22. February 2019
1.1 Use of Cookidoo® is only possible after prior registration. Vorwerk reserves the right to also make certain content available to non-registered users, such as recipe previews; the availability of such content is however subject to Vorwerk’s sole discretion.
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 unauthorized use of its account or any other security breaches.
1.6 If 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 or the App;
hack or modify Cookidoo® or the App;
modify the Recipes;
1.8 Vorwerk reserves the right to discontinue providing the infrastructure behind Cookidoo® and the App, 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.
2.1 The User can obtain the App from a store for mobile apps (“App Store”), which is provided by a third party. If the App is not offered for free, the purchase price for the App will be displayed to the User in advance. If the User decides to purchase the App, the User has to confirm the purchase by using a corresponding function in the App Store.
2.2 Some functions of the App do require an active internet connection of the mobile device, i.e. individual functions cannot be used without an active internet connection. Additional costs may arise in connection with the use of such individual functions of the App over the internet, depending on your mobile contract.
2.3 The use of the App requires a compatible smartphone or any other compatible device.
3.4 Any unauthorized use, including the reproduction of Recipes or the App or the transfer of Recipes or the App to third parties, is not allowed.
4.1 On Cookidoo®, the User will be able to subscribe to Recipes.
4.2 The main characteristics of the subscription are listed on the description page of the product.
4.3 The User will select the desired subscription at the beginning of the order process.
4.4 By clicking on the button “Buy Now”, the User makes a legally binding offer with regard to the Cookidoo® Subscription. If the offer is accepted by Vorwerk, its subsequent explicit acceptance will be via email. The agreement shall have no effect until Vorwerk accepts the offer.
5.1 The User will pay the agreed price to Vorwerk.
5.2 The final price, which is composed of the price indicated on the website/App, includes value-added tax and any other price component.
5.3 The payment is due and payable with the conclusion of the agreement.
5.4 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) of by additional payment methods if listed on Cookidoo®.
For digital products (e.g. digital Recipes), the delivery occurs upon payment by the User.
7.1 The User may subscribe to Recipes (“Cookidoo® Subscription”). The User may use the subscribed to Recipes during the term of the Cookidoo® Subscription. After the termination of the Cookidoo® Subscription, those Recipes will no longer be available to the User.
7.2 The Cookidoo® Subscription has, at the choice of the User, a minimum term of either one year or 30 days, beginning with its activation, and will automatically renew at the end of this minimum term for further terms of the same duration as the minimum term each. Either party may terminate the Cookidoo® Subscription with effect to the end of each term without notice period.
8.1 Vorwerk’s offers are not binding.
8.2 By clicking on the button “Buy Now”, the User makes a legally binding offer with regard to the Cookidoo® Subscription. If the offer is accepted by Vorwerk, its subsequent explicit acceptance will be via email. The agreement shall have no effect until Vorwerk accepts the offer.
8.3 The exclusive language available for the conclusion of the agreement is English.
8.5 The User is entitled to mandatory legal rights.
The following instructions on withdrawal apply for 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 & Co. KmG, Verenastrasse 39, 8832 Wollerau, Switzerland, firstname.lastname@example.org , +44 (0)330 660 0839) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax 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, 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. However. If you requested to begin performance of the services during the withdrawal period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. We will carry out any 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)
Vorwerk International & Co. KmG, Verenastrasse 39, 8832 Wollerau, Switzerland
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract 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),
(*) Delete as appropriate
10.3 Vorwerk makes no statement or promise that the Recipes, or any other data, materials or content made available on Cookidoo® or the App are accurate, complete or up-to-date. However, Vorwerk will nonetheless always use reasonable skill and care when Vorwerk makes Recipes, or any other data, materials or content available on Cookidoo® or the App, or allows third parties to do so.
10.4 Although Vorwerk takes reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in Cookidoo® and the App, Vorwerk cannot guarantee that there will not be any.
12.2 You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of any other European Union country, you may also bring proceedings in that country.
Date: August 2019
1.1 The following provisions determine how Vorwerk International & Co. KmG, Verenastrasse 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 the Thermomix®.
1.3 Vorwerk International is the provider of the Platform, whereas the Local Vorwerk Entity distributes the Thermomix®.
2.1 The following provisions of this section 2 do only apply to the use of Platform. They do not apply with regard to the 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 http://www.apple.com/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 http://www.google.com/intl/de/policies/privacy/.
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:
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 interests (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:
2.4.4 Such data is processed on the legal basis of legitimate interests (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 Platform, you have to create a user account. For this purpose, the following data will be requested (* = required data):
2.5.2 The foregoing data is required in order to provide the following functions:
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).
2.6 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 a serial number of you 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. In addition, you must fill out mandatory fields such as language and country of residence.
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).
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:
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®. Such data is processed on the legal basis of legitimate interests (Art. 6 (1) f GDPR).
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 both tracking 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:
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:
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 sending an email to email@example.com or by changing your privacy settings in your account on the Platform.
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:
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:
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 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.
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
5.1 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, 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).
6.1 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 Elavon Merchant Services, Lyoner Str. 36, 60528 Frankfurt/Main, Germany.
6.2 In order to file a proper invoice, the following data will be requested (* = required data):
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).
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:
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).
8.1 When providing services to you, we may share personal data with persons acting on our behalf or otherwise involved in the transaction, including:
8.2 The recipients of personal listed above 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 or a E.U.-US or Swiss-U.S. Privacy Shield certification.
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:
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 e.g. by sending an email to firstname.lastname@example.org or by changing your privacy settings on the Platform in the Thermomix® user account.
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 a Thermomix® that serves our legitimate interest to protect our business and other users of Cookidoo or Thermomix®.
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 email@example.com. 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:
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
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.
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.
11.1 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.
You may contact the data protection officer of Vorwerk International at
Vorwerk International & Co. KmGVerenastrasse 39CH-8832 WollerauSchweiz