PRIVACY AND COOKIE STATEMENT

A. INTRODUCTION

The Privacy Statement of Factor 75 B.V., Spaklerweg 50-52, 1114 AE Amsterdam-Duivendrecht, The Netherlands, (hereinafter referred to as “Factor 75”, “We”, “Us”, “Our”) under B.) explains what data We use, what We do with it and what your rights are. The Cookie Statement under C.) explains what cookies Factor 75 sets and what they entail.

This Privacy and Cookie Statement applies to all information of Our potential and current customers, former customers and visitors to Our website and mobile application (“app”) that We process, in order for Us to comply with relevant data protection legislation, including the General Data Protection Regulation (“GDPR”).

Any information relating to an identified or identifiable natural person is considered as personal data (Art. 4 para. 1 GDPR), such as, but not limited to your name, address, email, telephone number, and other information that relate to an identified or identifiable natural person. We process your personal data. Processing means, in accordance with Art. 4 para. 2 GDPR, any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction (Art. 4 para. 2 GDPR). If you have questions regarding Factor 75's processing of your personal data or usage of cookies or want to claim your rights under the GDPR, please do not hesitate to contact Our customer care service via or send an email to the data protection department via datensicherheit@factormeals.de. Fore more information, please also refer to Section B.10.) ("Your rights") below.

B. PRIVACY STATEMENT

Factor 75 can process your personal data as a data controller if you are interested in our offers, (want to) become one of our customers or place an order.

We can also process the personal data when you receive emails from Us, enter a raffle or participate in a survey. We may also process your personal data when you request Our customer service, request information about Our activities or contact Us in any other way. Factor 75 processes the personal data when you use Our website or app. Factor 75 processes personal data when there is a purpose and a legal basis for doing so. We process personal data, inter alia, to fulfill the subscription contract with you (Art. 6 para. 1 lit. b GDPR), to comply with a legal obligation (Art. 6 para. 1 lit. c GDPR), in Our legitimate interest doing so (Art. 6 para. 1 lit. f GDPR), or with your consent (Art. 6 para. 1 lit. a GDPR). You can read more about the specific legal basis below.

We process your personal data at the following times inter alia (details see below):

  1.) Creating a Factor 75 account;
  2.) Manage your subscription and processing your order and delivery;
  3.) Marketing activities;
  4.) Use of the Factor 75 website and app;
  5.) Contacting Factor 75;
  6.) Studies, reviews, surveys and raffles;
  7.) Administration of suppliers and business partners;
  8.) Profiling;
  9.) Transfer of personal data.

1. Creating a Factor 75 account

When you create a Factor 75 account, We ask you for your personal information to place orders and to provide additional services. We also store your personal information such as your account username and password to protect your account from access by third parties. To create an account, We ask you to provide Us with your email address and choose a password. The legal basis for the processing is Art. 6 para. 1 lit. b) GDPR, insofar as it is necessary for the performance of a contract with Us to create and otherwise administer user access.

When you create a Factor 75 account you accept that you may also would like to receive marketing content from Us and from Our partners. The legal basis for the processing is Art. 6 para. 1 lit. a) and Art. 6 para. 1 lit. f) GDPR. You can refuse to receive further messages or withdraw or change your consent at any time by contacting Us, e.g. via Our customer care service via or send an email to the data protection department via datensicherheit@factormeals.de

2. Manage your subscription and processing your order and delivery

Factor 75 processes personal data to manage your subscription, to execute your order in accordance with the subscription contract and to deliver the meal box to you. The legal basis for the processing is Art. 6 para. 1 lit. b) GDPR, insofar as it is necessary for the performance of the contract with Us.

a) Customer data

When you become a Factor 75 customer, We collect and process your name, address, email, phone number, and payment information as well as other information necessary to fulfill the contract. We also collect information about your orders and your meal preferences for the composition of your meal box.

b) Payment data

We process your payment data (your name and credit card, debit card or PayPal details) through the payment service provider. The payment service provider is also responsible for the proper processing of your personal data in this respect. We may send you an SMS or an electronic message by other means regarding the completion of your payment or if your payment has failed, your card is nearing its validity date, or for any other questions regarding the transaction.

3. Marketing activities

a) Factor 75’s marketing activities

Factor 75 will send you marketing communications when you have given prior written consent that you wish to receive emails from Us (Art. 6 para. 1 lit. a) GDPR). We may also send marketing communications without such consent, insofar as We have a legitimate interest in informing you about Our similar products We sell that may be of interest to you and do not override your interests or fundamental rights and freedoms that require the protection of personal data (Art. 6 para. 1 lit. f) GDPR). You can withdraw your consent or send your objection to advertising, for example, via our customer service or by e-mail to our data protection department at datensicherheit@factormeals.de.

We process your personal data with regard to marketing activities of Factor 75 under this subsection lit. a) at the following times inter alia (more details see below):

  1. Email marketing;
  2. Mail/direct mail;
  3. Door to door marketing
  4. Telemarketing (telephone marketing)
  5. SMS
  6. Social networks
  7. Refer a friend

(1) Email marketing

Your name and email address will be processed to keep you informed about Our products and services, for example because you have indicated that you wish to receive emails from Us.

Emails may be about company news or include surveys and reviews, kitchen tips and tricks, updates or information about Factor 75 offers and products.

We may use your name and email address for similar offers for a period of up to three (3) years after your last order. If you no longer wish to receive Our emails, you can inter alia unsubscribe or change your preferences at any time via the link at the bottom of the emails or contacting us by other means. You can also set your preferences via your account settings.

(2) Mail/direct mail

Factor 75 may send you a letter to inform you of Our products and services.

We may use your name and address for similar offers for a period of up to three (3) years after your last order. If you no longer wish to receive mailings from Factor 75, you may contact Us or unsubscribe as indicated on the mailings. If you have indicated that you no longer wish to receive mail, We will process this information and no longer contact you by mail at the address you have provided.

(3) Door to door marketing

Factor 75 may present its products and services in door-to-door marketing initiatives. If you do not wish to receive any or any further visit, you can inform the sales agent directly or by contacting Us.

(4) Telemarketing (telephone marketing)

Factor 75 uses telemarketing (telephone marketing) to acquire you as a customer or to retain you as a customer, provided you have given us your permission to do so. In particular, We can use the phone number you have given Us for similar offers, if you have consented to receive marketing calls from Us, for a period of up to three (3) years after your last order.

We will only contact you if you have indicated that you are interested in contacting from Us. If you have indicated that you no longer wish to be called, We will process that information and will no longer contact you at the number you have provided for telemarketing purposes.

(5) SMS

As long as you do not object, you may receive marketing via SMS. We may use your name and phone number for similar offers for a period of up to three (3) years from the date of your last order.

(6) Social networks

Factor 75 is active on a variety of social networks, including but not limited to platforms like Facebook and Instagram, but also TikTok, LinkedIn, and Pinterest.

In order to show you only ads that are likely to be of interest to you on these social networks, We use cookies and other similar technologies. Together with the relevant social networks We are responsible for the processing of the various personal data through a so-called joint controllership. With regard to the controllership, please refer to the Section B.9.b.) “Transfer to social networks” below. For example, We use Facebook’s and Instagram’s custom audience (targeting service). For this purpose, We can transmit pseudonymized email addresses to Meta Platforms as operator of the platforms. The email addresses are encrypted before they are transmitted to Meta Platforms, i.e., a hash value is created from the email addresses (a combination of different numbers and letters). Meta can then compare this hashed data with similar hashed data of Meta users' email addresses. In this way, it is possible to determine whether you are also on Meta’s platforms like Facebook or Instagram and thus whether or not targeted ads are shown to you when you use one of the platforms. The same could be applied to the other platforms as stated above.

Further, when you interact with Our social networks, We process personal data regarding comments, interactions, likes, shares etc. to Our posts on Our pages.

(7) Refer a friend

If you are Our customer, you can invite your friends to take out a subscription with Factor 75. You can choose to share a promotion code with your friends which can be used on Our website and app. Please make sure that you have the permission of your friends to share your promotion code.

b) Other marketing companies activities

If you have consented, We may share your personal information with other companies for marketing purposes. They may contact you by email, phone or app about their own products and services that may be of interest to you. The legal basis for the processing is your consent in accordance with Art. 6 para. 1 lit. a) GDPR. You can withdraw your consent at any time, for example, via our customer service or by e-mail to our data protection department at datensicherheit@factormeals.de.

4. Use of the Factor 75 website and app

Factor 75 may process personal data regarding the use of Our websites or apps. This includes information about the devices you use, such as your IP address, the version of the operating system you are using, the settings of the device you are using, as well as information about the actual use of Our websites, such as when you visit and what you view.

We evaluate, analyze and improve Our services based on information gathered through the use of and visits to Our websites and through questions and notifications to customer care service.

If you use the Factor 75 app, We will collect your IP address, customer number, email address, name and device ID, which is the equivalent of a cookie for the app (IDFA for iPhones and AAID for Android devices). These personal data are necessary for the proper functioning of Our app.

We also use cookies when you use our website or app. Cookies related to the use of the Factor 75 website or app are stored on your device. We only process cookies that are only necessary when you open a web page from the app.

The legal basis for necessary (technical) cookies is the Art. 6 para. 1 lit. f) GDPR, as it is Our legitimate interest in ensuring that Our website and app is functioning properly. The legal basis for other cookies is your consent according to Art. 6 para. 1 lit. a) GDPR. You can withdraw your consent at any time.

Further information on the use of cookies by Factor 75 can be found in the Cookie Statement below in Section C.

5. Contacting Factor 75 by telephone

If you call Our customer care service department or if they call you back, these conversations are recorded for Our internal quality evaluation purposes, insofar as you consented to this. The legal basis for the processing of your consent is Art. 6 para. 1 lit. a) GDPR. If you contact Our customer care service department, We will inform you of this recording at the beginning of Our telephone conversation. You can withdraw your consent at any time. The recordings of these telephone conversations will be otherwise deleted after three (3) months, except when We are legally obliged to keep them longer.

In addition, the legal basis for such data processing besides your consent is, insofar as it goes beyond the recording of conversations, Art. 6 para. 1 lit. f) GDPR, as it is Our legitimate interest in administering Our customer relationship.

6. Reviews, surveys and raffles

It may be in Our interest to process your personal data to analyze comments and reviews (about Our boxes and/or Our recipes) that you make on the website or app to improve your experience and Our products and services. If you leave a comment or give Us feedback, it may be in Our interest to contact you about it. In this regard We process your personal data such as name, email address and, where provided, phone number. Your reviews you give to Our boxes and/or recipes may be used to promote Our products and services. For each of these reviews, Factor 75 will individually verify that you have actually purchased at least one Factor 75 box before writing your review. In some cases, We can combine personal data with information from external sources (including demographic and geographic segments).

We also process your personal data such as name, email address and phone number when you consented to participate in a survey or raffle. If you no longer wish to receive such information, you can change this directly in your account preferences or by contacting us.

The legal basis for the processing of personal data in connection with the offering and implementation of reviews, surveys and raffles is either i) your consent pursuant to Art. 6 para. 1 lit. a) GDPR, which you can withdraw at any time, or ii) Art. 6 para. 1 lit. b GDPR, insofar as this is necessary for the performance of a contract with us, or iii) Art. 6 para. 1 lit. f) GDPR, insofar as it is our legitimate interest to improve our products and services through reviews or to advertise our products and services.

7. Administration of suppliers and business partners

When administering Our suppliers and Our business partners We process your contact information such as name, phone number, email address, the company you represent, your position, information in connection with the specific task or situation where personal data is processed.

The legal basis for the processing is Art. 6 para. 1 lit. b) GDPR, insofar as it is necessary for the performance of a contract with Us. In addition, the legal basis is Art. 6 para. 1 lit. f) GDPR, insofar as it is Our legitimate interest in administering contacts at Our suppliers and business partners.

8. Profiling

We may use automated decisions (or profiling) to send you targeted advertisements or offers that may be of interest to you. Our automated decisions (or profiling) is conducted through the use of cookies and direct marketing activities and is subject to you consent. For example, certain data, such as the number of or the interruption of your orders, are processed automatically.

In order to provide you with the best possible experience, We may combine your personal data with information from external sources (such as demographic and/or geographic data) or from raffles. Analysis of this information allows Us to better understand Our customers and their use of Factor 75. The result can be used, among other things, to improve Our offer and services as well as Our advertising campaigns. Please refer to the marketing activities in Section 3 above and the Cookie Statement below in Section C.) with regard to how We process your personal data.

Insofar as it is in Our interest to process your personal data in accordance with Art. 6 para. 1 lit. f) GDPR, We do so only if necessary and insofar as Our interest does not outweigh your rights and freedoms.

9. Transfer of personal data

Factor 75 transfers personal data you share with Us and the personal data We collect when you use Our website or app. We transfer personal data, inter alia, to fulfill the contract with you (Art. 6 para. 1 lit. b GDPR), to comply with a legal obligation (Art. 6 para. 1 lit. c GDPR), in Our legitimate interest doing so (Art. 6 para. 1 lit. f GDPR), or with your consent (Art. 6 para. 1 lit. a GDPR). When transferring personal data in accordance with this Section 9, we process it in particular in accordance with the following requirements (see below for further details):

  a) Transfers to subcontractors and third parties;
  b) Transfer to social networks;
  c) Transfer within the HelloFresh Group;

a) Transfer to subcontractors and third parties

Your data will mainly be processed by Us. However, in order to be able to offer you the products and services described in this Privacy Statement and the General Terms and Conditions of Factor 75, it may be necessary for other recipients to be able to view and process the data. These may be recipients outside the HelloFresh Group, to which Factor 75 is affiliated, if We have an authorization basis for this or in the context of commissioned data processing in accordance with Art. 28 GDPR. Factor 75 may also work with partners if this is necessary to fulfill Our range of services or if We are legally obliged to disclose data. This may include the following partners, third parties or processors: Partner companies for IT services, data storage and processing, hosting, backup, support services and sending of emails and other (electronic) messages; delivery partners; payment providers or debt collection agencies. Insofar as we are legally obliged to do so, we may disclose your data to supervisory authorities, (tax) authorities, investigating authorities, courts or other public bodies. In the event of a legal dispute or for the purpose of dispute resolution, we may also disclose your personal data to external consultants or lawyers. Where subcontractors and third parties are located outside the EU/EEA, we will transfer your personal data if appropriate measures have been taken to ensure that they receive a level of protection comparable to that required in the EU/EEA.

b) Transfer to social networks

When you interact with Our pages on social networks (such as, but not limited to, Facebook, Instagram, TikTok, LinkedIn, Pinterest) the providers of the respective social networks may process personal data regarding your behavior through the use of cookies and subject to the consent you possibly have given. Furthermore, when you visit Our pages on social networks, We may receive statistics with regard to, e.g., demography and geography from the social networks regarding the visitors on Our pages. We are a joint controller with the providers of the social networks for the processing of the personal data that is processed in connection with your visit to Our pages. You may therefore exercise your rights according to the GDPR towards Us or Our suppliers.

c) Transfer within the HelloFresh Group

In order to manage your personal data, it may be necessary for Us to share your personal data with Our parent company, HelloFresh SE, located in Prinzenstraße 89, 10969 Berlin, Germany, as with other group companies of the HelloFresh Group where Factor 75 is a part of it.

10. Your rights

You or any other person affected by data processing has the right of access under Art. 15 GDPR, the right to rectification under Art. 16 GDPR, the right to erasure under Art. 17 GDPR, the right to restriction of processing under Art. 18 GDPR, the right to data portability under Art. 20 GDPR and the right to object under Art. 21 GDPR. You also have the right to raise a complaint with the competent data protection authority (Art. 77 GDPR).

a) Consultation, rectification, objection and transfer of your personal data

You can at any time consult the data that Factor 75 processes about you and, if you wish, correct or complete them. You can also view your contact details, address and payment details. Furthermore, you can ask Us to send you your data so that you can transfer them (right to data portability).

b) Deletion of your personal data

You also have the right to obtain that We erase your personal data in the following circumstances:

• Your personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed by us;
• You withdraw your consent to one/several of Our processing(s) that was based on your active consent;
• When a processing is based on Our legitimate interest, that you object to this processing and that this objection overrides Our legitimate interest;
• When the process of your personal data is unlawful;
• When your personal data has to be erased due to compliance with one or more legal obligations.

In some cases, We are legally obliged to keep certain personal data, for example if you have ordered a product or service from Us and We are subject to a retention obligation under tax or accounting law.

c) Restriction of your personal data

You have the right to request restriction of the processing of your personal data by Us in the following circumstances:

• you contest the accuracy of the personal data during a period enabling Us to verify the accuracy of such data;
• the processing is unlawful;
• your personal data is no longer needed for the purposes of the processing, unless it is necessary for Us for the establishment, exercise or defense of legal claims;
• you can also withdraw your consent to certain processing (e.g. email marketing) at any time;
• you have objected to the processing of your personal data which We carry out based on a legitimate interest, pending the verification whether your objection overrides Us or another party’s legitimate interest to continue with the processing.

d) Opposition to the processing of your personal data

You may also opt-out of receiving targeted information about Our services or marketing activities that We send to you. If you ask Us to stop contacting you through any of Our marketing channels, We must retain your name and other relevant data so that We can exclude you from future marketing activities.

e) Making use of your rights

If you wish to claim one of your rights, you can contact Us via the customer care service or the data privacy department by datensicherheit@factormeals.de.

Factor 75 is required to verify your identity with your claim of your right of accessing under Art. 15 GDPR, rectifying under Art. 16 GDPR, erasing under Art. 17 GDPR, restricting of processing under Art. 18 GDPR, the portability under Art. 20 GDPR and objecting under Art. 21 GDPR. In order to fulfill your request, We ask for certain personal data which We use only for this purpose.

11. How does Factor 75 protect your data?

Factor 75 has taken steps to ensure confidentiality and security of your Personal Data, as well as appropriate technical, physical and organizational measures. These include IT security policies, access controls, staff training and secure servers.

12. How long do We keep your personal data?

We store your personal data for as long as it is necessary for the purposes described or to the extent that it is necessary to comply with the contractual relationship, or with legal obligations and to settle (commercial) disputes.

Below is Our specific retention periods for the specific purposes:

Data can also be anonymized to be kept longer for statistical purposes.

C. COOKIE STATEMENT

1. Introduction

This Factor 75 website and the Factor 75 app use cookies. This Cookie Statement outlines the cookies We set, their purpose and how you can delete them. Cookies are small text files that are used on the Factor 75 website and app.

One of the advantages of cookies is that you do not have to enter the same information every time you access the website or app. In addition, cookies help Us understand how Our websites are used, so We can improve them.

Through cookies, Factor 75 may process information about the access and the user's device. In addition, cookies allow Factor 75 to make its website and app more personal and user-friendly. We also set cookies to show you relevant ads on other websites and to share Our content via social networks.

2. What type of cookies do We use and why?

Different types of cookies are used on Our website or app for different purposes. Some are required to use the website or app, while others are optional depending on your choices.

• Necessary (technical) cookies: Cookies which are necessary in order to ensure functionality and security of the website and the app. Necessary cookies allow you to view requested content and use all functionalities on the website and the app, and they do not register data about your preferences or searches on the website and the app.

• Statistical cookies: Cookies which are used to optimize design, usability, and efficiency of the website. The data collected may be used for analytical purposes, e.g. which content is most popular on the website and the app etc. Statistical cookies can also be used to collect visitor statistics through a simple count of the number of visits to the website and the app. Statistical cookies do not register data about your preferences or searches on the website and the app.

• Personalized (tracking) cookies: Cookies which collect data by following you around the website and the app, including registering your entries such as your login information, which pages you have viewed, time spent on a page, click through, search history etc. They are therefore also called “tracking cookies”. Personalized cookies are used to provide you with more targeted and relevant content, for example in the form of suggested information and ads, as well as autofill-information etc.

• Marketing cookies: Cookies which are used to target and personalize ads and offers to you, based on your preferences, interests, habits and activities. Marketing cookies process information by following you on individual websites. Marketing cookies are therefore also kind of tracking cookies.

• Third-party cookies: In addition to the cookies We place on Our website and app, We use a number of third-party cookies to collect data. Third party cookies are cookies which are placed on Our website by third parties, and the data collected are transferred to those third parties. A list of cookies used by the Factor 75 website/app can be found in the cookie settings of the website/app.

3. Cookies on your first interaction with the Factor 75 website/app

When you first interact with Our website/app you have the choice to accept all cookies or to configure your preferences. Feel free to click on the different cookies to learn more about their purpose and how We use them. Refusing certain cookies may affect your experience on Our website/app and the services We provide. You can change your preferences at any time by clicking the cookie settings.

4. Cookie settings

You have the choice to accept or decline cookies when you access Our website or app. In the app, you can set cookies in the corresponding menu selection. For the website, you can always change your choice through your browser settings. The links below will provide you with specific information on how to set cookies for the most commonly used browsers:

• Cookies and Internet Explorer
• Cookies and Microsoft Edge
• Cookies and Firefox
• Cookies and Google Chrome
• Cookies and Opera and
• Cookies and Safari.

D. CONTACT DETAILS

Factor 75 B.V., Spaklerweg 50-52, 1114 AE Amsterdam-Duivendrecht, the Netherlands, is responsible for processing your personal data as described in the Privacy and Cookie statement.

If you have any questions, comments or complaints about this Privacy and Cooking Statement, the use of cookies or the use of your personal data in general, please let Us know. You can send your questions, comments or complaints to Factor 75 through Our contact webpage or to the data protection department by email datensicherheit@factormeals.de.

E. RIGHT TO LODGE A COMPLAINT

You can also lodge a complaint about the processing of your personal data by Factor 75 with the data protection authority as supervisory authority (e.g. the Dutch Data Protection Agency, relevant contact information may be found at https://autoriteitpersoonsgegevens.nl/en/contact).

F. AMENDMENTS AND LANGUAGE

Factor 75 reserves the right to make changes to this Privacy and Cookie Statement, for example, as a result of new regulations or court decisions. We will always inform you of any new changes.

The Privacy and Cookie Statement are presented in German and English version. In case of deviations or different interpretation, the German version shall prevail.

This Privacy and Cookie Statement was last amended on 17 October 2024.