Data Protection Statement of Blue Horizon Corporation AG

Version effective as of January 1st, 2019

With this Data Protection Statement we, the Blue Horizon Corporation AG (hereinafter Blue Horizon, we or us, describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements are applicable to specific circumstances. The term “personal data” in this Data Protection Statement shall mean any information that identifies, or could reasonably be used to identify any person.

This Data Protection Statement is in line with the EU General Data Protection Regulation GDPR. Although the GDPR is a regulation of the European Union EU, it may be relevant for us. The Swiss data protection legislation FADPis heavily influenced by the law of the European Union. In addition, companies outside of the European Union or the European Economic Area EEA must comply with the GDPR in certain cases.

 

1. Controller / Data Protection Officer / Representative

Unless otherwise stated in individual cases, Blue Horizon is responsible for the forms of data processing described here. If you have any queries about data protection law, you can contact us as follows:

Blue Horizon Corporation AG
Treuhand- und Revisionsgesellschaft Mattig-Suter und Partner, Zug AG
Industriestrasse 22
6302 Zug
Switzerland
dataprivacy@bluehorizon.com

 

2. Collection and Processing of Personal Data

We primarily process personal data that we obtain from our clients, portfolio companies and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications.

Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., publicly available registers, commercial registers, press, internet) or we may receive such information from affiliated companies, from authorities or other third parties (such as e.g., portfolio companies, media-outlets, non-profit organisations (NGOs), donation partners). Apart from data you provided to us directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with our business partners and other parties for the purpose of ordering or delivering services to you or by you, information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).

 

3. Purpose of Data Processing and Legal Grounds

We would like to thank all partners for providing content for our website:

We primarily use collected data in order to conclude and process contracts with our clients and business partners, to provide a range of services in particular, but not limited to, in connection with information about developments in the plant-based food and alternative protein sector, investments in this area, the procurement of products and services from our suppliers and portfolio companies, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.

In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’ and/or portfolio companies’) legitimate interest, such as:

– providing and developing our products, services and websites, apps and other platforms, on which we are active;
– communication with third parties and processing of their requests (e.g., job applications, media inquiries);
– review and optimization of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal  data from publicly accessible sources for customer acquisition;
– advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
– market and opinion research, media surveillance;
– asserting legal claims and defense in legal disputes and official proceedings;
– prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
– ensuring our operation, including our IT, our websites, apps and other appliances;
– acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations.

If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

 

4. Cookies / Tracking and Other Techniques Regarding the Use of our Website

We typically use “cookies” and similar techniques on our websites and apps, which allow for an identification of your browser or device. A cookie is a small text file that is sent to your computer and automatically saved by the web browser on your computer or mobile device, when you visit our website or install our app. If you revisit our website or use our app, we may recognize you, even if we do not know your identity. Besides cookies that are only used during a session and deleted after your visit of the website (“session cookies”), we may use cookies in order to save user configurations and other information for a certain time period (e.g., two years) (“permanent cookies”). Notwithstanding the foregoing, you may configure your browser settings in a way that it rejects cookies, only saves tem for one session or deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies in order to understand how you use our services and content. Certain cookies are sent to you from us, others from business partners with which we collaborate. If you block cookies, it is possible that certain functions (such as, e.g., language settings, shopping basket, ordering processes) are no longer available to you. In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing emails. If such image files are retrieved from our servers, we can determine whether and when you have opened the email, so that we can measure and better understand how you use our offers and customize them. You may disable this in your email program, which will usually be a default setting.

By using our websites, apps and consenting to the receipt of newsletters and other marketing emails you agree to our use of such techniques. If you object, you must configure your browser or e-mail program accordingly or uninstall the app, should the respective setting not be available.

Our website may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) and Mautic, a marketing automation tool. Google Analytics and Mautic are using “cookies”, which are text files placed on your computer, to help us to analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google and blue horizon on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. blue horizon and on behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in. You can refuse the use of Google Analytics. An opt-out cookie will be set on the computer, which prevents the future collection of your data. An overview can be found here. Further information concerning the terms and conditions of use and data privacy can be found here. Please note that on this website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking).

Social Plugins

blue horizon websites are using social plugins (“plugins”) at times, which are operated by social network providers (e.g. Facebook, Twitter, LinkedIn, etc.). These plugins can be used by the social network providers to collect data, among other things. Blue Horizon has no influence whatsoever on this collection of data or on the further processing and use of the data by the social network providers and declines all responsibility.

 

5. Datatransfer and Transfer of Data Abroad

In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:

– other Blue Horizon Group companies;
– our service providers (within the Blue Horizon Group or externally, such as e.g. banks, insurances), including processors (such as e.g. IT providers);
dealers, suppliers, subcontractors and other business partners;
– clients;
– domestic and foreign authorities or courts;
– the media;
– the public, including users of our websites and social media;
– competitors, industry organizations, associations, organizations and other bodies;
– other parties in possible or pending legal proceedings;
– our portfolio companies;
– affiliates of the Blue Horizon Group;

together Recipients.

Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country in which Blue Horizon is represented by affiliates, branches or other offices www.contentfactory.com, www.farmtransformers.com, www.wearegoodnews.com, etc.) as well as to other countries in Europe and the USA where our service providers are located (such as e.g., Microsoft, Mautic, Amazon, Salesforce.com). If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required by way of using appropriate contracts (in particular on the basis of the standard contract clauses of the European Commission, which can be accessed here) or binding corporate rules or we rely on the statutory exceptions of consent, performance of contracts, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the persons concerned. You can obtain a copy of the mentioned contractual guarantees at any time from the contact person named under Section 1 above insofar they are not available under the aforementioned link. However, we reserve the right to redact copies for data protection reasons or reasons of secrecy or to produces excerpts only.

 

6. Retention Periods for your Personal Data

We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).

 

7. Data Security

We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as internal policies, IT and network security solutions, access controls and restrictions, and encryption of data carriers and transmissions.

 

8. Obligation to Provide Personal Data To Us

In the context of our business relationship you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).

 

9. Profiling

We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly relevant for you more accurately. For this purpose, we may use evaluation tools that enable us to communicate with you and advertise you as required, including market and opinion research. In establishing and carrying out a business relationship, we generally do not use any fully automated individual decision-making (such as pursuant to article 22 GDPR). Should we use such procedures in certain cases, we will inform you separately on this and advise you of your relevant rights if required by law.

 

10. Your Rights

In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.

In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 1 above.

In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissionerhttp://www.edoeb.admin.ch.

 

11. Amendments of this Data Protection Statement

We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.