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The website http://www.emmi-fondue.com/us/ (hereinafter the “Website”) is run by Emmi Roth USA, Inc., 5525 Nobel Drice, Suite 100, Fitchburg, WI 53711, USA (hereinafter “Emmi” or “we”).
These terms and conditions of use (hereinafter the “Conditions”) concern the use of the Website. In using the Website, you (hereinafter the “User” or “you”) hereby confirm that you have read and understood the present terms and conditions of use and that you agree to be bound by them unconditionally. Refrain from using this Website (or cease to use it) if you do not agree to be bound by the present terms and conditions of use.
This website and the information contained on it may be modified or updated without notice. Emmi reserves the right to review these Conditions or any other legal notice contained on the Website, including the information on data protection. Any modifications shall take effect as soon as they are published on the Website. You are therefore advised to visit the Website regularly in order to check the terms and conditions of use and other legal notices, as the aforementioned are binding on you.
Access to the Website
Access to our Website is granted on a temporary basis and we reserve the right to withdraw or modify that access without notice (see below, “Website availability”). We are not liable in the event that the Website is unavailable for any reason.
We reserve the right to block or restrict your access to the Website and/or the applications or other features of this Website and/or applications or other features or parts thereof at any time and without notice.
Emmi strives to ensure the Website is available 24 hours a day. Emmi may not be held liable for any lack of availability of the Website for any reason and for any duration. Access to the Website may be prevented temporarily and without notice by system failures, maintenance work, repairs or other events lying outside the control of Emmi.
Your access to the Website, your ability to load some or all parts of the Website and/or your registration (where applicable) may be withdrawn, blocked and/or terminated by Emmi at any time and without notice. Any restrictions on the liability of Emmi shall continue to apply following any such termination.
The User is required to provide correct information at the moment of registration (where applicable) and to inform Emmi without delay if that information changes. Any access information and codes/passwords customised for the User and notified to the User are intended for the User’s personal use only and must be kept confidential and protected against unauthorised access by third parties.
Use of the Website
The Website may be used for legally permitted purposes only. The Website may specifically not be used in the following scenarios:
You may link to our Website, provided that you do so in a reasonable and legal manner that does not jeopardise or exploit the reputation of the Emmi Group. You may not link to the Website in a manner that suggests you are in any way connected or associated with or approved or licenced by the Emmi Group. Emmi reserves the right to withdraw its consent at any time to any links being inserted.
Emmi may not be held liable for the contents of any websites operated by third parties and that can be reached via this Website. Emmi accepts no obligations, grants no warranties, guarantees or assurances and accepts no liability or responsibility (whether express or implied) with regard to any of the content of other websites. All links to this Website are provided for your benefit only and do not signify that Emmi approves of or recommends the contents of these websites.
The name of Emmi, the logo, company symbol and brand are wholly owned by Emmi and/or its associated companies or licensors. No authorisation is granted to use this intellectual property. The Website and its contents are protected by national and international copyright laws and other laws safeguarding intellectual property.
With regard to the Website and its contents (including any downloads provided for private use, etc.), Emmi and/or its associated companies, or the licensor, are the holders of the copyright and other rights to the intellectual property therein.
As set out below, individual parts of the Website may not be duplicated, modified, copied or used for other economic purposes without prior written permission from Emmi. You may download and display the contents of the Website on a computer screen or print it out for your own use (including these terms and conditions of use and the information on data protection), provided that you comply with all indications with regard to copyright and property. Any usage not in conformity with these terms and conditions of use may result in legal action being brought against you for breaching the intellectual property of the Emmi Group and/or of third parties.
Any comments, suggestions, ideas or other content that you send or otherwise make available to Emmi (hereinafter “Submissions”) shall be deemed to have been transmitted on a non-confidential basis. Emmi is not under any obligation to treat such Submissions confidentially and is entitled to use and utilise them at its own discretion without limit of time or location and free of charge.
Data Protection and Personal Data
The Website is made available without obligation, assurance, warranty or guarantee. Emmi, its associated companies and its agents, directors, employees, shareholders or representative of any of those companies hereby decline any liability or responsibility for loss or damage of any nature (including but not limited to failure to make a profit, target savings or fruitless expenditure) that may arise via or in connection with your access to or use of this Website or with any trust in this Website, to the full extent permitted by applicable law. This shall apply regardless of whether any such loss or damage occurs during the normal course of events or is reasonably foreseeable, or whether it occurs as a result of other errors or omissions on the Website (whether intentional or negligent in nature). This shall not include liability for death or personal injury attributable to the negligence or culpable conduct of Emmi, its associated companies or the agents, directors, employees, shareholders or representatives of any of those companies. There may also be no exclusion of or reduction in liability in the event of grossly negligent acts or acts committed with illegal intent by Emmi, its associated companies or the agents, directors, employees, shareholders or representatives thereof.
Although Emmi takes pains to ensure that there are no viruses or other destructive computer code on this Website, we may not be held obligated, liable or responsible (whether explicitly or implicitly) with regard to any viruses or other such computer code. You should take the appropriate protective measures yourself before using the Website or downloading content from it.
Nothing in this “Liability” section shall affect the liability of Emmi for goods, products and services purchased via associated websites. This liability is governed by the terms and conditions of sale applicable in each case.
In the event that Emmi should fail to enforce or implement any individual parts or rights flowing from these terms and conditions of use, this shall not be construed as a renunciation thereof, unless Emmi acknowledges and declares that renunciation in writing.
These terms and conditions of sale and the use of this Website are governed exclusively by Swiss law, to the exclusion of the provisions of international private law. The exclusive jurisdiction shall be the jurisdiction of the registered office of Emmi, and Emmi shall furthermore be entitled to bring proceedings before any other competent court for the purposes of safeguarding its copyright or any other claims vesting in it.
These provisions on applicable law and jurisdiction shall apply subject to the application of any mandatory measures to the contrary.
These terms and conditions of use shall apply from August 2018 onwards. They may be consulted on our Website http://www.emmi-fondue.com/us/ and may be printed out.
The company data protection coordinator of Emmi can be contacted at the attention of Data Protection Division or at firstname.lastname@example.org.
When you visit our website http://www.emmi-fondue.com/us/, the browser used on your device automatically sends information to our website server. This information is temporarily stored in a so-called log file. The following information will automatically be collected by us and automatically deleted after 6 months:
The above data will be processed by us for the following purposes:
The legal basis for this is our legitimate interest. Our legitimate interest in processing your personal data arises from the purposes listed above. In no event will we use this data to identify you personally.
For clarity, this website may include links to third-party websites, plug-ins and applications (for further details, please see below). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
If you have expressly given us consent, we will use your e-mail address to regularly send you our newsletters, or have them sent to you on our behalf. To receive newsletters, we only require your E-Mail address.
You can unsubscribe at any time via a link at the end of each newsletter. Alternatively you can also send an unsubscribe request to email@example.com by e-mail.
If you have any questions, we provide a contact form on the website. It is necessary to provide a valid e-mail address, first and last name, postal code and telephone number so that we know who the request came from, and to efficiently answer that request. You may provide further personal information voluntarily.
Data processing for the purpose of contacting us (and our response) is in accordance with your freely-given consent.
The personal data collected by us in the contact form will be automatically deleted after completion, no later than 6 months after the request you have made.
With our live chat, we offer you the opportunity to talk directly with us. For this, the submission of your email address is required, so that we can contact you afterwards.
The duration and time of the call are stored for statistical purposes. The chat history is stored anonymously for quality assurance. This data processing is again based on your consent.
From time to time we may hold competitions or similar promotions. For the purpose of conducting these we require the following personal information:
This information will be deleted after the prize draw or promotion. However if you have expressly and separately consented to the use of the aforementioned (and possibly further) personal data for marketing purposes (emails, newsletters, etc.) or other purposes, this data will be retained for such purposes in accordance with paragraph b) above. In the context of a competition or other promotion, we will only pass on your personal data to third parties for their own use if you have expressly consented to this or this is necessary for the performance of the competition.
We reserve the right to process your personal data for further purposes. However, we will inform you accordingly and, if necessary, seek your consent.
We use the cloud-based licensed software Hybris Marketing of SAP America Inc. (3999 West Chester Pike, Newtown Square, PA 19073 USA) on our site. The SAP Hybris Marketing Cloud System is located in St. Leon-Rot in Germany.
The use of the SAP Hybris Marketing Cloud System is based on our legitimate business interests in the above purposes.
In addition, we will only pass on your personal data within the Emmi Group and / or to third parties if:
The cookie is used to store information that is related to the specific device used. However, this does not mean that we are immediately aware of your identity.
In addition, to improve usability, we also use temporary cookies that are stored on your device for a specified period of time. If you visit our site again to take advantage of our services, it will automatically recognize that you have already been with us and what inputs and settings you have made, so you do not have to re-enter them.
Insofar as the aforementioned cookies are personal data, they are used on the basis of our legitimate interests.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer, or so that a prompt appears before a new cookie is created. However, disabling cookies completely may mean that you cannot use all features of our website.
We use the services of Brandwatch GmbH (Gutenbergstrasse 77A, 70197 Stuttgart). This is a social media monitoring tool that helps us to identify and monitor content on third-party sites (e.g., posts, tweets, blogs, news, forum posts, and social media platforms). This gives us a detailed insight into customer opinions and any topics on the Internet that mentions our company name(s) or talks about our brand(s). In doing so, so-called “crawlers” search available online sources to seek out the relevant hits. Brandwatch searches both publicly available data on the Internet and closed-loop third-party networks with which they have directly concluded contracts in order to access their data.
The data Brandwatch collects varies depending on the source of the data. The following personal data may be collected:
Our legitimate interests in the use of Brandwatch are for the purposes of market and opinion research and for marketing and PR purposes. Data processing is external and separate from our corporate web and social media sites, so we are not responsible for any data processing by Brandwatch.
If you object to the use of your information by Brandwatch, or require information about the data stored by them, or if you wish to exercise any other right that you are entitled to, please contact Brandwatch at firstname.lastname@example.org. For more information on privacy at Brandwatch, please click here.
We use the services of Falcon.io ApS (H.C. Andersens boulevard 27, 1st floor, 1553 Copenhagen V, Denmark). This is a social media management tool that allows us to consistently manage our social media profiles and activities. Each user interaction with us is automatically and individually tracked so we can respond to customer requests quickly and efficiently. In addition, we can see whether our companies or our products are mentioned on the social media platforms we use, and then directly contact those users or provide them with content. This gives us a detailed insight into customer opinions. Furthermore, the tool also allows us to create our own campaign pages and to show personalized and interest-based advertising, as well as to measure the results of these.
Our use of Falcon.io is further to our legitimate interests in the purposes mentioned above. Data processing is external and separate from our corporate website and social media site, so we are not responsible for any data processing by Falcon.io.
If you object to the use of your data by Falcon.io, or require information about the data stored by them, or wish to assert any other right to which you are entitled, please contact Falcon.io at the email@example.com e-mail address. More information about privacy at Falcon.io can be found here.
The tracking measures listed below and used by us are based on our legitimate interests. With the tracking measures used, we seek to ensure a tailored design, and the continuous optimization of our website. We also use the tracking tools to statistically record the use of our website and evaluate it for the purpose of optimizing the content we show you.
In order to statistically record the use of our website and to evaluate it for the purpose of optimizing our content, we also use Google Conversion Tracking. In doing so, Google Adwords will set a cookie (see section 4) on your device if you have reached our website via a Google ad.
These cookies lose their validity after 30 days and are not used for personal identification. If a user visits certain pages of the Adwords customer’s website and the cookie has not yet expired, Google and the customer can recognize that the user previously clicked on the ad and was redirected to that page.
Every Adwords customer receives a different cookie. Cookies can not be tracked via the websites of Adwords customers. The information gathered using the cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers are notified of the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive information that personally identifies users.
You have the right:
If your personal data is processed further to our legitimate interests, you have the right to file an objection against this processing, either on grounds arising from your particular situation, or if you simply object to direct marketing. In the latter case, you have an absolute right to object.
If you would like to exercise your right to object, please send an e-mail to firstname.lastname@example.org.
We use the widely used Transport Layer Security (TLS) technology on our website in conjunction with the highest level of encryption supported by your browser. In general, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we will use 128-bit v3 technology instead. Where an individual page of our website is transmitting in encrypted form, this is indicated by the closed padlock symbol in the status bar of your browser.
We also take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
This policy is currently valid and was last amended in August 2018.