Privacy

This data protection information applies to data processing by Chiwitt GmbH, Siegburger Str. 231, 50679 Cologne, Germany, Managing Directors: Rahel Chiwitt. The company data protection officer of Chiwitt GmbH can be reached at the above address, at the attention of the data protection department, or at admin@chiwitt-brand.com

1. Data gathering and retention of log files

You can visit our websites without providing any personal information. Each time a website is accessed, the web server only automatically saves a so-called server log file, which contains the name of the requested file, your IP address, date and time of access, transferred data volume and the requesting provider (access data) and documents the access. This information is used by us exclusively to improve our offer and to ensure the trouble-free operation of our online shop and does not allow any conclusions to be drawn about your person. In accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO, this serves to safeguard our predominantly legitimate interests in a correct presentation of our offer as part of a weighing of interests. All access data will be deleted at the latest seven days after the end of your page visit. Hosting services by a third party provider Within the framework of processing on our behalf, a third party provider provides us with services for hosting and displaying the website. This serves to safeguard our predominantly legitimate interests in a correct representation of our offer within the scope of a weighing of interests. All data collected within the framework of the use of this website or in the forms provided for this purpose in the online shop as described below are processed on its servers. A processing on other servers takes place only in the framework explained here. This service provider is therefore located within Germany within the European Economic Area.

2. Data gathering and usage for contract processing and opening a client’s account

We collect personal data when you voluntarily provide it to us as part of your order, when contacting us (e.g. via contact form or e-mail) or when opening a customer account. Mandatory fields are marked as such, because in these cases we need the data to process the contract, or to process your contact or opening a customer account and without their information you can not complete the order and / or the account opening, or send the contact. Which data is collected can be seen from the respective input forms. We use the data provided by you in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO for contract processing and processing your requests. After complete processing of the contract or deletion of your customer account, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement. The deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described below or via a function provided for this purpose in the customer account.

3. Data transfer

In order to fulfil the contract pursuant to Art. 6 Para. 1 S. 1 lit. b DSGVO, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the ordering process, we will pass on the payment data collected for this purpose to the credit institution and payment service provider commissioned by us or to the selected payment service in order to process payments. In some cases, the selected payment service providers also collect this data themselves if you create an account there. In this case, you must register with the payment service provider using your access data during the ordering process. In this respect, the data protection declaration of the respective payment service provider applies. For your order we need your correct name, address and payment data. We need your e-mail address so that we can confirm receipt of your order and communicate with you. We also use this for your identification (customer login) if you have registered a customer account with us. You will also receive your order and shipping confirmation via your e-mail address.

4. E-mail newsletter and postal advertising

E-mail advertising with signing-up for the newsletter

E-mail advertising with newsletter registration E-mail advertising with registration for the newsletter and your right of objection On our website we give you the opportunity to register for a newsletter. In order to avoid mistakes when entering data or data abuse, we use the so-called double opt-in procedure. Here we send an email with a link to the confirmation of the registration. If you do not confirm your registration within 48 hours, your information will be blocked and automatically deleted after one month. Only when you click on this confirmation link will your e-mail address be added to our mailing list. At this point, your electronic contact data will be processed solely on the basis of your consent (Article 6 paragraph 1 letter a DSGVO). By registering, you consent to our collecting and processing the customer master data and purchasing behavior information stored about your customer account. On the basis of this information, we will send you personalised advertising in the form of a newsletter. This appears on a regular basis and informs you about new products, promotions and discounts, as well as opportunities to win. If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right to send you regular offers for similar products to those already purchased from our product range by e-mail on the basis of § 7 para. 3 UWG. This serves to protect our predominantly legitimate interests in an advertising approach to our customers within the framework of a weighing of interests. You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided for this purpose in the advertising mail. The newsletter will be sent as part of processing on our behalf by a service provider, to whom we will forward your e-mail address for this purpose. We would like to point out that we evaluate your user behaviour when sending the newsletter. Using tracking pixels, we collect information on the opening and click rates of newsletter issues as standard. You can unsubscribe from the newsletter at any time. We will provide you with an appropriate link at the end of each advertising mail. You can also contact us at the following email address: hey@chiwitt-swim.com to request information about or the deletion of your data. This does not affect data stored by us for other purposes (e.g. e-mail addresses for checkout purposes). Your revocation does not affect the legality of the processing of your data for the respective purpose on the basis of your consent until revocation. In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g. to send interesting offers and information about our products by mail. This serves to protect our predominantly legitimate interests in advertising our customers in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO. Advertising mailings are processed on our behalf by a service provider to whom we forward your data. You can object to the storage and use of your data for these purposes at any time by sending a message to the contact person described below.

5. Data usage for payment process

Identity verification and creditworthiness verification when choosing Klarna payment service provider

Identity and credit checks when selecting Klarna payment services If you decide to use Klarnas payment services, we request your consent in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO that we may send Klarna the data necessary for processing the payment and an identity and credit check. In Germany, the credit agencies mentioned in Klarna's data protection declaration can be used for identity and credit checks. Klarna uses the information received on the statistical probability of a default in payment for a balanced decision on the establishment, execution or termination of the contractual relationship. You can revoke your consent at any time by sending a message to the contact details below. As a result, we may no longer be able to offer you certain payment options. You can revoke your consent to this use of your personal data at any time, even vis-à-vis Klarna.

6. E-mail and customer service forms

We use the ticket system Zendesk, a customer service platform of Zendesk Inc., 989 Market Street #300, San Francisco, CA 94102, to process customer inquiries. For this purpose, necessary data such as surname, first name, postal address, telephone number, e-mail address are collected via our website in order to be able to respond to your information needs. Zendesk is a certified participant of the so-called "Privacy Shield Framework" and thus meets the minimum requirements for legally compliant order data processing. Further information on data processing by Zendesk can be found in Zendesk's Privacy Policy at http://www.zendesk.com/company/privacy. If you have any questions, you can also contact Zendesk's data protection officer directly: privacy@zendesk.com If you contact us by e-mail or using the form on the website, we will only use the personal data you provide to process your specific enquiry. The data provided will be treated confidentially. The data provided and the progress of messages with our Service Desk are stored for follow-up questions and later contacts. The data entered in the contact form will be processed on the basis of your consent (Art. 6 para. 1 lit. a DSGVO). We have concluded a contract with Zendesk for order data processing and fully implement the strict requirements of the German data protection authorities when using Zendesk.

7. Integration of the Trusted Shops Trustbadge

The Trusted Shops Trustbadge is integrated on this website to display our Trusted Shops seal of approval and the collected evaluations as well as to offer Trusted Shops products to buyers after an order. This serves the protection of our legitimate interests in an optimal marketing of our offer according to art. 6 para. 1 p. 1 lit. f DSGVO. The Trustbadge and the services advertised with it are an offer of the Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. When calling up the Trustbadge, the web server automatically saves a so-called server log file, which contains, for example, your IP address, date and time of the call, transferred data volume and the requesting provider (access data) and documents the call. These access data are not evaluated and are automatically overwritten at the latest seven days after the end of your page visit. Further personal data is only transferred to Trusted Shops if you have consented to this, have decided to use Trusted Shops products after completing an order or have already registered for use. In this case, the contractual agreement made between you and Trusted Shops applies.

8. Cookies and web analytics

In order to make your visit to our website as attractive as possible and to enable to use of certain features, show appropriate products or conduct market research, we use so-called cookies. This serves the purpose of protecting our Interest in an optimal presentation of our offer in accordance with Article 6 (1) P. 1 lit. F GDPR, which is predominant in balancing the interests of all parties involved. Cookies are small text files, which are automatically stored on your terminal. Some of the cookies used by us, are deleted after the browser-session, meaning after you close your browser (so-called session cookies). Other cookies remain on your terminal and enable us to recognize your Browser the next time you visit our website (persistent cookies). You can find the storage duration in the overview in the cookie-preferences section of your web browser. You can adjust your browser so that you will be informed about the placement of cookies and so that you can decide on a case to case basis if you want to accept them or you can decline some cookies in certain cases in general. Every browser manages the cookie-preferences differently. You can find them for each browser using the following links:

Internet Explorer™: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
Safari™: https://support.apple.com/kb/PH21411?locale=de_DE&viewlocale=en_US
Chrome™: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Opera™ : http://help.opera.com/Windows/10.20/en/cookies.html

When you do not enable cookies, the functionality of our website may be limited.

Use of Google (Universal) Analytics for web analytics

For the purpose of website analysis this website uses Google (Universal) Analytics, a web analysis service of Google LLC (www.google.com). This serves the purpose of protecting our Interest in an optimal presentation of our offer in accordance with Article 6 (1) P. 1 lit. f GDPR. Google (Universal) Analytics uses methods, which enable an analysis of the usage of the website, such as cookies. The automatically collected information about your use of this website is normally transmitted and stored to a server of Google in the USA. By activating the ip-anonymization for this website, your ip-address is shortened before it is transferred within the European Union or in other contracting states of the agreement about the European Economic Area. In exceptional cases the full ip-address is transmitted to a Google server in the USA and is shortened there. The anonymized ip-address that is transmitted to Google Analytics by your browser is generally not brought together with our data. After the purpose of holding the data and ending the usage of Google Analytics by us the gathered data will be deleted.

The Google LLC has its headquarter in the USA and is certified under EU-US-Privacy Shield. You can look at the most recent certificate here. Due to the agreement between the USA and the European Commission, the European Commission found that companies certified under the Privacy Shield have a adequate data protection level.

You may prevent the recording of the data by Google (incl. your ip-address) generated by the cookie and your usage of the website, as well as the processing of the before-mentioned data by google, by downloading and installing the following browser-plugin:
https://tools.google.com/dlpage/gaoptout?hl=en .

9. Advertising via Marketing-Networks

Google Ads Remarketing

We use Google Ads to advertise this website in Google search results and on third-party websites. When you visit our website, Google sets a remarketing cookie, which automatically uses a pseudonymous cookie ID and the pages you visit to enable interest-based advertising. This serves to protect our predominantly legitimate interests in an optimal marketing of our website in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO. The data collected in this context will be deleted after we have ceased to use Google AdWords Remarketing for the intended purpose and at the end of its use. Further data processing will only take place if you have agreed to Google linking your web and app browser history to your Google account and using information from your Google account to personalise advertisements you see on the web. In this case, if you are logged in to Google while browsing our website, Google will use your information in conjunction with Google Analytics data to create and define cross-device remarketing audience lists. For this purpose, Google temporarily links your personal data to Google Analytics data in order to form target groups.

Google AdWords Remarketing is a service provided by Google LLC (www.google.de). The Google LLC is headquartered in the USA and is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Due to this agreement between the USA and the European Commission, the latter has determined an appropriate level of data protection for companies certified under the Privacy Shield. You can deactivate the remarketing cookie via this link. You can also contact the Digital Advertising Alliance to find out how to set cookies and to configure your settings.

Facebook Remarketing / Retargeting

Our sites integrate Remarketing-Tags of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. When you visit our sites, the a direct connection between your browser and the Facebook-server is established with the help of the Remarketing-Tags. Facebook then receives the information that you have visited our website with your ip-address. That is how Facebook connects your Facebook account to your visit on our website. We can then use this information to show Facebook Ads. We want to point out that we as the provider do not have any knowledge of the content of the transmitted data, as well as its usage by facebook. You can find further information regarding this in the data privacy statement of Facebook at https://www.facebook.com/about/privacy/ . If you do not want the data collection, you may deactivate your Custom Audiences here.

Conversion measurement with the visitor action pixels von Facebook

On our sites we use the „visitor action pixel“ from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94303, USA („Facebook“). With their help we can trace the actions by users, after they saw or clicked the facebook ads. That way we can record the effectiveness of the Facebook ads for statistical and market research reasons. The mentioned data are anonymous to us, meaning we cannot view the personal data of individual users. However that data is stored and processed by Facebook, about which we inform you to the best of our abilities and knowledge. Facebook can connect this data to your Facebook account and use it for their own advertising purposes, in accordance with their Data Use Policy: https://www.facebook.com/about/privacy/ .

The following sites provide you with more information regarding Facebook advertisements, as well as the possibilities to adjust preferences for Facebook advertisements.

If you do not own a Facebook account, you may deactivate the usage based advertisements by Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/uk/your-ad-choices.

10. Using Social Plugins by Facebook

Our website uses so-called Social Plugins („Plugins“) of the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, Ca 94304, USA („Facebook“). The Plugins are marked with either a Facebook logo or the addition „Social Plugin by Facebook“ or „Facebook Social Plugin“. You can look at an overview of Facebook’s plugins and their appearance here: https://developers.facebook.com/docs/plugins.

When you open a page on our website that includes such a plugin, your browser automatically connects to the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated on the website. Through this integration Facebook receives the information that your browser visited a page on our website, even If you do not own a Facebook account or are not currently logged in. These information (including your ip-address) is transmitted directly from your browser to a Facebook server in the USA and stored. If you are logged in to Facebook, Facebook can assign your visit to our website to your Facebook account. When you interact with the plugin, e.g. click the „Like“-button or comment, the information is also directly being transmitted to the Facebook server and stored there. This information is being published on your Facebook account and shown to your Facebook friends

Reason and scope of the data collection and further processing and usage of the data through Facebook, as well as your rights in this regard and settings for the security of your privacy you can find in the data privacy statements by Facebook: http://www.facebook.com/policy.php .

If you do not want Facebook to assign the data collected from your visit on our website to your Facebook account, you have to log out of your Facebook account before visiting our website. You may also block the Facebook Plugin with add-ons for your browser, e.g. with the „Facebook Blocker“ (http://webgraph.com/resources/facebookblocker/).

11. Using Pinterest buttons

Our website uses so-called Social Plugins („Plugins“) of the social network Pinterest, which is operated by Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, USA („Pinterest“). Plugins are visible through for example buttons with the sign „Pin it“ on white or red background. You can find an overview over the Pinterest Plugins and their appearance here: https://developers.pinterest.com/docs/getting-started/introduction/ .
When you open a page on our website that includes such a plugin, your browser automatically connects to the Pinterest servers. The content of the plugin is transmitted directly from Pinterest to your browser and integrated on the website. Through this integration Pinterest receives the information that your browser visited a page on our website, even If you do not own a Pinterest account or are not currently logged in. These information (including your ip-address) is transmitted directly from your browser to a Pinterest server in the USA and stored.

If you are logged in to Pinterest, Pinterest can assign your visit to our website to your Pinterest account. When you interact with the plugin, e.g. click the „Pin it“-button, the information is also directly being transmitted to the Pinterest server and stored there. This information is being published on your Pinterest account and shown to your contact.

Reason and scope of the data collection and further processing and usage of the data through Pinterest, as well as your rights in this regard and settings for the security of your privacy you can find in the data privacy statements by Pinterest: https://policy.pinterest.com/en/privacy-policy.

If you do not want Pinterest to assign the data collected from your visit on our website to your Pinterest account, you have to log out of your Pinterest account before visiting our website. You may also block the Pinterest Plugin with add-ons for your browser, e.g. with the script blocker „NoScript“ (http://noscript.net/).

12. Bing usage

We use Bing Ads to optimise our advertising measures and to broadcast our advertising. Bing Ads is a service of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA (“Microsoft”). In order to use this service, a cookie is placed on your terminal device if you have reached our website via a Microsoft Bing advertisement. In this way, Microsoft and we can recognize that someone clicked on an ad, was directed to our Web site, and reached a predetermined destination page (“Conversion Site”). We will only know the total number of users who clicked on that Bing ad and were then redirected to our site. Microsoft uses the cookie to process information from which usage profiles are created using pseudonyms. These usage profiles are used to analyze visitor behavior and to play advertisements. This data processing is necessary to safeguard our overriding legitimate interest (Art. 6 Para. 1 f DS-GVO) in order to optimise the advertising of our website for users. These cookies are deleted in accordance with the settings stored in your web browser (e.g. when closing the browser window). You have the option of setting cookies by means of a corresponding browser setting. You can also prevent the collection of data generated by the cookie and related to your use of the website and the processing of this data by Microsoft by clicking on the following link http://choice.microsoft.com/de-DE/opt-out to declare your objection. Further information on data protection and the cookies used by Microsoft and Bing Ads can be found on the website of Microsoft https://privacy.microsoft.com/de-de/privacystateme.

13. Tracify Usage

We use the web analytics service Tracify on our website or on parts of our website to record how our website is used by its visitors and to evaluate and optimize the effectiveness of our advertising/marketing measures. Tracify is a web analytics service provided by Tracify GmbH in Munich, Germany. Tracify GmbH acts for us as a data processor on the basis of a data processing agreement in accordance with Art. 28 GDPR.
Tracify enables an analysis of the use of the website and the customer journey without storing cookies or other information on the end device of the user, but only on the basis of browser and device information, such as the IP address of the user, the configuration of the respective user agent (user agent string), usage data, order information, contact data, the screen resolution, the installed fonts and plugins and the processor of the respective device.
The information transmitted to Tracify is completely and irreversibly anonymized immediately after transmission, so that a personal reference is excluded. Only the anonymized aggregated information is analyzed.
Data processing when using Tracify takes place entirely in Germany; there is no data transfer to unsafe third countries without an adequate level of data protection.
The legal basis for the use of Tracify is our legitimate interest pursuant to Art. 6 para. 1 lit. f) GDPR in a demand-oriented design of the website and in the evaluation and optimization of our marketing measures.

14. Shipping and review reminders via e-mail

Review reminder through Trusted Shops

Provided you have explicitly given your consent after the completed order in accordance with Article 6 (1) P. 1 lit. a GDPR, we transmit your e-mail address to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Köln (www.trustedshops.de) , so that they can send you a review reminder via e-mail.

This consent can be cancelled at any time by either sending a message to the contact possibility below or directly towards Trusted Shops.

15. Contact Possibilities and your rights

As affected you have the following rights:

In accordance with Article 15 GDPR the right to demand the personal data processed by us in the scope describes in the mentioned article;
In accordance with Article 16 GDPR the right to immediately demand the correction of incorrect or completion of personal data stored by us;
In accordance with Article 17 GDPR the right to demand the deletion of your personal data stored by us, as long as further processing
- To exercise the right to freedom of expression and information;
- To fulfill a legal obligation;
- For reasons of public interest or
- To claim, exercise or defend legal claims is not required;
In accordance with Article 18 GDPR the right to demand the restriction of processing your personal data , as long as:
- the accuracy of your data is contested;
- the processing is unlawful, but you refuse the deletion of the personal data;
- we do not require the data anymore, but you need the data in order to claim, exercise or defend legal claims or
- you filed an objection against the processing in accordance with Article 21 GDPR;
In accordance with Article 20 GDPR the right to receive your personal data that you provided us with in a structured, common, and machine-readable format or to demand the transmission to an other responsible person;
In accordance with Article 20 GDPR the right to complain to a supervisory authority. Usually you can turn to the supervisory authority in the place of your habitual residence or workplace or place of our corporate seat.

For questions regarding the assessment, processing or use of your personal data, the information, correction, blocking or deletion of data, as well as revocation of granted consent or objection to a certain data use, please turn directly to us through our contact information given in our imprint.

16. Changes and updates

We reserve the right to change the data privacy statement, in order to adapt it to changes in our services, as well as the data processing or adapt it to a modification in the legal framework.

17. Right to object

As long as we process personal data in the before-mentioned way in order to protect our interest, in balancing the various interests, you may object the processing with effect to the future. If the processing occurs for purposes of direct marketing, you may exercise your right as mentioned in the sentence before. If the processing occurs for other purposes, you only have the right to object in special situations.

After you exercise your right to object, we will not further process your data in the before-mentioned way, unless we can prove mandatory protectable reasons for the processing, which outweigh your interest, rights and freedom or if the processing of it serves your claims, exercise or defense of legal rights.

This does not apply to the purpose of direct marketing. In that case, your personal data will not be further processed for this purpose.