Privacy Policy

1. We are pleased that you are visiting our website and thank you for your interest. Below we will inform you about how your personal data is handled when you use our website. Personal data is all data with which you can be personally identified.
2. The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Vivacqua OHG, Brunnenstraße 47, 85598 Baldham, Germany, Tel.: +49 (0)176 14 114114, Email: info@vivacqua2wear.com . The person responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
3. The person responsible has appointed a data protection officer, who can be reached as follows: "Vivacqua OHG, Brunnenstraß2 47, 85598 Baldham, info@vivacqua2wear.com"
4. For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the string “https://” and the lock symbol in your browser bar.

If you use our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called “server log files”). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:

• Our visited website
• Date and time at the time of access
• Amount of data sent in bytes
• Source/reference from which you came to the page
• Browser used
• Operating system used
• IP address used (if necessary: in anonymized form)

Processing is carried out in accordance with Article 6 Paragraph 1 Letter f of the GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.

Hosted by Shopify
We use the shop system of the service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”) for the purpose of hosting and displaying the online shop on a basis Processing on our behalf. All data collected on our website is processed on Shopify’s servers. As part of Shopify's aforementioned services, data may also be processed further on behalf of Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc . or Shopify (USA) Inc. In the event that data is transferred to Shopify Inc. in Canada, the appropriate level of data protection is guaranteed by the European Commission's adequacy decision. Further information on Shopify's data protection can be found on the following website:
https://www.shopify.de/legal/datenschutz
Further processing on servers other than those mentioned above by Shopify only takes place within the scope stated below.

In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable you to recognize your browser the next time you visit (so-called persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values on an individual basis. Persistent cookies are automatically deleted after a specified period of time, which may differ depending on the cookie. You can find out how long each cookie is stored in the overview of the cookie settings in your web browser.

In some cases, cookies are used to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). If personal data is also processed through individual cookies we use, the processing takes place in accordance with Art. 6 Para. 1 lit. b GDPR either to implement the contract, in accordance with Art. 6 Para. 1 lit in accordance with Art. 6 Para. 1 lit. f GDPR to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.

Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers under the following links:

Internet Explorer: https://support.microsoft.com/de-de/help/17442/
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehne
Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: https://help.opera.com/de/latest/web-preferences/#cookies

Please note that if you do not accept cookies, the functionality of our website may be restricted.

When you contact us (e.g. via contact form or email), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing this data is our legitimate interest in answering your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Article 6 (1) (b) GDPR. Your data will be deleted after your request has been processed. This is the case if it can be seen from the circumstances that the matter in question has been conclusively clarified and if there are no legal retention obligations to the contrary.

In accordance with Article 6 Paragraph 1 Letter b of the GDPR, personal data will continue to be collected and processed if you provide it to us to execute a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. Your customer account can be deleted at any time and can be done by sending a message to the above address of the person responsible. We store and use the data you provide to process the contract. After the contract has been fully processed or your customer account has been deleted, your data will be blocked in consideration of tax and commercial law retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or reserve the right to further use of your data as permitted by law on our part became.

1. >Subscription to our email newsletter

   If you sign up for our email newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your email address. Providing further data is voluntary and is used to address you personally. We use the so-called double opt-in procedure to send the newsletter. This means that we will only send you an email newsletter if you have expressly confirmed to us that you agree to receive the newsletter. We will then send you a confirmation email in which you will be asked to confirm that you want to receive the newsletter in the future by clicking on a corresponding link.

   By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 Para. 1 lit. a GDPR. When you register for the newsletter, we save your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your email address at a later date. The data we collect when you register for the newsletter will be used exclusively for advertising purposes via the newsletter. You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a message to the person responsible mentioned at the beginning. Once you have unsubscribed, your email address will be immediately deleted from our newsletter distribution list unless you have expressly consented to further use of your data or we reserve the right to use your data beyond this, which is permitted by law and about which we inform you in this declaration.

2. Newsletter dispatch via CleverReach

   Our email newsletters are sent via the technical service provider CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede (“CleverReach”), to whom we pass on the data you provided when registering for the newsletter. This transfer is carried out in accordance with Article 6 Paragraph 1 Letter f of the GDPR and serves our legitimate interest in using an advertising-effective, secure and user-friendly newsletter system. The data you enter to receive the newsletter (e.g. email address) is stored on CleverReach's servers in Germany and Ireland.

   CleverReach uses this information to send and statistically evaluate the newsletter on our behalf. For evaluation purposes, the newsletters sent by email contain so-called web beacons or tracking pixels, which represent single-pixel image files that are stored on our website. This makes it possible to determine whether a newsletter message was opened and which links, if any, were clicked on. With the help of so-called conversion tracking, it can also be analyzed whether a pre-defined action (e.g. purchasing a product on our website) took place after clicking on such links. Technical information is also recorded (e.g. time of access, IP address, browser type and operating system). The data is only collected pseudonymously and is not linked to your other personal data; direct personal reference is excluded. This data is used exclusively for statistical analysis of newsletter campaigns. The results of these analyzes can be used to better adapt future newsletters to the interests of the recipients.

   If you would like to object to data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.

   We have concluded an order processing agreement with CleverReach, with which we oblige CleverReach to protect our customers' data and not to pass it on to third parties.

   You can read more information about CleverReach's data analysis here:
   https://www.cleverreach.com/de/funktionen/reporting-und-tracking/
   You can view CleverReach's privacy policy here:
   https://www.cleverreach.com/de/datenschutz/.

1. To process your order, we work with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.

   The personal data we collect will be passed on to the transport company commissioned with the delivery as part of the contract processing, to the extent that this is necessary to deliver the goods. We pass on your payment data to the commissioned credit institution as part of payment processing, provided this is necessary for payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for passing on the data is Article 6 Paragraph 1 Letter b GDPR.

2. Use of special service providers for order processing and processing

   - DHL Fulfillment
   The order is processed via the service provider DHL Home Delivery GmbH, Sträßchensweg 10, 53113 Bonn as part of “Shipping by DHL Fulfillment”. Your personal data will be passed on to DHL Fulfillment exclusively for the purpose of processing the online order in accordance with Article 6 (1) (b) GDPR.

3. Transfer of personal data to shipping service providers

   - DHL
   If the goods are delivered by the transport service provider DHL (DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn), we will provide your email address in accordance with Art. 6 Para. 1 lit. a GDPR before delivery of the goods for the purpose of coordination of a delivery date or delivery announcement to DHL, provided you have given your express consent to this in the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to DHL for the purpose of delivery in accordance with Article 6 (1) (b) GDPR. The data will only be passed on to the extent that this is necessary for the delivery of the goods. In this case, prior coordination of the delivery date with DHL or delivery notification is not possible.
   The consent can be revoked at any time with future effect from the person responsible above or from the transport service provider DHL.

4. Use of payment service providers (payment services)

   -Google Pay
   If you choose the “Google Pay” payment method from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”), the payment will be processed via the “Google Pay” application on your device with at least Android 4.4 (“KitKat”) operated mobile device with an NFC function by charging a payment card stored with Google Pay or a payment system verified there (e.g. PayPal). In order to approve a payment via Google Pay in the amount of more than €25, you must first unlock your mobile device using the verification measure that has been set up (e.g. facial recognition, password, fingerprint or pattern). For the purpose of payment processing, the information you provided during the ordering process, along with the information about your order, will be passed on to Google. Google then transmits your payment information stored in Google Pay in the form of a unique transaction number to the originating website, which is used to verify a payment made. This transaction number does not contain any information about the real payment details of your payment methods stored with Google Pay, but is created and transmitted as a one-time valid numerical token. For all transactions via Google Pay, Google only acts as an intermediary to process the payment process. The transaction is carried out exclusively between the user and the source website by debiting the payment method stored with Google Pay.
   If personal data is processed during the transfers described, the processing takes place exclusively for the purpose of payment processing in accordance with Article 6 (1) (b) GDPR.
   Google reserves the right to collect, store and evaluate certain process-specific information for every transaction made via Google Pay. This includes the date, time and amount of the transaction, merchant location and description, a description of the goods or services purchased provided by the merchant, photographs that you included with the transaction, the name and email address of the seller and buyer, respectively. the sender and recipient, the payment method used, your description of the reason for the transaction and, if applicable, the offer associated with the transaction.
   According to Google, this processing is carried out exclusively in accordance with Article 6 (1) (f) GDPR based on the legitimate interest in proper accounting, verification of process data and optimization, etc

Facebook Pixel for creating custom audiences (with Cookie Consent Tool)
Our online offering uses the so-called “Facebook pixel” from the social network Facebook, which is operated by Facebook Ireland Limited, 4 Grand Canal Quare, Dublin 2, Ireland (“Facebook”).
If a user clicks on an advertisement we have placed on Facebook, an addition is added to the URL of our linked page by Facebook Pixel. If our site allows sharing data with Facebook via pixels, this URL parameter is written into the user's browser via a cookie, which our linked site sets itself. This cookie is then read by Facebook Pixel and enables the data to be forwarded to Facebook.
With the help of the Facebook pixel, Facebook is able to determine the visitors to our online offering as a target group for the display of advertisements (so-called “Facebook Ads”). Accordingly, we use the Facebook pixel to only show the Facebook ads we place to those Facebook users who have shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products) based on the information they visit websites) which we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not appear annoying. This allows us to further evaluate the effectiveness of Facebook advertisements for statistical and market research purposes by tracking whether users were redirected to our website after clicking on a Facebook advertisement (so-called “conversion”).
The data collected is anonymous to us, so it does not allow us to draw any conclusions about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with the Facebook data usage guidelines (https://www.facebook.com/about/privacy/). The data can enable Facebook and its partners to place advertisements on and outside of Facebook.
The data processing associated with the use of the Facebook Pixel only takes place with your express consent in accordance with Art. 6 Para. 1 lit. a GDPR. You can revoke your consent at any time with future effect. To exercise your revocation, remove the check mark next to the “Facebook Pixel” setting in the “Cookie Consent Tool” integrated on the website.

Google (Universal) Analytics
This website uses Google (Universal) Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google (Universal) Analytics uses so-called “cookies”, which are text files that are stored on your device and enable your use of the website to be analyzed. The information generated by the cookie about your use of this website (including the shortened IP address) is usually transmitted to a Google server and stored there; this may also be transmitted to the servers of Google LLC. come to the USA.
This website uses Google (Universal) Analytics exclusively with the extension "_anonymizeIp()", which ensures anonymization of the IP address by shortening it and excludes any direct reference to a person. Through the extension, your IP address will be shortened by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google LLC server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google (Universal) Analytics is not merged with other Google data.
Google Analytics also enables the creation of statistics with statements about the age, gender and interests of site visitors based on an evaluation of interest-based advertising and with the use of third-party information via a special function, the so-called “demographic characteristics”. This allows the definition and differentiation of user groups of the website for the purpose of target group-optimized targeting of marketing measures. However, records collected using “demographic characteristics” cannot be assigned to a specific person.
All processing described above, in particular the setting of Google Analytics cookies to read information on the device used, will only be carried out if you have given us your express consent to this in accordance with Article 6 Paragraph 1 Letter a of the GDPR. Without this consent, Google Analytics will not be used during your visit to the site.
You can revoke your consent at any time with future effect. To exercise your revocation, please deactivate this service in the “cookie consent tool” provided on the website. We have concluded an order processing agreement with Google for the use of Google Analytics, which obliges Google to protect the data of our site visitors and not to pass it on to third parties.
For the transfer of data from the EU to the USA, Google relies on so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with the European data protection level in the USA.
Further information about Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=de&gl=de

1. Applicable data protection law grants you comprehensive data subject rights (rights of information and rights of intervention) vis-à-vis the person responsible for the processing of your personal data, about which we will inform you below:

   • Right to information in accordance with Art. 15 GDPR: In particular, you have the right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned Storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected from you by us, that Existence of automated decision-making including profiling and, if necessary, meaningful information about the logic involved and the scope and intended effects of such processing affecting you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 GDPR when your data is forwarded to third countries;
   • Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and/or completion of incomplete data stored by us;
   • Right to deletion in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 Paragraph 1 GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
   • Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data you dispute is checked, if you refuse to delete your data due to unlawful data processing and instead Request restriction of the processing of your data if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons relating to your particular situation as long as it is not yet clear whether our legitimate interests are reasons predominate;
   • Right to information in accordance with Art. 19 GDPR: If you have asserted the right to rectification, deletion or restriction of processing against the person responsible, the person responsible is obliged to inform all recipients to whom the personal data concerning you have been disclosed this rectification or deletion of the data or Restriction of processing unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.
   • Right to data portability in accordance with Art. 20 GDPR: You have the right to receive the personal data you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible, to the extent that this is technically feasible;
   • Right to revoke consent given in accordance with Art. 7 Para. 3 GDPR: You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation;
   • Right to complain in accordance with Art. 77 GDPR: If you are of the opinion that the processing of personal data concerning you violates the GDPR, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement.

2. RIGHT TO OBJECT

   IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCE OF INTERESTS BASED ON OUR OVERWHELMING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION. IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA. HOWEVER, FURTHER PROCESSING IS RESERVED IF WE CAN PROVE COMPLEX REASONS FOR THE PROCESSING THAT ARE worthy of protection, which OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.

   IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY EXERCISE YOUR OPT-OUT AS DESCRIBED ABOVE.

   IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA FOR DIRECT ADVERTISING PURPOSES.