Privacy policy

1. PRIVACY POLICY

Effective as of 22nd May, 2018

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

This Privacy Policy shall inform you on:

The Website’s Privacy Practices on Handling Your Data
Your rights as granted in light of new regulations on Privacy worldwide

1.1. References

References to this Policy to: “Service", “Website”, “Chive U.K.”, “We”, or “Us” mean a Data Controller in the context of Regulation (E.U.) 2016/679, from now on referred to as “GDPR”. The Service has all the responsibilities of a Data Controller under the GDPR Directive. The Service does not have a Data Protection Officer, nor is it 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 U.K. References to “Data Subject” mean Users, who are natural persons to whom the GDPR 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 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 sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.2. Agreement

This Privacy Policy shall inform Users and Data Subjects about the scope of processing of the collected data, based on their informed consensus, fulfillment 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 informs you of the Privacy Practices of the Website and its operator – Chive Inc. Ltd., while providing services under our Terms and Conditions and 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 responsibilities regarding the processing of Personal Data that you have given your informed consent to.

1.3. Licensing Provisions

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

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

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

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

2. PRIVACY STATEMENT

2.1. Introduction

The Service cares about its Users’ privacy. This Privacy Policy shall regulate all means of collecting and using your Personal Data that Chive U.K. collects and processes by any means. The Personal Data processed by Chive U.K. will be processed lawfully, fairly, and transparently about you, collected or specified, for explicit and legitimate purposes, and not further processed in a manner incompatible with the purposes stated in this Privacy Policy. Chive U.K. will not process your Data outside the scope of regulation in this Privacy Policy.

2.2. Your Rights

Your Data is your explicit right. Therefore, according to the applicable regulations, you have the right to complaints, grievances, and information 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 U.K., we will use your 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 specific 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, if you find our offers exciting 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 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 to process your Data at any time.

2.4. Data Processing

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

2.5. Data Usage

The Service shall use your data to fulfil the Service’s contractual obligations to you, pursue the Service's legitimate interests and those of State Authorities, and use your data per your informed consent.

The Service may further use your data or set preferences in your User account to send you occasional newsletters, provided you have expressed consent to such newsletters. Once you subscribe to 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 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 Chive U.K.

The Service cares about providing you with the best user experience. That is why it may use in-browser cookies to 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 to improve our service for you. These services and their privacy practices are 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 I.P. address, browser type, ISP, O.S., Date and Time Stamp and Clickstream data. This information does NOT identify individual Users, nor can it 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 to maintain Users’ subscriptions and accounts. Users cannot closely distinguish information stored in cookies. Session Cookies are utilised to improve navigation on our site. Session Cookies expire once you close your browser. The Chive U.K. Website may include advertisements in various forms. Please note that Chive U.K. does not regulate the advertisement content policy of its Partner Websites, Software or Services. Chive U.K. reserves the right to use cookies and other monitoring technologies to compile anonymous statistics about its Users. Chive U.K. does not believe this monitoring could lead to disclosing your identity. You can manually change your cookie preferences. Clear gifs are tiny graphics embedded in a website to track users' online movements.

In contrast to Cookies, Clear GIFs are not stored on your computer. Chive U.K. does not tie online movement or Website usage data to personal information. Google AdSense is a third-party advertising service that provides targeted advertisements according to your preferences and behaviour and your 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, believing that such anonymised data cannot reveal a Data Subject’s identity or be tied to a specific Data Subject. The Service uses these tools to introduce a better User Experience to the user and the Service with operational information on possible likes or dislikes of Users on the Website, including User Traffic, website and focus points—advertisements, etc.

2.5.2. Newsletters and Subscriptions

If you choose to do so, you may subscribe to our Newsletters to stay informed about the new products and/or services that the Service offers. Once subscribed, you may unsubscribe at any time, at which point all periodic newsletters will no longer be sent to you. You should find the unsubscribe option directly on the Newsletter’s footer or contact our Customer Support to unsubscribe from this option.

2.5.3. Opt-outs

In particular aspects of usage, Users are allowed to opt out of having their personal information used for specific purposes. All further usage of your personal information provided to you by us shall be subject to your informed consent.

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

3. CONTENT

3.1. Submissions on Chive U.K

Chive U.K. may have included functionalities, such as users being post submissions. For 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 U.K. 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 now 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 U.K. 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 U.K. 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 U.K. 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 that the Users have deleted.

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

4. PAYMENT

4.1. Orders and Payment

To purchase a Product from Chive U.K., 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 U.K., you may be prompted to use an authorised third-party service, in which you will be presented with a summary of your checkout before proceeding with payment for your selected products and services. Chive U.K. uses third-party credit and debit card processing processors to bill you for products and/or services you order.

Third-party payment processors do not retain, share, or store the personal data used to process your payment. Chive U.K. does not retain, share or store, locally or on your User Account, any Personal Data used to process your payments. If you choose, you may save certain billing information on your User Account, which you can delete at any time directly from User Account settings.

5. SECURITY

5.1. Security Measures. Disclaimer on Safety

Chive U.K. follows accepted industry standards during the submission, transmission and acceptance of personal data. Due to the ongoing trend of internet threats, Chive U.K. cannot guarantee your 100% safety while using the Service. However, we will disclose any security breach, if such a breach threatens your rights, within 72 hours of becoming aware of such danger.

5.2 Customer Support Privacy

Our Customer Support team has been updated with the latest and best security and privacy practices. All Personal Data you might disclose will be processed to provide you with the needed assistance by Customer Support and stored in so-called “Threads” to give our Customer Support team a follow-up in case you 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. Considering the purposes of Personal Data Processing, the Data Subject shall have the right to complete incomplete personal data. The Service shall communicate any rectification or erasure of personal data or restrictions of processing carried out by this section towards each recipient to whom the personal data has been disclosed unless rendered impossible or requiring disproportionate effort. If the User requests it, the Service shall inform the User about the recipients above.

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 U.K. database in case: - the personal data is no longer necessary for the purposes for which it was collected or otherwise processed; - the personal data has been processed unlawfully; - the personal data has to be erased to achieve compliance with a legal obligation of a Member state to which Chive U.K. is subject; - the personal data have been collected about 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 by this section towards each recipient to whom the personal data has been disclosed unless rendered impossible or requiring disproportionate effort. If the User requests it, the Service shall inform the User about the recipients above.

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 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 by this section towards each recipient to whom the personal data has been disclosed unless rendered impossible or requiring disproportionate effort. If the User requests it, the Service shall inform the User about the recipients above.

6.4. Objections

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

In cases involving marketing, the User may object to at any time the processing of personal data concerning them 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 with Chive U.K. at the Customer Support’s email address or with the appropriate Supervisory Authority the Website is subject to. If you are not sure where to address your complaint to the Supervisory Authority, contact us to find out more information.

7. MISCELLANEOUS

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 on a case-to-case basis per Articles 3 and 4 of Regulation Rome I. For the validity of this Agreement's rmance, conclusion, and termination of this Agreement, we shall assign United Kingdom law as the applicable law for any disputes arising from those above.

Under the explicit prorogation clause outlined in Regulation Brussels I Bus, United Kingdom competent courts and court instances governed by the United Kingdom Codes of Civil Procedure shall resolve any dispute, provided such a dispute is processed in a court of law.

No terms set forth herein are constructed 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

At this moment, you agree to indemnify and hold Chive U.K., 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 U.K. Website, software, or services and your breach of any representation, warranty, or restriction contained in this agreement.

7.3. Continuity

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

Chive U.K. may suspend Your access to the Website, provided that a breach under the Website’s Terms of Service has been grounds for your termination of the Agreement.

Every older version of these documents is superseded by a renewed version. If our Privacy Policy changes, we may notify you on our Website and via e-mail. The Service reserves the right not to issue an explanation if these Documents are modified.

7.4. Ascent

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

7.5. Agreement

This Privacy policy reflects Chive U.K.'s policy regarding your usage and privacy practices on this Website. They are further intended to inform Chive U.K. Users of the possible results of breaches of these Terms regarding the use of Website, Software and Services. If you have any questions, please get in touch with us via e-mail, post, telephone number or our Online Support Service.

Section 7 – Personal Data that third Parties may collect. Personal Data shared with Third Parties

The Service may utilise specific data concerning the User, which may not be gathered from the User directly. The Service may use these third-party services to collect specific User behaviour data. 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	The 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 is 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	MailChimp	Privacy Policy	-	Mailing of subscriptions and other newsletters	Consent of User	Subscribed e-mail address
7	Warehouse	Privacy Policy		Contact the courier and send orders.	Performance of Contract	Order information from Orders