1. Introduction
Welcome to GoNiña! One-third of global food production is wasted. That equates to 1.3 billion tons per year and accounts for 10% of global greenhouse gas emissions. We have made it our mission to change this. We offer a platform where suppliers can sell their surplus food to consumers at a reduced price. This privacy policy explains how we handle your personal data and how we use cookies, in accordance with the Swiss Federal Act on Data Protection (FADP) and the EU's General Data Protection Regulation (GDPR).
2. About this privacy policy
In this Privacy Policy (where applicable; available on our platforms or via the links in Section 3), we explain how we collect and process your data, depending on your relationship with us.
It should be considered in the context of all other agreements and terms and conditions existing between us.
Each point set forth in this policy shall be understood in accordance with the relevant laws of the respective country or jurisdiction to which your data is subject.
The main party responsible for your data is GoNiña AG, VAT number CHE-499.164.486, with its registered office at Zweierstrasse 35, 8004 Zurich, Switzerland.
If you have any problems accessing this privacy policy, please email us at privacy@gonina.com.
3. Definitions
To simplify this privacy policy, we would first like to explain a few key terms:
4. Data we collect from users
4.1 Data required for using the app
When you use the app, we collect personal data about you as a user. Without this data, we would not be able to provide all the services you require. This data includes:
With regard to location queries, we process this personal data on the basis of your consent, which you give in the settings of your mobile phone or tablet (consent can be revoked at any time).
We may also process this personal data based on our legitimate interests in order to:
and as explained in more detail in Section 6 of this Privacy Policy. Where required by applicable law, we will ask for your consent before using your personal data for marketing purposes, including sending you direct marketing communications.
4.2 Data you provide to us
You are free to provide us with additional personal data about yourself. This data may include:
Our legal basis for this processing is our legitimate interest or, where required by applicable law, your consent. If we rely on your consent for our processing, we will explicitly ask for it.
If we do not ask for your consent, we process this personal data because it is necessary for the purposes of our legitimate interests in order to:
as explained in more detail in Section 6 of this Privacy Policy.
We will never ask or require you to provide us with personal data. However, if you voluntarily provide health data or other special categories of personal data to our customer service team, such as information about allergies, we will process this data on the basis of our legitimate interests and to establish, exercise, or defend legal claims, if necessary.
4.3 Data collected automatically when using the platform
When you use the platform, we will automatically collect some personal data. This may include:
We process this personal data on the basis of our legitimate interests in order to:
as explained in more detail in Section 6 of this Privacy Policy.
4.4 Data we collect from third parties
We collect personal data from other sources, such as:
We process this personal data on the basis of your consent, which you give when you instruct the third-party provider to transfer your profile information to us.
4.5 Data collected from recipients of our email communications
GoNiña commissions external service providers to send our email communications. These service providers may collect the following data about the recipients of our emails:
We receive reports containing the above data from our external service providers. We use this data to analyze which links in our email communications recipients click on, and we use this data to design our future email communications.
We process this personal data on the basis of our legitimate interest in being able to customize future email messages based on the data collected.
5. DATA WE COLLECT FROM OUR PARTNERS, SELLERS, AND OTHER BUSINESS CONTACTS
5.1 Data required for use of the platform
When you register and create a vendor account to make surprise bags available for reservation on the platform or to use our digital solution for managing expiration dates in your store, we collect some personal data about you as the store's contact person or store owner.
This data includes:
If you are an individual business owner, we process this personal data because it is necessary for the performance of the contract for the use of the platform by the business.
If you are an employee of the store, our legal basis for processing this personal data is our legitimate interest in being able to provide the platform.
We may also process the above personal data because it is necessary for the purposes of our legitimate interests in order to:
as explained in more detail in Section 6 of this Privacy Policy. Our legal basis for this processing is our legitimate interest or, where required by applicable law, your consent. If we rely on your consent for our processing, we will explicitly ask for it.
5.2 Data collected automatically when using the platform
When you use the platform, we will automatically collect some personal data from your use of the system.
This may include the following:
We process this personal data on the basis of our legitimate interests in order to:
as explained in more detail in Section 6 of this Privacy Policy.
5.3 Data collected by our providers and other business partners
As part of our daily business operations and communication and interaction with our suppliers and other business partners, we collect some personal data about you as a supplier or other business partner or as an employee of one of our suppliers or partners:
If you are a retailer, we process this personal data because it is necessary for the performance of the contract we have concluded with you.
If you are an employee of one of our suppliers or business partners, the legal basis for processing personal data is our legitimate interest in fulfilling a contract with your employer.
We may also process the above personal data based on our legitimate interests in order to:
as explained in more detail in Section 6 of the Privacy Policy.
5.4 Data that you have provided to us
You are free to provide us with additional personal data about yourself. This data may include:
The legal basis for processing this personal data is our legitimate interest or, where required by applicable law, your consent. If we rely on your consent for our processing, we will explicitly ask for it.
If we do not ask for your consent, we process this personal data because it is necessary for the purposes of our legitimate interests in order to:
as explained in more detail in Section 6 of the Privacy Policy.
We will never ask or require you to provide us with special categories of personal data. However, if you voluntarily provide us with health data or other special categories of personal data, we will process this data on the basis of our legitimate interests and so that we are able to establish, exercise, or defend legal claims. In specific cases where required by applicable law, we may base the processing of personal data on your consent.
5.5 Data we collect from third parties
We collect personal data from other sources, such as:
We process this personal data on the basis of your consent, which you give when you instruct the third-party provider to send us the above-mentioned data.
We may also collect personal data in the form of your name, contact details, and other relevant business information, such as your job title and the company you work for, from publicly available sources such as the internet:
if we need to contact you for a specific purpose in the course of our daily business operations, or if this is permitted under applicable law for marketing purposes and if your consent is not required under applicable law. Our legal basis for this processing is our legitimate interest in being able to contact you in the course of our daily business operations and to promote our services.
5.6 Data collected from recipients of our email messages
GoNiña engages external service providers to send our email communications. These service providers may collect the following personal data about the recipients of our emails:
We receive reports containing the above data from our external service providers. We use this data to analyze which links in our email communications readers click on, and we use this data to design our future email communications.
We process this data on the basis of our legitimate interest in being able to design future email messages based on the data collected.
You can unsubscribe from receiving our marketing emails at any time by clicking on the unsubscribe link in our marketing emails or by sending us an email to unsubscribe at privacy@gonina.com.
6. HOW WE USE THE DATA WE COLLECT
6.1 Provision, improvement, and further development of the platform
We will use some of the personal data we collect about you to provide you with the best possible platform.
For users of our app, this includes:
For users of our platform's provider website, this includes:
The processing of personal data is carried out in good faith and is proportionate.
6.2 Communication with you
We will use some of the personal data we collect about you to communicate with you. This includes:
To the extent permitted by local law, we may send you marketing communications without relying on your consent as a legal basis, or we may rely on your soft opt-in to receive such marketing communications.
6.3 Provision, adaptation, evaluation, and improvement of our advertising and marketing
For users:
We will use some of the personal data collected about you to support our ongoing efforts to raise awareness of food waste as an issue. This may include:
For partners or employees of partners:
We will use some of the personal data collected about you to support our ongoing efforts to raise awareness of food waste as an issue. This may include:
6.3.1 Targeted advertising
We or third-party providers may use your personal data to send you targeted advertising when you use our platform or visit other websites. Cookies, clickstream data, and other similar technologies may be used for this purpose. For example, if you search for information related to our services, we or our third-party providers may cause an advertisement with information about our app and services to appear on other websites you visit. This form of advertising, sometimes referred to as "targeted advertising," "behavioral advertising," or "cross-context behavioral advertising," allows us and our providers to know your interests in connection with the placement of a particular ad. We believe this type of advertising is helpful because it allows you to see ads that are relevant to your interests.
6.4 Automated decision-making
GoNiña uses automated decision-making processes when processing your personal data for some services and products. One example is our efforts to prevent and detect fraud on our platform, which serve to protect our company from fraudulent use of our services and to ensure the confidentiality, integrity, availability, and resilience of our platform.
You may request that GoNiña provide information about the nature of the automated decision-making process and that we verify that the automated decision-making process has been carried out correctly.
We may refuse the request to the extent permitted by applicable law, e.g., if providing the information would lead to the disclosure of a trade secret or hinder the prevention or detection of fraud or other crimes. However, in such circumstances, we will generally verify that the algorithm and source data are functioning as expected without errors or bias.
6.5 Cookies and similar technologies
Our website uses cookies and similar technologies to improve the user experience and provide certain services and features. A cookie is a small text file that is stored on your computer, tablet, or smartphone when you visit a website. You can change your cookie settings in your browser to block or delete cookies. For more information about the cookies and similar technologies we use, please see the table below:
7. REASONS WHY WE TRANSFER DATA
7.1 Disclosure with your consent or at your instruction
If you give your consent, we will transfer your personal data as described at the time of consent, e.g. if you allow a third-party application or website to connect to your GoNiña account or participate in promotions with GoNiña partners or third parties.
If you have opted in to marketing cookies on our platform, we may transfer your personal data to third-party advertising platforms in order to increase awareness of our platform and our mission, to promote data traffic on the platform, or to otherwise advertise our platform, as described in more detail in Sections 6.3 and 6.5 of this Privacy Policy.
7.2 The GoNiña Group of Companies
In order to support us in providing, promoting, and improving the platform, we may transfer personal data within our group of companies, which consists of a parent company and its subsidiaries, worldwide. When we transfer personal data within the GoNiña Group, we have taken appropriate contractual, technical, and organizational security measures to protect your personal data in accordance with applicable law.
7.3 Processors
We may transfer personal data to service providers who help us run our business and provide the platform. These service providers may assist us in fulfilling the purposes set out in this privacy policy, including (but not limited to):
When we engage a service provider to process personal data on our behalf, we ensure that they are contractually obligated to protect your personal data by entering into a data protection agreement.
Some of our service providers are based in countries that do not provide an adequate level of protection for personal data under EU/EEA, Swiss, and UK law. If this is the case, we ensure that your personal data is adequately protected by ensuring that appropriate safeguards are in place in accordance with the law applicable to the transfer of personal data and as explained in more detail in Section 8 of this Privacy Policy.
We use Google's "ReCAPTCHA" tool on our website to verify that you are not automated software. For this purpose, this tool analyzes various parameters such as IP address, device information, and cursor movement patterns, which may result in the processing of your personal data. The ReCAPTCHA functions are subject to Google's privacy policy and terms of use in their current version.
7.4 Location queries by third parties
We work with third parties who collect location information to provide our platform and assist us in our daily business operations, as described below. These third parties may process personal data for their own purposes as data controllers.
If you are a user of our website, we may transmit your approximate geographic location (at city level) (subject to your consent as described in section 4.1) to our third-party provider of geographic location services, Google.
When you make a purchase in the app that can be delivered, we share the delivery address you provide with our third-party geolocation provider, Google, to verify the delivery address. Our legal basis for transferring this data is our legitimate interest in being able to verify that the delivery address you provide is a real address so that our courier service can deliver your order.
If you are a user of the platform's provider website, we share the address of your business with our third-party geolocation provider, Google, based on our legitimate interest in seeing where your business is located, because it is necessary for the purposes of the legitimate interests we pursue in order to:
The features and content of Google Maps are subject to the current versions of the following terms: (1) Additional Terms of Service for Google Maps/Google Earth at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/. We recommend that you familiarize yourself with these terms before using our services.
7.5 Franchisor (only relevant for franchisees)
If you are a franchisee belonging to a franchise chain, depending on the agreement we have with your franchise chain, we may transfer the following personal data to your franchisor:
If you are an employee of a franchisee, we may share your name and email address relevant to the platform with the franchisor.
Our legal basis for sharing this personal data is our legitimate interest and that of the franchisor in managing your franchise agreement with us and your business's presence on the platform.
7.6 Public authorities
We may only transfer your personal data to courts, law enforcement agencies, government or public authorities, including the police in connection with criminal investigations, if and to the extent that we are legally obliged or entitled to do so.
7.7 PR and media agencies
We may transfer your personal data to third parties such as PR, media, or other advertising agencies if you have consented to participate in our promotional activities or have entered into a contract with us to participate in such promotional activities. Depending on the circumstances, these PR and media agencies may process personal data either as independent controllers or as processors on our behalf and under our instructions. If the PR or media agency processes personal data as a processor, our relationship is governed by a data processing agreement in accordance with applicable law.
7.8 Transfer of business
In the event that we are involved in bankruptcy, insolvency, a merger, acquisition, or reorganization, your personal data may be transferred to advisors, counterparties, authorities, and other relevant third parties as part of this transaction (e.g., for due diligence purposes). This privacy policy will continue to apply to your personal data even if it has been transferred to a new GoNiña entity.
7.9 Disclosure to other third parties
In order to offer you our services, we may need to engage third-party providers such as carriers or logistics partners to assist us in fulfilling our contractual obligations and to protect our legitimate interest in sending advertising. These service providers have access to personal data solely for the purpose of providing services on our behalf. We ensure that all third-party providers we engage are bound by appropriate data protection and confidentiality obligations.
8. INTERNATIONAL DATA TRANSFER
Any transfer of your personal data by GoNiña from the EU/EEA, Switzerland, or the United Kingdom to third countries outside these territories is based on an adequacy decision by the EU Commission or is governed by applicable standard contractual clauses and/or binding corporate rules or equivalent appropriate transfer mechanisms, unless you are informed otherwise. All other international transfers of your personal data originating outside the EEA, Switzerland, or the United Kingdom will be made in accordance with the relevant international data transfer mechanisms and security measures applicable under local law for the transfer of your personal data.
You may request a copy of the transmission mechanism for the transmission of your personal data by sending a request to privacy@gonina.com.
9. STORAGE PERIOD
We retain personal data for as long as necessary or permissible for the purpose for which it was collected and in accordance with applicable law. The criteria for determining our retention periods include:
10. SAFETY
The security of your personal data and our platform is our top priority.
We have implemented appropriate technical and organizational (including physical) security measures to protect your personal data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to the personal data we transmit, store, or otherwise process.
Furthermore, we only work with suppliers who implement appropriate technical and organizational security measures in accordance with industry best practices for good IT security.
In the event of a data breach, the individuals affected and the Federal Data Protection and Information Commissioner (FDPIC) will be notified within 72 hours.
11. YOUR RIGHTS
If you are located in the EU/EEA, Switzerland, or the United Kingdom, you have the following rights in relation to our processing of your personal data, subject to the conditions and exceptions set out in applicable law:
Please note that certain personal data may be exempt from the above rights in accordance with applicable data protection laws or other laws and regulations.
11.1 Easy access to exercise your rights directly in our app
Our app gives you full control over your personal data. We have integrated "privacy by design" and "privacy-friendly defaults" into our platforms and offer user-friendly features that allow you to exercise your rights directly in the app, e.g., to delete your personal data, as well as an option to obtain a copy of the personal data we process about you. If you want to exercise your rights directly in the app, please consult your account settings in the app.
You can also:
by sending us your email address via privacy@gonina.com.
11.2 Inquiries and complaints
If the information provided in our app is insufficient or you wish to exercise rights other than those available directly in the app or as described above, please feel free to contact us at: privacy@gonina.com.
We will endeavor to respond to your request without undue delay and in any case within one month of receipt. If your request is complex, we may need more time to process it and may extend this period by two additional months.
You always have the right to lodge a complaint with a competent data protection authority, even if you are not satisfied with our response. However, we recommend that you always contact us first so that we have the opportunity to help you with your concern.
The contact information for the Federal Data Protection and Information Commissioner (FDPIC), the supervisory authority in Switzerland, where GoNiña has its headquarters, is as follows:
Website: www.edoeb.admin.ch
Address: Feldeggweg 1, 3003 Bern, Switzerland
12. DATA PROTECTION FOR CHILDREN
Our platform is intended for users who are 18 years of age or older, and we do not knowingly collect personal data from individuals under the age of 16. If we learn that personal information (or other information protected under applicable law) has been collected from a child under the age of 16, we will make every reasonable effort to delete that information from our databases. If you believe we have personal information from or about a child under the age of 16, please contact us using the information in Section 14.
13. CHANGES TO THE PRIVACY POLICY
You can find out about any changes to this privacy policy on our website and in our app. If we make significant changes to the privacy policy, we will inform you on the platform or via the email address you provided when registering on our platform.
14. CONTACT INFORMATION
If you have any questions about the processing of your personal data, please contact our data protection team using the contact details provided below.
GoNiña AG, Zweierstrasse 35, 8004 Zurich, Switzerland
Company identification number (UID): CHE-499.164.486
Email: privacy@gonina.com
Zurich, September 2023, GoNiña AG