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Privacy Policy

PRIVACY POLICY

Effective as of 22nd May, 2018

 

This Privacy Policy reflects the obligations taken on by the Service under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

 

This Privacy Policy shall inform you on:

  1. The Website’s Privacy Practices on handling your Personal Data
  2. Your rights as granted in light of new regulations on Privacy worldwide 

 

1. References


References to this Policy to: “Service", “Website”, “Chive UK”, “We” or “Us” mean a Data Controller in the context of Regulation (EU) 2016/679, thereinafter referred to as “GDPR”. The Service has all responsibilities of a Data Controller under the GDPR Directive. The Service does not have a Data Protection Officer, nor is obliged to do so under the GDPR Regulations. However, you may contact our Customer Support for any questions regarding your privacy. The Service’s contact information is as follows:

 

Company name:

CHIVE INC. LTD

Company registration number:

07780010

Company VAT number:

GB 134684893

Company Address of Operation:

Savoy House, Savoy Circus

London, W3 7DA

United Kingdom

Company e-mail:

info@chiveuk.com

Company telephone number:

+44 (0) 20 3637 5733

GDPR Representative name:

Alexander Roberts

GDPR Representative e-mail:

privacy@chiveuk.com

 

References to “You”, “Your” and “User” mean the person, group or other entity utilising Chive UK. References to “Data Subject” mean Users, which are natural persons, to whom the GDPR regulation grants the appropriate rights as described in this Privacy Policy.

 

“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

"Processing” means 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.

 

2. Agreement


This Privacy Policy shall inform Users and Data Subjects about the scope of processing of the collected data, based on their informed consensus, fulfilment of contractual obligations entered into between the Data Subject and the Service, as well as pursuing legitimate interests of the Service in regards to processing and collection of the Personal Data. This Privacy Policy is to inform you on the Privacy Practices of the Website and its operator – Chive Inc. Ltd., while providing you with services under our Terms and Conditions and/or the individual Agreements you may enter into. This Privacy Policy shall further inform you of the rights and obligations taken on by the Company for pursuing the Company’s legitimate interests, as well as the rights and obligations in regards to processing of Personal Data that you have given your informed consent to.

 

3. Licensing Provisions


To the extent of using the rendered services by Chive UK, the Company hereby grants you a non-exclusive and non-transferrable license to the use of this Website’s content and services. This license is limited to personal use, and is further limited according to any Terms or Agreement that Chive UK may stipulate with you in the future. Applicable Licensing Terms may be displayed at an accessible place or visible to you within the Website.

 

4. Abuse of the Service and state authority-issued subpoenas


While pursuing legitimate interests of the Service, Chive UK may disclose your personal information in the range which as necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its legal rights or positions in a civil, penal or criminal matters. The Service, on demand by state authorities and a valid document obliging the Service to disclose your information, the Service may further disclose your personal information upon such request in a range and manner prescribed by applicable law.

 

Chive UK has the right, but not the obligation to inquire about potential abuse and/or misbehaviour of any User on the Website, and take appropriate action, without exclusion to defending its legal rights in a court of law. The Service further reserves full discretional rights as granted under the Chive UK Terms of Service.

  

2. PRIVACY STATEMENT
2.1. Introduction.


The Service cares about its Users’ privacy. This Privacy Policy shall regulate all means of collection and usage of your Personal Data that Chive UK collects and/or processes by any means. The Personal Data processed by Chive UK will be processed lawfully, fairly and in a transparent manner in relation to you; collected or specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with the purposes stated in this Privacy Policy. Chive UK will not process your Personal Data outside the scope of regulation in this Privacy Policy.

  

2.2. Your Rights.


Your Personal Data is your explicit right. Therefore, in relation to the applicable regulations present, you will have the right to complaints, grievances and rights to be informed in case of any changes to the method in which we process your Personal Data, as further described below in this Privacy Policy.

  

2.3. Data Collection.


Any Personal Data You entrust us with shall be used in a manner as described in this Privacy Policy. We may use your data for the following purposes:

  • Performance of Agreement with You (for example, if you enter into an Agreement with Chive UK, we will use your Personal Data such as your Name, Address of Residence, Contact Number, postal Address or e-mail, to contact you and to fulfil any obligation we have under such Agreement)
  • Handling and Processing your payments (for example, if the Service requires you to submit a payment, you shall be prompted to a secure server, in which you can input your billing details)
  • Providing you with access to your User Account and User Account Settings (for example, if you are a registered User on our Service, you may change certain privacy settings manually, or request from Us to do so on our Customer Support e-mail)
  • Sending you occasional Newsletters or other periodic publications you have subscribed to (for example, you find our offers interesting, and wish to be updated with new products and services that We have to offer)
  • Analysing your preferences and behaviour on the Website (for example, we will know the focal points that most Users look to while they’re on the Website, the User preferences when purchasing certain services from us etc., through cookies that we further explain in this Privacy Policy)

  

2.3.1. Types of Data we may collect from you.


While using our Service, when acquiring details about wholesale clients, we may require and collect the following data:

  • Name of Company
  • Type of Company
  • Area of interest of the Company
  • Company’s business address
  • Company’s telephone number
  • Company’s representative or other contact name and telephone numbers

While using our Service, when acquiring details about retail clients, we may require the following data:

  • Name
  • E-mail
  • Residential Address
  • Telephone Number

While performing certain agreements with you, we will use the necessary Personal Data in order to successfully perform our part of the contractual obligations (e.g. When we work with wholesale or retail clients, we will keep your contact details until the contractual obligation or disputes arising out of it are fully completed on our behalf).

We may require further Personal Data from you, which will always be with your prior consent or based on the provisions of this Privacy Policy. You may withdraw your consent for processing of Personal Data at any time.

  

2.4. Data Processing.


Chive UK respects the privacy of its Users. The Website will not treat Personal Data in a manner which is not in accordance with this Privacy Policy. Any information you provide, shall be provided with your prior explicit consent, and processed in accordance with the purpose, for which it was provided to the Website. You may withdraw your consent at any time, after which we shall delete all your Personal Data from our servers. If we are to provide you with certain services or products under a specific Agreement and you have withdrawn your consent from processing of such data, we will further use this data only for the purpose of fulfilling our contractual obligations towards you.

  

2.5. Data Usage.


The Service shall use your data in order to fulfil the Service’s contractual obligations to you, pursue legitimate interests of the Service and/or State Authorities, as well as use your data in accordance with your informed consent to do so.

The Service may further use your personal data or set preferences in your User account in order to send you occasional newsletters, provided that you have expressed consent to such newsletters. Once you have subscribed from such newsletters, you may unsubscribe at any time.

The Service’s auxiliary means of financing may be targeted marketing. The Service may use some of the anonymised data collected from your user activity on the Website in order to provide you with targeted advertisements and marketing. Data collected in this way cannot disclose your identity to any third parties, as it consists of behavioural tracking mechanisms while you are using the Chive UK.

The Service cares about providing you with the best user experience. That is why the Service may use in-browser cookies, in order to, for example, log you into your account automatically. This information is stored locally on your device, and you may delete such cookies manually in your browser settings. The Service may use some analytics tools that output anonymised data we use for improving our service to you. These services, as well as their privacy practices shall be listed in section 7 at the end of this Privacy Policy.

 

2.5.1. Advertisements, Cookies and Clear gif notice.


Certain information is gathered and stored in log files. This information includes the IP address, browser type, ISP, OS, Date and Time Stamp and Clickstream data. This information does NOT identify individual Users nor can closely distinguish Users. This information is utilised to administer the site and to track Users’ movements across the Website. Cookies are small pieces of data stored locally on the Users’ Browsers. Session ID cookies are used and utilised to maintain Users’ subscriptions and accounts. Information stored in cookies cannot closely distinguish Users. Session Cookies are utilised to improve navigation on our site. Session Cookies expire once you close your browser. The Chive UK Website may include advertisements in various forms. Please note that Chive UK does not regulate the advertisement content policy of its Partner Websites, Software or Services. Chive UK reserves the right to use cookies and other monitoring technologies to compile anonymous statistics about its Users. Chive UK does not believe that this monitoring could lead to disclosing your identity. You can manually change your cookie preferences. Clear gifs are small graphic files embedded in a Website to track the online movements of Users. In contrast to Cookies, Clear Gifs are not stored on your computer. Chive UK does not tie online movement or Website usage data to personal information. Google AdSense is a third-party advertising service to provide you with specific targeted advertisements according to your preferences, according to your behaviour and searches on the Internet. We use Google Analytics as our third-party statistic provider, which gathers certain information from User behaviour on Our Website. The Service uses these tools to follow the Service’s legitimate interest, and believes that such anonymised data cannot reveal a Data Subject’s identity or otherwise be tied to a certain Data Subject. The Service uses these tools namely to introduce a better User Experience to the user, as well as provide the Service with operational information on possible likes or dislikes of Users on the Website, including User Traffic, Website focus points. Advertisements etc.

 

2.5.2. Newsletters and Subscriptions.


If you chose to do so, you may subscribe to our Newsletters, in order to stay informed about the new products and/or service that the Service offers. Once subscribed, you may unsubscribe at any time, at which point all periodic newsletters shall further not be sent out to you. You should find the unsubscribe option directly on the Newsletter’s footer, or contact our Customer Support to be unsubscribed from this option.

 

2.5.3. Opt-outs.


In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. All further usage of your personal information provided to you by us shall be subject to your informed consent.

 

Your personal data is your explicit right. You may opt to deny us access or not providing us this information, manually change your privacy preferences within your User Account, or (in case such manual preferences are not available), contact the Customer Support via the provided e-mail above to opt out of certain privacy settings.

 

3. CONTENT
3.1. Submissions on Chive UK.


Chive UK may have included functionalities, in which Users are allowed to post submissions of any kind. For the purposes of this document, submissions shall be considered any types of text, pictures, video, sound or other multimedia files which the User is allowed to submit via the Chive UK Website. Submissions are to be added by Users submitting these text or multimedia files to the service. Upon sharing the user submission, the User submitting hereby warrants and represents that the submission is free of any legal deficits, without limitation to copyright, rights related to copyright and intellectual property rights. The User shall not use the Chive UK Website as a forum to express bigotry, racism, intolerance, anything obscene, profane, morally and ethically incorrect, libellous or defamatory towards any individual, person or group, whether they are Users of the Chive UK Website or not.

 

Upon sharing your user submission, you retain all proprietary rights you own or hold towards the user submission, but, for purposes of displaying the user submission in publicly available places, grant Chive UK a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users.

 

The Service reserves all discretional rights as per the Terms of Service in cases that the user submission provides to be a material breach to this Policy’s or the Terms of Service’s provisions. The Service may further use the user submission as cause, evidence or supporting material in cases where the Service’s rights are violated, in order to proceed with such cases in dispute-resolving procedures or in a court of law.

 

4.PAYMENT
4.1. Orders and Payment.


In order to purchase a Product from Chive UK, certain personal information is required. You should expect to provide contact information (name, e-mail, address) and financial information (billing credentials). This information will be utilised in no other way than billing purposes, contact purposes or authorisation, regarding submitted Orders. Upon purchasing a product from Chive UK, you may be prompted to an authorised third-party Service, in which you will be presented with a summary of your checkout, prior to proceeding with payment of your selected Products and/or Services. Chive UK utilises Third-party credit and debit card processing processors, in order to bill you for ordered Products and/or Services.

 

The third party payment processors do not retain, share or store the Personal Data used in order to process your payment. Chive UK does not retain, share or store, either locally or on your User Account any Personal Data used in order to process your payments. If you choose so, you may save certain billing information on your User Account, which you can delete at any time directly in your User Account settings.

 

5. SECURITY
5.1. Security Measures. Disclaimer on Safety.


Chive UK follows accepted industry standards during the process of submission, transmission and acceptation of personal data. Due to the ongoing trend of internet threats, Chive UK cannot guarantee your 100% safety while using the Service. We will, however, disclose any security breach, if such a breach poses a threat to your rights, within 72 hours after becoming aware of such threat. 

 

5.2 Customer Support Privacy.


Our Customer Support team has been kept up to date with the latest and best of security and privacy practices. All Personal Data you might disclose shall be processed in order to provide you with the needed assistance by the Customer Support, and shall further be stored in so-called “Threads”, in order to give our Customer Support team a follow-up, in the case you would need further assistance from us.

 

6. USER RIGHTS
6.1. Rectification.


The Data Subject shall have the right to obtain from the Service, without undue delay, correction of any inaccurate personal data concerning the Data Subject. Taking into account the purposes of the Personal Data Processing, the Data Subject shall have the right to have incomplete personal data completed. The Service shall communicate any rectification or erasure of personal data or restrictions of processing carried out in accordance with this section towards each recipient to whom the personal data has been disclosed, unless rendered impossible or requiring disproportionate effort. In the case the User requests it, the Service shall inform the User about the aforementioned recipients.

 

6.2. Deletion of Data.


The User shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay from the Chive UK database, in case that: - the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; - the personal data has been processed unlawfully; - the personal data has to be erased in order to achieve compliance with a legal obligation of a Member state to which Chive UK is a subject; - the personal data have been collected in relation to the offer of information society services as per Article 8 of the GDPR. The Service shall communicate any rectification or erasure of personal data or restrictions of processing carried out in accordance with this section towards each recipient to whom the personal data has been disclosed, unless rendered impossible or requiring disproportionate effort. In the case the User requests it; the Service shall inform the User about the aforementioned recipients.

 

6.3. Restriction of Processing.


The User shall have the right to obtain from the controller restriction of processing in one of the following cases: - the accuracy of the personal data is contested by the User, for a period enabling the controller to verify the accuracy of the personal data; - the processing is unlawful and the User opposes the erasure of the personal data and requests the restriction of their use instead; - the controller no longer needs the personal data for the purposes of the processing, but they are required by the User for the establishment, exercise or defence of legal claims; - the User has objected to processing in accordance to Article 21 of the GDPR. The Service shall communicate any rectification or erasure of personal data or restrictions of processing carried out in accordance with this section towards each recipient to whom the personal data has been disclosed, unless rendered impossible or requiring disproportionate effort. In the case the User requests it; the Service shall inform the User about the aforementioned recipients.

 

6.4. Objections.


The User may object to the processing of personal data concerning him or her which is based on pursuing legitimate interests by the Service or sharing of Personal Data based on a state-issued subpoena.

In cases involving marketing, the User may object to at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the User objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. Objections may be sent directly to the Service’s Customer Support e-mail address.

 

6.5. Complaint.


Pursuant to the GDPR regulation, the User may lodge a complaint directly to Chive UK, at the Customer Support’s e-mail address, or lodge a complaint with the appropriate Supervisory Authority the Website is subject to. If you are not sure on to where to address your complaint to the Supervisory Authority, contact us in order to find out more information.

 

7. MISCELLENOUS
7.1. Jurisdiction


The un-enforceability of any of the Provisions as stated in this Privacy Policy under applicable law shall not affect the enforceability of any other provision of this Agreement.

 

The Parties agree to designate applicable law as seen fit in case-to-case basis in accordance with Articles 3 and 4 of Regulation Rome I. For the purposes of the validity, performance, conclusion and termination of this Agreement, the parties designate United Kingdom law as the applicable law for any disputes arising out of the aforementioned.

 

In accordance to the explicit prorogation clause as set forth in Regulation Brussels I Bus, United Kingdom competent courts and court instances in accordance with United Kingdom Codes of Civil Procedure shall be used to resolve any dispute, provided that such a dispute shall be processed in a court of law

 

No terms set forth herein are constructed in any way or manner in order to limit or otherwise obstruct consumer protection rights. If any such clause exists and is contrary to applicable national or Community law, it shall not affect the enforceability of the remainder of this document. 

 

7.2. Indemnification


You hereby agree to indemnify and hold Chive UK, its owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Chive UK Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.

 

7.3. Continuity


Chive UK may suspend or discontinue any portion of the whole Service with or without previous notice.

Chive UK may suspend Your access to the Website, provided that a breach under the Website’s Terms of Service has been grounds for termination of Agreement with you

Every older version of these documents is superseded with the issuing of a renewed version. In case of change of Privacy Policy, we may notify you on our Website and via e-mail. The Service reserves the right to not issue an explanation in the case of modification of these Documents.

 

7.4. Ascent


These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and Chive UK.

 

7.5. Agreement


This Privacy policy reflects the policy of Chive UK in regards to your usage and privacy practices of this Website. They are further intended to inform the Chive UK Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.

 

 

 


 

 

 

Section 7 – Personal Data that may be collected by third Parties. Personal Data shared with Third Parties

 

The Service may utilise certain data concerning the User, which may not be gathered from the User directly. The Service may further use these third party services in order to gather certain data on the user’s behaviour. Such data, the purpose for processing, and the privacy practices of these Third Parties are listed in the table below:

 

#:

Name of Service and Website:

Policies on Privacy:

Services used

Purpose for processing:

Lawful basis for processing:

Type of Data

1

Google

(Google, Inc. – U.S.)

Privacy Policy – Opt Out

Google AdSense

Google AdWords

Google Analytics

Traffic and User behaviour information, Advertisement tools

Legitimate interest

Anonymised

2

Facebook

(Facebook, Inc.- U.S.)

Privacy Policy

Facebook Ads

Facebook Analytics

Traffic and User behaviour analytics, Advertisement tools

Legitimate Interest

Anonymised

3

Orderbot

Privacy Policy

 -

Invoicing

Performance of Contract

Invoicing Information processed automatically

4

Shopify

Privacy Policy

 -

Website maintenance

Placement of orders

Legitimate interest

Performance of Contract

Order information from Users

5

Capsule

Privacy Policy

 -

Communication between Users

Performance of Contract

Messaging information, Messaging identification

6

MailChamp

Privacy Policy

 -

Mailing of subscriptions and other newsletters

Consent of User

Subscribed e-mail address

7

Warehouse

Privacy Policy

 

Contact with courier and sending orders

Performance of Contract

Order information from Orders