FELFEL AG, Räffelstrasse 24, 8045 Zurich (“FELFEL”) supplies FELFEL refrigerators and other devices ("FELFEL-Devices") located in the offices of their business clients and sells its products ("FELFEL-Products") to the latter’s employees (“Customers”).
The present GTC regulate the sale of FELFEL-Products to the Customers as well as the handling of personal data. These GTC shall apply to all purchase contracts entered into between FELFEL and the Customers in the sense of section 3.
Prior to the first purchase of a FELFEL Product by the Customer, FELFEL sets up a personal account for the Customer by registering the Customer on the FELFEL website with the Customer’s first and last name as well as the business email address. The respective data is made available to FELFEL for this purpose by the employer of the Customer with the latter’s consent. In case a Customer’s personal account is not set up by FELFEL through registration, such Customer shall, prior to the first purchase of a FELFEL Product, register itself providing the same data; if no business email address is available, the private email address shall be provided. The Customer undertakes to provide true and correct information.
In addition, the Customer shall enter a method of payment in its personal account on the FELFEL website for payment purposes. The method of payment can also be provided at a later stage. However, FELFEL reserves the right to demand payment of outstanding amounts at any time and to initiate debt collection proceedings if necessary.
Customers may add credit to their personal account up to a maximum credit of CHF 500. The credit relates to the personal account of the Customer and can be used for the purchase of FELFEL-Products only. No interest is paid on the credit. For the duration of the contractual relationship between FELFEL and the employer of the Customer, the credit balance cannot be paid out in full or in parts. After termination of the contractual relationship between FELFEL and the employer of the Customer, remaining credit, if any, can be paid out exclusively to the same person and to the same method of payment with which credit to the account was added. Customers may through use of the gift feature transfer up to CHF 500 per calendar year from their FELFEL account to another FELFEL customer’s FELFEL account to the extent the target Customer thereby does not exceed the credit limit of CHF 500. Successfully transferred credit can no longer be paid out to the transferring Customer.
The presentation of the FELFEL-Products in the FELFEL-Devices constitutes an offer according to law. The Customer checks in to the FELFEL-Device using its personal badge. After choosing a FELFEL-Product, the Customer must scan it and confirm the selection. This confirmation on the FELFEL-Device constitutes the acceptance of the offer according to law, whereby the purchase contract is concluded.
After confirmation of the purchase of a FELFEL-Product, the purchase price is automatically charged to the method of payment on file or deducted from the credit balance via the Customer’s personal account.
Any warranty obligation of FELFEL in the sense of art. 197 et seq. Swiss Code of Obligations is excluded to the extent permitted by law. Any further liability of FELFEL is restricted to gross negligence and wilful misconduct.
4.1 Legal Bases for Data Processing
By accepting these GTC the Customer consents to the processing and use of personal data as described herein. In some instances, FELFEL may also base its data processing on overriding private interests (in particular when FELFEL processes personal data of Customers in connection with the performance of a contract with them).
4.2 Purposes of Data Processing
FELFEL processes personal data for evaluation, statistics and marketing purposes with the aim of providing optimal quantities and types of FELFEL-Products and bringing new products to the Customers’ attention. This way, FELFEL wishes to ensure high quality and a maximum possible range of services. Moreover, avoiding food waste, which is a primary concern for FELFEL, can be facilitated by means of exact data analysis. FELFEL also aims at improving customer loyalty. For this purpose, analyses based on existing Customer profiles are performed, which allows for monitoring of consumer behavior as well as the creation of consumption profiles. To provide a high quality and reliable service, it is important for FELFEL to be in a position to verify the inventory of FELFEL-Devices without actually being physically on premises on a daily basis.
4.3 Processed Data
With the registration of a Customer and the purchase of FELFEL-Products, a Customer profile is created. A Customer profile consists of the data entered during registration as well as the purchasing data (for example place and time, FELFEL-Product-specific data and services as well as the use of discounts). Additionally, data provided voluntarily by the Customer is included in the Customer profile.
4.4 Video Recordings
To ensure the correct inventory of FELFEL-Devices, a video camera may be installed in a FELFEL-Device or be installed in the future. Every FELFEL-Device in which a video camera is installed will be labelled accordingly with a respective sign. Video cameras will be installed in the FELFEL-Devices in such a manner that they only record the interior of the FELFEL-Device in which the FELFEL-Products are placed. No sound and no other areas (particularly no area outside the FELFEL-Device) will be recorded. Thus, of Customers taking out FELFEL-Products from the FELFEL-Device, only the hand (including parts of the arm) reaching for the FELFEL-Products will be recorded. However, FELFEL automatically logs, which Customer unlocked the door with the personalized badge.
The respective data processing is based on the consent of the Customers or FELFEL's overriding private interest in the protection of FELFEL-Products. The video recordings will only be used for such purposes and not evaluated for any other purposes, in particular marketing purposes. The video recordings will only be reviewed in case of relevant events (e.g. if the inventory of the respective FELFEL-Device is incorrect).
FELFEL is authorized to send personalized promotional offers for FELFEL-Products directly to the Customer by email. The Customer has the right to revoke the consent to receive promotional offers at any time.
4.6 Data Disclosure
FELFEL supports its suppliers in improving their FELFEL-Products and marketing through data analysis. FELFEL generally does not disclose any individual Customer data to third parties, not even in anonymized form. Customer data will only be disclosed in case of relevant events or based on legal requirements to authorities or if necessary for the protection and safeguarding of legitimate interests of FELFEL in a specific case.
4.7 Data Security
FELFEL will keep the data of their Customers safe and will take all proportionate precautionary measures to protect the data from foreseeable risks such as loss, misuse or modification. Video recordings will be stored on a secured server accessible only to specific authorized persons, who are responsible for the security and investigation of theft.
4.8 Customers' Rights
All Customers are granted all rights in accordance with the Swiss Federal Data Protection Act. For security reasons, any data protection related requests (such as information requests) can only be submitted by email and for the respective data of the sender of the email.
4.9 Deletion of Data
If a Customer requests its personal data to be deleted, the respective personal account will be deactivated by FELFEL and the respective data will be anonymized, subject to any applicable data retention obligations.
Further, FELFEL automatically deletes or anonymizes personal data, which are no longer required for the purposes described herein. Video recordings will generally be retained for 10 days. Such retention period may be longer in case of relevant events (e.g. if FELFEL notices an increased removal of FELFEL-Products without payment) or in the absence of responsible persons.
4.10 Controller and Contact
FELFEL is the controller responsible for data processing or controller of data files in accordance with the Swiss Federal Data Protection Act.
Inquiries with respect to data protection and related requests may be directed to the following address: firstname.lastname@example.org
5.1 Amendments to the GTC
Amendments to the present GTC shall be published at https://felfel.ch/terms-conditions/. This is to ensure that, among others, the information regarding the data stored, collected and used by FELFEL is available at any time. By accessing the FELFEL website or app or using FELFEL's services following publication of any amended GTC, the Customers consent to such current version of the GTC.
5.2 Applicable Law and Jurisdiction
These GTC are subject to Swiss law. Should a provision of the present GTC conflict with mandatory law, such provision shall be replaced by the respective mandatory legal provision. The validity of the other provisions of these GTC remains unaffected. The courts of Zurich, Switzerland, shall have jurisdiction.
Valid starting from 21st of February 2022.