set out in Section 3.3.4, Vorwerk reserves the right to discontinue temporarily or permanently the affected features in case of Section 3.3.4 sentence 3.
3.4 Term and Termination
3.4.1 The User may use the subscribed Content during the term of the Cookidoo® Subscription unless the Cookidoo® account of the User has been disabled according to the Sections 4.2.5, 4.2.9, 4.2.10, 4.2.12 and 4.2.13 of these Terms of Use. After the termination of the Cookidoo® Subscription, the subscribed Content will no longer be available to the User.
3.4.2 In case of a Paid Subscription, the Cookidoo® Subscription has a minimum term of one year, beginning with its activation, unless agreed otherwise. Vorwerk reserves the right to offer additionally a minimum term of 30 days, or other minimum terms as agreed otherwise. In such case, the User is free to choose between the offered minimum terms.
3.4.3 Unless agreed otherwise, a Paid Subscription will automatically renew at the end of the respective minimum term for further terms of the same duration as the minimum term each, provided that neither Party terminates the Paid Subscription pursuant to Section 3.4.7. The User will receive a reminder email about the impending renewal one week prior to the renewal of a 30-days subscription (if any) or 30 days prior to the renewal of the annual subscription. In this reminder email, Vorwerk will inform the User once again, inter alia, about the consequence of not terminating the current Paid Subscription prior to its renewal.
3.4.4 The renewal of the Paid Subscription pursuant to Section 3.4.3 does not entail an additional right of withdrawal. The right of withdrawal referred to in Section 5.2 only applies to the initial conclusion of the contract.
3.4.5 A Free Subscription ends at the end of the specified period if no Paid Subscription has been agreed. Otherwise, a Free Subscription is followed by a Paid Subscription. However, in case of an existing Paid Subscription, a Free Subscription may extend the Term of a Paid Subscription, without any additional remuneration for this extension.
3.4.6 In case of discontinuation of the provision of Cookidoo® as referred to in Section 1.1.10 of these Terms of Use, no automatic renewal will take place. The User will receive then a notification email about the impending termination and discontinuation of Cookidoo®.
3.4.7 Either Party may terminate the Cookidoo® Subscription at any time with effect to the end of the respective term.
3.4.8 The User may terminate any Cookidoo® Subscription, including Paid Subscriptions, via Cookidoo® itself. A termination is also possible via the Cookidoo® customer service through the contact details on Cookidoo®.
3.4.9 Both Parties’ right of extraordinary termination for cause remains unaffected.
4 Restrictions and Moderation of Content
4.1 Prohibited Content
4.1.0.1 The following content is prohibited on Cookidoo® (“Prohibited Content”):
(i) Content that contains personal insults, discrimination, slander, vulgar, sexual and obscene language, pictures or similar expressions or graphics that may hurt other people;
(ii) content that is misleading, discriminatory or fraudulent (e. g. inaccurate content (where facts are stated));
(iii) spam, i.e., content which has been posted identically for multiple times;
(iv) viruses, malicious code, software, scripts, files and other mechanisms/techniques that are suitable for spying on, attacking, paralysing or otherwise impairing Cookidoo® or its Users, their devices/ used software or aiding and abetting such impairment;
(v) violations of the Thermomix® or Cookidoo® brands, trademarks, or any affiliated Vorwerk product, or the rights of or the contractual restraints towards any other third party. In particular, the User has to make sure that Customer Recipes do not violate the terms of use of any third-party website;
(vi) sales and demonstration offers or hidden advertisement for any service or product. In particular, it is not allowed to link to external internet pages for this purpose;
(vii) recipes containing ingredients or instructions which may cause harm or damage to the User, other users, to the Thermomix® Cooking Appliances or to third parties’ health or property;
(viii) unrelated content (e.g. recipes containing content other than for cooking recipes for food and beverages for human consumption (containing instructions and tips on ingredients and their preparation) plus a photo of the respective dish);
(ix) content containing instructions on circumventing, for example, security and safety measures as well as the proper sales channels, or on the prohibited sharing of accounts, references to pricing errors or the like or links to external recipes.
(x) content that promotes sexually explicit material, violence or any illegal activity;
(xi) content that violates applicable law, e.g., terrorist content, content in violation of consumer or youth protection law, copyright infringements, unlawful non-consensual sharing of private images;
(xii) content that violates these Terms of Use;
(xiii) links leading to content described in the foregoing.
4.2 Moderation tools and procedures
4.2.1 To enforce the rules under Section 4.1, Vorwerk may take moderation measures as described in the following.
4.2.2 Immediately after publication, content may be automatically rule-based checked by smart filters. Those smart filters aim to detect Prohibited Content. Where the filters detect Content that constitutes a very high threat or an obvious violation, the respective content may disappear. In case content uploaded by the same User is repeatedly deleted, the User may be automatically blocked after a prior warning. Besides the foregoing, the content may be manually reviewed by a Vorwerk moderator to ensure a user-friendly environment.
4.2.3 Content will also be manually reviewed by a Vorwerk moderator if the content was reported via the flag feature or other reporting tool(s) by a User (“Notifier”). After submitting the report, the Notifier will receive a confirmation of receipt of the report if the report contains electronic contact information, and the content will not be visible to the Notifier anymore but might still be displayed to other Users until it is removed due to content moderation. In case the Notifier has reported content that is considered illegal content, he/she will be notified of Vorwerk’s decision in respect of the information to which the report relates and Vorwerk will provide information on the possibilities for redress in respect of that decision.
4.2.4 Moderators may also manually look for Prohibited Content.
4.2.5 Vorwerk strives to create a user-friendly environment on Cookidoo®. Therefore, Vorwerk may take appropriate action against Prohibited Content. Those include:
(i) removing content;
(ii) temporarily blocking Users from one or more features or the Service (time-out);
(iii) permanently blocking Users from one or more features or the Service (ban).
4.2.6 Vorwerk decides whether a content belongs to those prohibited under Section 4.1 free from arbitrariness and objectively on the basis of the information then available to Vorwerk.
4.2.7 The action Vorwerk takes against Prohibited Content depends primarily on the nature (e.g. criminal offense), severity (e.g. threats of death or violence), frequency (in relation to the total number of individual pieces of information and in relation to a given time frame), its consequences (e.g. if another User was harmed or disturbed, how many other Users and if marginalized groups were affected) as well as the intention of the acting User, if possible to identify. Vorwerk will act in an objective, non-discriminatory and proportionate manner, with due regard to the rights and legitimate interests of all parties involved.
4.2.8 However, if Vorwerk identifies Prohibited Content, it will be deleted in any case, as this is the only way Vorwerk can ensure that other Users cannot perceive Prohibited Content.
4.2.9 In the event of serious or multiple violations of applicable laws or these Terms of Use, Vorwerk may also impose a time-out (usually for several days) after a prior warning, the length of which depends on the severity and frequency of violations. Depending on the criteria just mentioned, the time-out may relate to only one or more features or to the Cookidoo® Service as a whole.
4.2.10 A permanent blocking (incl. the blocking of any subsequent registration or Cookidoo® account) is the exceptional case and only comes into consideration after a prior warning and in the case of particularly serious or frequent violations (e.g. if Users are using a spam bot submitting a multitude of Customer Recipes containing advertisement within a few seconds). Depending on the criteria just mentioned, such permanent blocking may relate to only one or more features or to the Cookidoo® Service as a whole.
4.2.11 When Vorwerk takes the foregoing measures, Vorwerk will always explain the decision to the User concerned (“Statement Of Reasons”), if Vorwerk knows the relevant electronic contact details. Vorwerk will explain which restriction Vorwerk imposes, the facts and circumstances relied on in taking the decision, where applicable information on the use made of automated means in taking the decision, a reference to the legal ground relied on or to the contractual ground relied on and Vorwerk will inform the User about the possibilities for redress available in respect of the decisions.
4.2.12 Vorwerk may also impose a time-out on a User, for a reasonable period of time and after having issued a prior warning, if a User frequently submits reports or complaints that are manifestly unfounded through the flag feature mentioned under Section 4.2.3. Vorwerk’s decision on the suspension depends on the nature (e.g. notices without relation to Prohibited Content or content moderation decisions), severity (e.g. harassment, defamation), frequency (in relation to the total number of reports and complaints and in relation to a given time frame), its consequences (e.g. disruption of services and Vorwerk employees, content moderation decisions at the expense of third parties) as well as the intention of the acting User, if possible to identify.
4.2.13 Please note that Vorwerk may also take measures against Users or content violating applicable law upon the receipt of an order to act against a User or one or more specific items of illegal Content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable law. In this case, Vorwerk will not send the User concerned a Statement Of Reasons written by us as explained in Section 4.2.11, but inform the User concerned of the order received and the effect given to it. The User affected will also receive a Statement Of Reasons written by the relevant national judicial or administrative authorities and will be informed about the possibilities for redress and a description of the territorial scope of the order.
4.2.14 Where Vorwerk becomes aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place, Vorwerk will promptly inform respective law enforcement or judicial authorities of Vorwerk’s suspicion and provide all relevant information available.
5 Legally Mandatory Information
5.1 Further Information
5.1.1 The following information and stipulations are mandatory under applicable laws in some countries.
5.1.2 Vorwerk’s offers are legally binding.
5.1.3 The exclusive language available for the conclusion of the agreement is English.
5.1.4 The essential contract data, such as term of the agreement and remuneration, will be stored by Vorwerk in electronic form and made accessible to the User through Cookidoo®. Additionally, an electronic copy of the particular agreement with the User will be sent to this User together with these Terms of Use via email.
5.1.5 The Recipes provided on Cookidoo® are for information purposes only and any food that may be prepared on the basis of these Recipes may vary depending on a number of variables (e.g. quality and composition of used products, weather, environment, expertise and techniques of the User, etc.). Vorwerk does not assure any end results.
5.1.6 The User is entitled to statutory warranty rights, which may apply.
5.2 Right of Withdrawal
5.2.0.1 The Following Instructions on Withdrawal Apply for the Paid Subscriptions:
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 will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Vorwerk International & Co. KmG, Verenastrasse 39, 8832 Wollerau, Switzerland; 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 email). You may use the model withdrawal form below in order to do so, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication 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.
Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
– To:
Vorwerk International & Co. KmG, Verenastrasse 39, 8832 Wollerau, Switzerland
Email: 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
6 Limitation of Liability, Final Provisions
6.1 Limitation of Liability
6.1.1 Vorwerk is responsible to you for foreseeable loss and damage caused by Vorwerk. If Vorwerk fails to comply with these Terms of Use, Vorwerk is responsible for loss or damage the User suffers that is a foreseeable result of Vorwerk breaking them or our failing to use reasonable care and skill, but Vorwerk is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Vorwerk and the User knew it might happen, for example, if the User discussed it with Vorwerk during the sales process.
6.1.2 Vorwerk does not exclude or limit in any way its liability to the Users where it would be unlawful to do so. This includes liability for death or personal injury caused by Vorwerk's negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the User's legal rights in relation to Cookidoo® and the App.
6.1.3 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.
6.1.4 Any contents that are published by Vorwerk on Cookidoo® are compiled with utmost diligence. Vorwerk does, however, not assume any warranty that such contents are technically correct, complete and up to date.
6.1.5 Although Vorwerk strives to ensure a seamless experience for Users on Cookidoo®, Vorwerk does not warrant or guarantee that Cookidoo® will be available without interruption at any times. Vorwerk may experience e.g. hardware, software, or other problems that may require Vorwerk to perform scheduled or unscheduled maintenance to Cookidoo® and the App, which may result in downtime, interruptions, failures, delays, discontinuances or errors (“Interruptions”). Vorwerk assumes no liability whatsoever for any loss, damage, or inconvenience caused by the User‘s inability to access or use Cookidoo® and the App or any feature thereof during any Interruptions.
6.2 Modification of These Terms of Use
6.2.1 Vorwerk reserves the right to amend these Terms of Use in case that this becomes necessary due to the further development of Cookidoo® or the App or because new functionalities will be implemented.
6.2.2 The foregoing right excludes provisions that determine the Parties’ primary contractual obligations. They will not be changed in the manner described in this Section.
6.2.3 Vorwerk will notify the User in text form (e.g. via email) of the modified terms before they will enter into force. Vorwerk will also explicitly inform the User of new provisions as well as of the planned date for the new terms to enter into force.
6.2.4 At the same time, Vorwerk will grant the User an adequate, at least six-week period to terminate the agreements that are based on these Terms of Use without notice period, in case that the User does not agree with the modified Terms of Use. In case of such extraordinary termination of the Cookidoo® Subscription, fees that 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 as of the planned date specified in the notification email pursuant to Section 6.2.3 above.
6.2.5 The termination shall be made in writing or in text form (e.g. via email to info@vorwerk.co.uk). Upon notification of the modified Terms of Use, Vorwerk will inform the User about the termination right, the applicable termination period and the significance of remaining silent.
6.3 Miscellaneous
6.3.1 The interpretation of these Terms of Use shall be governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
6.3.2 If any provision of these Terms of Use is held to be unenforceable for any reason, the Parties will work together in good faith to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision. The remaining provisions of these Terms of Use shall not be affected.
6.3.3 The Use of Cookidoo®, the Content and the Services are solely provided for personal and household use and not for commercial use.
6.3.4 Vorwerk is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Privacy Policy
Privacy Policy for the Thermomix® Recipe Platform (Cookidoo®), the Thermomix® App and the Thermomix®
Date: March 2022
Content
- General
- Platform
- Thermomix®
- Tracking of Usage Behaviour
- Customer Care
- Payment Data
- Email Marketing
- Recipients of Personal Data
- Your Rights
- Data Security
- Retention and Deletion of Data by Vorwerk International
- Status of the Privacy Policy
- Data Protection Officer
1 General
1.1 The following provisions determine how Vorwerk International & Co. KmG, Verena-strasse 39, CH-8832 Wollerau, Schweiz (“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 website “Thermomix® Recipe Platform” (“Cookidoo®”), the Thermomix® mobile app “TM App” (“App”, Cookidoo® and the App collectively the “Platform”) and the “Vorwerk Thermomix®”, a kitchen device with optional internet connection (“Thermomix®”). The sale of the Thermomix® is supported by a team of Thermomix® advisors (“Thermomix® Advisor”) who also organize cooking demonstrations and other events, providing professional presentations and first-hand experiences with regard to the use of Thermomix® and Platform
1.2 Vorwerk Group Companies in the instances described below in the Privacy Policy act as joint controllers (please see para. 4.4.3, 4.4.5, 4.5.3, 4.5.4, 7.3, 8.3), whenever you have been asked to provide additional consent for data processing (“Tracking on the Platform”; “Tracking on the Thermomix”; “Email marketing”; “Synchronisation and Update of Customer Data between Vorwerk Group Companies”) that covers transfer of data between Vorwerk International and Local Vorwerk Entity and the Thermomix® Advisor.
1.3 Vorwerk International is the provider of the Platform, whereas the Local Vorwerk Entity distributes the Thermomix®.
1.4 Detailed information about the handling of your data is provided below in this Privacy Policy. If you have any questions or comments, please contact the data protection officer via the contact information provided in section 13 below.
1.5 You can access this privacy information at any time within the App, retrieve it from Cookidoo® at Privacy Policy or, if the Thermomix® is connected with the Internet, access it in the Thermomix® in the menu Settings | Privacy | Privacy policy.
1.6 Vorwerk International is the data controller with regard 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 under section 8 “Recipients of personal data”.
2 Platform
2.1 The following provisions of this section 2 do only apply to the use of Platform and Thermomix®. Both components of the Platform, Cookidoo® and the App provide an identical functionality; thus, the App and Cookidoo are treated identically in this section 2.
2.2 If you download the App as Apple iOS version, the download will be processed via the App store “iTunes” operated by Apple, Inc., 1 Infinite Loop, Cupertino, California 95014, USA (“Apple, Inc”) for the purpose of operating the App, and the data will be transferred to Apple, Inc. For further information on the processing of your data by Apple, Inc., please go to https://www.apple.com/uk/legal/privacy/.
2.3 If you download the App as Android version, the download will be processed via the App store “Google Play” operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043, USA (“Google LLC”) for the purpose of operating the App, and the data will be transferred to Google LLC. For further information on the processing of your data by Google Inc., please go to https://policies.google.com/privacy?hl=en-GB/.
2.4 Use of the Platform Without Registered Account
2.4.1 When the Platform is accessed, for technical reasons, the following data will automatically be transmitted to Vorwerk International:
- IP address
- Date and time
- Accessing device and browser
- Operating system running on the accessing device
- A notification of whether access was successful
2.4.2 The foregoing data will be processed to technically enable you to use the Platform. Additionally, the data may be evaluated for statistical purposes and to improve the service offered in an anonymous form. Such data is processed on the legal basis of legitimate interest (Art. 6 (1) f GDPR).
2.4.3 On the Platform, you may browse through recipes without a registered account in a limited preview mode. In this case, the following functions are provided among others on the website:
- Browse the website
- Search for recipes
- Open recipe previews
- Learn about the products offered by Vorwerk
- Read editorial content such as articles
2.4.4 Such data is processed on the legal basis of legitimate interest (Art. 6 (1) f GDPR).
2.5 Use of the Platform With a Registered Account
2.5.1 Before being able to use the full scope of the Platform, you have to create a user account. For this purpose, the following data will be requested (* = required data for the registration, other fields are optional):
- Email address*
- Password*
- Country of residence*
- Name, surname
- Language
2.5.2 The foregoing data is required in order to provide the following functions:
- Create and administer the user account
- Create my own recipes (Created recipes)
- Create custom recipe lists in order to collect, organize and bookmark recipes
- Create shopping lists
- Save recipe collections created by Vorwerk International
- Plan recipes for a day to cook them (weekly planner)
- Purchase and administration of a Cookidoo® subscription, purchase of further products
2.5.3 The use of all such foregoing functions is optional. Such data is processed on the legal basis of the performance of a contract (Art. 6 (1) b GDPR).
2.5.4 Each account registration involves creation of customer profile. User may optionally provide additional information about food preferences in order to receive better search results when looking for recipes. In addition, the user may save a selection of other filters that will be also used during recipes search. The foregoing data is being collected through your profile:
- Profile picture
- Cooking style
- Search filter preferences
- Household size
2.5.5 The use of all such foregoing functions is optional. Such data is processed on the legal basis of the performance of a legitimate interest (Art. 6 (1) f GDPR).
2.6 Assignment of a Thermomix® with Your Cookidoo® Account
2.6.1 If you own a Thermomix® TM5 with a Cook-Key®, you may optionally assign your Thermomix® with your Cookidoo® account by entering the serial number of your Thermomix® device to your Account.
2.6.2 If you own a Thermomix® TM6, you may optionally assign your Thermomix® TM6 with your Cookidoo® account via built in Wi-Fi. In order to do that during the log in process on Thermomix® you enter credentials from your Cookidoo account.
2.6.3 In case of your Thermomix® being connected to the internet (see section 3.4 below), you may then transfer recipes available on your Cookidoo® account to your Thermomix®. Such data is processed on the legal basis of the performance of a contract (Art. 6 (1) b GDPR).
2.7 Cookies
We use cookies on the Platform in order to give you the best user experience when visiting it.. Cookies are sets of data which are stored by your web browser and which contain data. Please find all information on the use of cookies in our Cookie Policy, which can be accessed through a link that can be found in the footer of our webpages and in the App’s settings or the Cookie banner.
3 Thermomix®
3.1 The following provisions of this section 3 do only apply to the use of Thermomix®.
3.2 In addition to the sections below, further data will be processed in case of an assignment of a Thermomix® with your Cookidoo® account. Please see section 2.6 with this regard.
3.3 If you have given your consent for tracking of your usage behaviour, further data may be processed as outlined in section below.
3.4 Connection of a Thermomix® to the Internet
3.4.1 When connecting a Thermomix® to the Internet, the data described in section 2.4.1 is processed to technically enable you to connect the Thermomix® with the internet and with the Platform.
3.4.2 Additionally, the following data will be transferred to Vorwerk International:
- IP address
- MAC Address of Cook-Key®
- Serial Number of Cook-Key®
- Date and time
- Type of device ID used for logging
- Operating system running on the accessing device
- Selected country and language
- Notification of whether access was successful
- In case of failed connections, the reason for the failure in form of an error code
3.4.3 It will be used there only in order to improve the quality of the Wi-Fi and the internet connectivity of the Thermomix® together with basic services such as firmware or modes update. Such data is processed on the legal basis of legitimate interest (Art. 6 (1) f GDPR).
4 Tracking of Usage Behaviour
4.1 We would like to better understand how you and other users of the Thermomix® use the Platform and the Thermomix® in order to improve our services and products. Also, we would like to provide you with content and offers matching your possible interests. For this purpose, we ask you for your consent in order to track your usage behaviour on the Platform and on the Thermomix®.
4.2 We ask you separately for tracking both on the Platform and on the Thermomix® and you may give and withdraw your consent separately at any time. Refusal or revocation of such consent does not affect either the use of the Platform or of the Thermomix®.
4.3 The data outlined in the following sections 4.4 and 4.5 below is processed on the legal basis of consent (Art. 6 (1) a GDPR).
4.4 Tracking On the Platform
4.4.1 In case you have given your consent for tracking of your usage behaviour on the Platform, the following applies.
4.4.2 When visiting the Platform, your following data will be collected at Vorwerk International:
- Your User ID
- Saved Collections
- Set and removed Bookmarks
- Food preferences
- Which screens or pages have been visited
- Which functions have been used
- Which recipes have been viewed
- Timestamp of each user interaction
- List of
- Collections of recipes that have been purchased or subscribed to
- Recipes that you plan to cook per day in “My Week”
- Products needed for the recipes in “Shopping list”
4.4.3 The foregoing data will be transferred to the Local Vorwerk Entity and be used by the Vorwerk Group Companies for the following purposes:
- Enhance user experience when visiting the Platform
- Suggest and recommend more relevant content (such as recipes)
- Suggest similar recipe collections
- Filter search results
- Analytics of usage data
- Usage Data and Guided Cooking Data
- Insights about user behaviour and interaction with the Platform
- Improvement of services and products
4.4.4 Based on the foregoing information, content and recommendations will be displayed on the Platform 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).
4.4.5 In addition to the foregoing, the Vorwerk Group Companies may provide your Thermomix® Advisor with a summary of the foregoing data about your use of the Platform. 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 email will only take place to the extent you additionally consented to the reception of such marketing emails.
4.4.6 You can find the exact wording of your consent declaration under Account | Data usage
4.4.7 You can withdraw your consent at any time by changing your privacy settings in your account on the Platform. For that purpose, go to “Data Usage” listed in the “Account” and move the bar to withdraw permission.
4.5 Tracking On Your Thermomix®
4.5.1 In case you have given your consent for tracking of your usage behaviour on the Thermomix®, the following applies.
4.5.2 When connected to the Internet, the Thermomix® transfers the following data to Vorwerk International:
- IP address
- Thermomix® Serial Number
- User ID
- If applicable, Cook-Key® ID (MAC address)
- Latitude and longitude (approximation)
- Postal ZIP code (approximation)
- Functions or settings and its parameters used (e.g. cooking, stirring with revs/minute)
- Timestamp and duration of the functions used
- The data collected in the course of the connection of a Thermomix® to the internet as described in section 3.4.1
- Usage data per cooking session: User activities (e. g. which recipe has been cooked, which functions of the Thermomix® have been used)
4.5.3 The foregoing data will be transferred to the Local Vorwerk Entity and be used by the Vorwerk Group Companies for the following purposes:
- Enhance user experience when using Thermomix®
- Suggest and recommend more relevant content (such as recipes)
- Suggest similar recipe collections
- Filter search results
- Analytics of usage data
- Insights about user behaviour and interaction with the Platform and Thermomix®
- Improvement of services and products
- Recommendation of relevant, personalized content
4.5.4 In addition to the foregoing, the Vorwerk Group Companies may provide your Thermomix® Advisor with a summary of the foregoing data about your use of the Thermomix®. 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 email will only take place to the extent you additionally consented to the reception of such marketing emails.
4.5.5 The provisions of this section 4.5 do only apply to the use of the Thermomix® and data is being transmitted to Vorwerk only if the Thermomix® is connected with the Internet. They do not apply with regard to the use of the Platform.
4.5.6 In case of using TM5 you can find the exact wording of your consent declaration under Settings | Privacy | Diagnostics
I agree that my usage behaviour regarding the Thermomix® may be tracked by Vorwerk International & Co. KmG, Switzerland and transferred to Vorwerk UK Limited and to my Thermomix® Advisor (all hereinafter referred to as “Vorwerk”) and that Vorwerk 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 given my prior consent to the tracking and analysis on Cookidoo® according to section 4.4 of the Privacy Policy, Vorwerk may link the Thermomix® tracking data with my Cookidoo® tracking data for the aforementioned purposes.
Further details are set out in section 4.5 of the Privacy Policy. I can disable (and re-enable) this option at any time by changing my privacy settings under Account | Data usage.
4.5.7 In case of using TM6 you can find the exact wording of your consent declaration under Account | Data usage
4.5.8 When using the TM5 device you can withdraw your consent at any time with future effect by changing your privacy settings on the Thermomix® in the settings menu Settings | Privacy | Diagnostics and usage on the Thermomix®. In addition, to withdraw your consent effectively when using TM5 device, it is necessary that you successfully synchronize your Thermomix® with Cookidoo® after changing the settings.
4.5.9 When using the TM6 device you can withdraw your consent at any time with future effect by changing your privacy settings on the Thermomix® in the settings menu Settings | Privacy | Data usage and usage on the Thermomix® or you change your Data usage settings on your profile under Account | Data usage
5 Customer Care
5.1 When contacting customer care, we may collect certain data. Depending on the type of contact desired and type of requests received, such data can vary from being related to fixing a technical problem to data protection requests such as to access data or deletion of data. If necessary, we may also process data described in the sections 2.4.1, 2.5.1, 2.5.2, 3.4.2, 4.4.2, 4.5.2. in order to address your requests.
5.2 The foregoing data will be used in order to fulfil the specific customer care request.
5.3 The foregoing data is processed on the legal basis of the performance of a contract (Art. 6 (1) b GDPR).
6 Payment Data
6.1 When purchasing products or services on the Platform, 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 or PayPal). Your payment will be processed via the third-party payment provider Adyen, Simon Carmiggeltstraat 6-50, 011 DJ Amsterdam, The Netherlands.
6.2 In order to file a proper invoice, the following data will be requested (* = required data):
- Title
- Name, surname
- Postal address
- Country
- IP address
6.3 The foregoing data will be used in order to process the purchase. Such data is processed on the legal basis of the performance of a contract (Art. 6 (1) b GDPR).
6.4 Vorwerk International is required to adhere to tax legal obligation to verify customer's country of residence using the IP address to determine the geographical location where the customer's device is located. Such data is processed on the legal basis of compliance with a legal obligation to which the controller is subject (Art. 6 (1) c GDPR).
7 Email Marketing
7.1 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 the Vorwerk Group Companies, their products and current offers and surveys, provided that you have registered for it.
7.2 When agreeing to the reception of marketing emails, the following data will be processed:
- Name
- Email address
- Membership status
- Registered devices
- Country of residence
- Subscription type
7.3 The foregoing data is used by the Vorwerk Group Companies in order to provide marketing emails which suit your possible interests (e.g. information on these companies, their products and current offers and surveys).
7.4 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.
7.5 You can find the exact wording of your consent declaration under Account | Data usage
7.6 The data outlined in this section is processed on the legal basis of consent (Art. 6 (1) a GDPR).
8 Recipients of Personal Data
8.1 When providing services to you, we may share personal data with persons acting on our behalf or otherwise involved in the transaction, including:
- Service providers with whom personal data is being shared
- Other business partners who provide services to us, such as
- IT hosting providers
- Communication service providers
- Payment services providers
- Customer service providers
- Marketing service providers
8.2 The recipients of personal listed above in the policy may be located outside of the European Economic Area. Where necessary and unless the country to which data is being transferred has been determined by the European Commission as a country with adequate level of protection, we require such recipients to comply with data protection measures such as standard contractual clauses, the offer of appropriate guarantees according to the guidelines of the European Commission.
8.3 Synchronisation and Update of Customer Data between Vorwerk Group Companies
8.3.1 The Vorwerk Group Companies intend to keep customer contact data up to date. The Thermomix® and the Platform are provided by different Vorwerk Group Companies. In case you do provide updated contact data to one of the Vorwerk Group Companies, we would like to be able to update this information at the other Vorwerk Group Company as well. In order to do so, we ask you for your consent to synchronize such data.
8.3.2 In case you have given your consent for synchronisation of customer data between Vorwerk Group Companies, the following data will be exchanged between the Vorwerk Group Companies, to the extent such data exists:
- User account data as described in section 2.5.1
- Your Thermomix® or Cook-Key® serial number as described in section 2.6.1
8.3.3 The foregoing data will be exchanged between and processed by the Vorwerk Group Companies in order to keep their databases up to date. A further processing will only take place where legally permitted, e.g. processed for tracking of usage behaviour in case of additional consent subject to section 4 or marketing via emails in case of additional consent subject to section 7.
8.3.4 You can withdraw your consent at any time by changing your privacy settings on the Platform in the Thermomix® user account. For that purpose go to “Data Usage” listed in the “Account” and move the bar to withdraw permission.
8.3.5 You can find the exact wording of your consent under Account | Data usage
8.3.6 The data outlined in this section is processed on the legal basis of consent (Art. 6 (1) a GDPR).
8.4 Data sharing with law enforcement authorities
8.4.1 We might be obliged to transfer personal data to law enforcement authorities within the meaning of Art. 6 (1) c GDPR.
8.4.2 Vorwerk International reserves 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 the Platform or Thermomix® that serves our legitimate interest to protect our business and other users.
9 Your Rights
9.1 Right of Access (Art. 15 GDPR)
You have the right to request confirmation as to whether Vorwerk International processes your personal data and where that is the case, that Vorwerk International provides you with access to, and information on the data stored by Vorwerk International with regard to your person or your pseudonym.
9.2 Right to Rectification (Art. 16 GDPR)
You have a right in respect of the correction of data in case your personal data collected is inaccurate.
9.3 Right to Erasure (Art 17 GDPR)
9.3.1 You have the right to request erasure of personal data without undue delay under certain circumstances. Such circumstances may be e.g. if your personal data is no longer necessary for the purposes for which it was collected or if you withdraw consent on which our processing is based according to Art. 6 (1) a GDPR and where there is no other legal ground for processing.
9.3.2 You can completely delete your user account on the Platform. For this purpose, simply send an email with the subject “delete my profile” to dpo@vorwerk.ch. Please note that use of Cookidoo® and the App will no longer be possible once the user account has been deleted.
9.3.3 You can furthermore delete the following data:
- Data stored on the Thermomix® by using the factory reset function in the settings menu of the Thermomix®
- Network settings on your Thermomix® that is connected with the Internet by using the network reset function in the settings menu of the Thermomix®
- Recipes stored on the Thermomix® or on the Cook-Key® by using the reset function in the settings menu of the Thermomix®
9.4 Right to Restriction on Processing (Art. 18 GDPR)
You have the right to obtain a restriction of processing under certain circumstances. Such circumstance may be e.g. when you think that your personal data is not accurate or if we do not need the personal data for the original purpose of the processing but you need us to keep such data for the establishment, exercise or defence of legal claims.
9.5 Right to Data Portability (Art. 20 GDPR)
Under certain circumstances, you have the right to receive your personal data you have provided us with, in a structured, commonly used and machine-readable format and you have the right to transmit that information to another controller without hindrance or ask us to do so.
9.6 Right to Objection to Processing (Art. 21 GDPR)
You have the right to object to the processing of your personal data under certain circumstances, in particular if we process your personal data on the legal basis of legitimate interests (Art. 6 (1) f GDPR) or if we use your personal data for marketing purposes.
9.7 Right to Withdraw Consent
9.7.1 Where we process your personal data on the basis of consent you gave us within the meaning of Art. 6 (1) a GDPR, you have a right to withdraw that consent at any time. Please note that withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
9.7.2 For specific instructions on how to withdraw consent, please do also see
- section 4, in particular the sections 4.4.7 and 4.5.8 concerning the tracking of usage behaviour on the Platform and on your Thermomix®
- section 7.4 concerning how to unsubscribe from marketing emails
- section 8.3.4 concerning the synchronisation of customer data between Vorwerk Group Companies
9.8 How to Exercise Your Data Protection Rights
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 via the contact information provided below in section 13.
9.9 Right to lodge a complaint
9.9.1 You have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence.
9.9.2 If you are not satisfied with any aspect of data processing of your personal data by Vorwerk International, we would like to understand and discuss it with you and learn how can we improve the situation. Please feel free to contact us through the contact information provided below in section 13. Nonetheless, you may submit a complaint to the local data protection supervisory authority.
10 Data Security
At Vorwerk International 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.
11 Retention and Deletion of Data by Vorwerk International
11.1 We store your personal data and other information (e.g. accounting data related to your purchases) for as long as necessary to provide our services to you, to enable you to use our websites and our products, to comply with applicable laws (including those regarding document retention), to resolve disputes with any parties and otherwise as necessary to allow us to conduct our business. As a consequence, we delete personal data as soon as it is no longer necessary for the aforementioned purposes.
11.2 In case the processing is based on consent and you withdraw your consent, we will delete or anonymize your personal data without undue delay after the withdrawal, unless there is a legal basis to retain the data.
11.3 If we store personal data for the only purpose of compliance with laws on document retention, we will store this personal data in archive mode. This means that the access to this personal data is strictly limited to those persons who might need access in order to comply with the aforementioned laws.
11.4 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. If you have a question about a specific retention period for certain types of personal data we process, please contact us through the contact information provided below in section 13.
12 Status of the Privacy Policy
This Privacy Policy was updated in March 2022. We reserve the right to amend the notice from time to time in case there are any changes to data processing. In case the Privacy Policy has been updated, we will take steps to inform you of the update by appropriate means, such as through a notification shown when logging on to your account or other means in case they are more suitable (e.g. email).
13 Data Protection Officer
You may contact the data protection officer of Vorwerk International at
Vorwerk International & Co. KmG
Verenastrasse 39
CH-8832 Wollerau
Schweiz
dpo@vorwerk.ch
Vorwerk’s International EU representative
Vorwerk SE & Co. KG
Mühlenweg 17-37
42270 Wuppertal
Germany
See also: