DATA PROTECTION DECLARATION: Nitrobrands GmbH  

^{(for german language please switch website language to "DE" on upper right corner)}

DATE: MAY 24, 2018

Welcome to the website Eniqua.net.
 At eniqua.net, we are committed to protecting and respecting your privacy. This notice contains important information about eniqua.net and the way your personal information is processed. For more information about our services, please refer to our Terms and Conditions.
 If you would like more information about how we collect, use and store your personal information, you can contact us at any time by email at info@eniqua.net or by writing to the Privacy Team at Nitrobrands GmbH, Kurhausstrasse 88, 8032 Zuerich, Switzerland.

About us

The Eniqua.net website is owned and operated by Nitrobrands GmbH. Nitrobrands GmbH is the owner of the ENIQUA Beachclubwear brand. The term "our online services" refers to eniqua.net, our sites to third-party social media platforms such as Instagram, Facebook, YouTube, Twitter, Google+ and any other websites or apps that we own or operate from time to time. When you use any of our services, we refer to you in this Privacy Policy as "user", "visitor", "you", "your", "yours".
 According to the Basic Data Protection Ordinance (the "DSGVO"), Nitrobrands GmbH, Kurhausstrasse 88, 8032 Zuerich, Switzerland, is responsible for processing all personal data that we have stored about you.

What personal data do we collect and why?

We collect your personal information when you place an order, call our customer service team, sign up for our marketing communications, browse our website or use the other services offered by our website (www.eniqua.net). The information we collect includes information you provide to us, such as your first and last name, and your shipping and billing addresses. We also collect information about your shopping habits and about the pages and products you have accessed through your use of the website. We use this data to process your orders:

- to record your orders, process your payments and deliver the items you have purchased; - to provide you with any additional services you have requested, such as our marketing communications; - to provide you with access to the services reserved for registered users, such as wish lists and product notifications; - to provide you with assistance and support from our customer service team; - to personalise your visit to the website and ensure that the content of our website is presented in the most effective way for you and your computer.

According to the law, we must have a valid legal basis for processing your data.
 In most cases, we process your data because we have a contract with you, e.g. to deliver your purchases or to provide you with other services requested by you. We also use your personal information to send you sales and marketing communications that we believe may be of interest to you if we have received your express consent to this activity or if you are an existing customer and we have a legitimate interest in contacting you. You can unsubscribe from our sales and marketing communications at any time.
Who will process your data?

Your personal data will be processed by Nitrobrands GmbH and may also be processed by other group companies acting on our behalf.
 We may also use the services of external suppliers to meet our business requirements and may share your information with those suppliers. These suppliers have been selected after a rigorous evaluation process and on the basis of their security, reliability and competence. They will only process your data in accordance with our instructions. Some of these suppliers and some Group companies may be located in non-EU countries. In this case, your personal data will be transferred to these countries in compliance with the legal guarantees.

How long do we keep your data?

We will not retain your personal data for longer than is necessary to fulfill the purposes for which you provided it, unless permitted or required by law to do so by law. The retention period varies depending on the purpose of the processing. For example, the data collected during your purchase at www.eniqua.net will be retained in accordance with local tax laws, while the data used to send our marketing communications will be retained until you unsubscribe.
What rights do you have with regard to your personal data?

According to the law, you have the right:
 - to know which of your personal data we process, where this data originates and how we use this data;
 - ask us to update, correct or supplement the data stored about you;
 - to revoke your consent to processing for a specific purpose;
 - ask us to delete and remove your data from our systems;
 - limit or oppose the processing of your data by us;
 - ask us to make available to you the personal data we hold about you in an easily readable electronic form or to transmit such data directly to a third party designated by you.
 You may exercise these rights at any time by emailing info@eniqua.net or writing to the Privacy Team at Nitrobrands GmbH, Kurhausstrasse 88, 8032 Zuerich, Switzerland.
 If you believe that your personal data has been processed unlawfully, you can lodge a complaint with the supervisory authority responsible for compliance with the regulations on the protection of personal data.
 This Privacy Policy may be amended and supplemented from time to time. If possible, we will inform you of any changes, but please check the content yourself on a regular basis. The creation date and version number are indicated at the beginning of the message.

1. who is the owner of the data processing?

In accordance with the Data Protection Act, the Data Protection Officer is responsible for ensuring that your data is kept secure, that you receive accurate information about how your data is used and that your rights regarding your data are respected.
 The eniqua.net website is owned and operated by Nitrobrands GmbH. For the purposes of the Data Protection Act and the Basic Data Protection Ordinance (the "DSGVO"), the data controller for all personal data that we have stored about you is Nitrobrands GmbH (here "we", "our", "us").

2. what personal data do we collect?

We only collect and process the data that is necessary to provide you with our services. We collect the following data when you browse or shop at www.eniqua.net
 a) We process the personal data required for the processing and dispatch of your order, such as name, billing address, delivery address, payment data, mobile phone number, telephone number and e-mail address. We collect your e-mail address to send you a confirmation of your order; we collect your telephone number so that we can contact you in the event of problems with your order.
 b) We collect your email address when you register to receive the newsletter.
 c) When you open an eniqua.net account, we collect your name, email address, password, country and other information about your marketing preferences.
 d) If you contact our customer service team, we may collect additional information to help us with questions about your order, delivery, payments, marketing, website or other issues.
 e) We collect and process information about your browsing of www.eniqua.net, including the pages you visit and how you interact with those pages. If you have registered an account, we collect browsing information about your access to the relevant areas of the website.
 f) If you are a customer of www.eniqua.net or if you have given us your consent, we collect and process your personal data for direct marketing activities.
 g) When you provide us with information from another person - for example, when you purchase a product to be delivered to a friend or as a gift - we collect and process the personal information necessary to complete the transaction, such as your friend's name, shipping address and other contact information.
 When you receive an item as a gift, we process your information only to fulfill the gift request and our contractual obligations.
 h) If you call our customer service team, your call will be recorded for training and fraud prevention purposes.

3. how do we use the personal data we collect?

We collect and process your personal information for the following purposes:
 a) If you purchase a product from www.eniqua.net, we will ask you for the personal information we need to fulfil our contract with you, including acceptance of payments, any checks to protect against fraud if you choose to pay by credit/debit card, invoicing, shipping and delivery of the product and any processing of the return.
 b) When you visit www.eniqua.net, we collect only as little of your personal information as is necessary to provide you with the services of the site, such as storing items in your shopping cart.
 c) When you visit www.eniqua.net, we will use some information about your use of the website to improve the website and to promote our advertising for the website. This includes information about how you came to the Site, the date and time of your visits, products you viewed or searched for, page response times, download errors, the length of your visits to certain pages, page interaction data (e.g., scrolling, clicking, and mouse-overs), and how you navigate away from the Site.
 d) We also collect information about your use of www.eniqua.net using cookies. For more information about how we use cookies and how you can disable cookies, please see our cookie policy below.
 e) When you register at www.eniqua.net, we will collect the necessary information to recognize you when you return and to provide you with offers to register for services such as creating a wish list or subscribing to e-mails. If you no longer wish to receive these e-mails, you can unsubscribe at any time by clicking on the link at the bottom of the e-mail or by contacting our customer service.
 f) If you sign up for our marketing communications, we will ask you for your e-mail address. If you do not wish to receive these e-mails, you can unsubscribe at any time by clicking on the link at the bottom of the e-mail or by contacting our customer service.
 g) When you make a purchase at www.eniqua.net, we use the personal information we hold about you, including your purchase history, to inform you about products and services that may be of interest to you. This contact is usually by e-mail, but in certain circumstances we may contact you by other means, for example, we may call you if an item that we know you would like to purchase is in stock again. If you do not wish to be contacted in this way, you can unsubscribe at any time by clicking on the link at the bottom of the email or update your contact preferences at www.eniqua.net or contact our customer service.
 h) We analyze contact information, purchase history, web browsing data, and lifestyle data to tailor our marketing communications, website presentation, and Internet advertising to your preferences. For example, if you have viewed or purchased a particular bikini model, we may send you an email to let you know that it is now being offered for sale or similar products as part of our Internet advertising.
 i) When you contact our customer service team, we use the personal information we collect about you to respond to your inquiries or information.

4. on what legal basis do we process your personal data?

By law, we must have a valid reason for using your personal data and we may not collect, store or use any data about you that is incompatible with that reason. There are four reasons that apply to the use of your personal data:
 I. We need most of the data we collect in order to fulfil or conclude our contract with you, e.g. if you indicate your invoice and e-mail address when purchasing an item at www.eniqua.net, so that we can process your payment and send you an order confirmation.
 II. Under certain circumstances, we may ask for your permission or consent to use your personal information, for example, if we would like to send you marketing communications by e-mail about items that we think may be of interest to you. If you have given us your consent to the use of your personal data, you can revoke it at any time.
 III. We may also have a legitimate interest in using your personal information, for example to ensure that the content of our website is presented to you and your device as effectively as possible, or to ensure that our marketing communications are relevant to your interests. If this is our reason for using your information, we must ensure that our interests do not exceed yours and you have the right to object to this use of your information.
 IV. Finally, it may be necessary for us to use your information to fulfil a legal obligation or to protect your interests, for example to share it with other specialised organisations for fraud detection and credit risk mitigation purposes, and to retain financial information on a long-term basis to meet our legal obligations.
The legal basis for any use of your personal data is as follows:

5. who will process your data?

 Your personal data will be processed by Nitrobrands GmbH's office staff who have been specially trained and authorised to process your data.  Your personal data will also be disclosed to third parties that we use to provide our services; these have been carefully screened and provide a guarantee of compliance with the laws on the processing of personal data. These parties have been designated as data processors and carry out their activities in accordance with instructions given by Nitrobrands GmbH and under our control. The third parties concerned belong to the following categories: Bank operators, Internet providers, companies specializing in IT and telematics services; couriers; companies engaged in marketing activities, including social media organizations; companies specializing in market research and data processing; companies providing contact center services; companies providing publishing and distribution services. It may be necessary for us to disclose or disclose your information without your consent, e.g. if we are required to do so by the police, the courts or for other legal reasons. Your data may be transferred to police, judicial and administrative authorities for the investigation and prosecution of criminal offences, to prevent and protect against threats to public safety, to enable Nitrobrands GmbH to establish, exercise or defend a right in court, and for other reasons related to the protection of the rights and freedoms of others.

6. data transmission outside the European Union

Some of the third parties listed in the previous paragraph "Who will process your data" may be located in countries outside the European Union, but may nevertheless provide an adequate level of data protection as an adequate level of protection is only guaranteed: I. following the conclusion of specific agreements between Nitrobrands GmbH and such third parties containing safeguards and adequate safeguards for the protection of your personal data (so-called "standard contractual clauses" approved by the European Commission), or II. if the data transmission is necessary for the conclusion and execution of a contract between you and Nitrobrands GmbH (for the purchase of goods offered on our website, for the registration on the website or the use of services on the website), or III. for the management of your enquiries.

7. how long do we retain your data?

We will retain your personal data for a limited period of time in accordance with our data retention policy. The duration of the storage depends on the reason for the processing of your personal data. After this period has expired, your data will be permanently deleted or otherwise irreversibly anonymised. Your personal data will be stored according to the following criteria: If you have purchased goods from www.eniqua.net, we keep the invoice details until the end of the respective billing period. If you make a payment, we will retain your payment details until you confirm the payment and complete the relevant administrative settlement formalities relating to your right of withdrawal and the terms and conditions for challenging the payment; If you provide us with your personal data in order to use the services of www.eniqua.net, such as marketing communications, we will store your data for this purpose until the termination of the service or until you cancel the subscription to this service; If we use your personally identifiable information and browser history to analyze your behavior, customize the Site, and provide you with personalized offers to sell, we will retain that information for analytical purposes until you request us to delete it; When we use personal information for market research and satisfaction surveys, we retain that information until you request us to delete it. When you contact our customer service team, we will retain any additional personal information you provide for your inquiry as long as you remain an active customer of www.eniqua.net If you contact our customer service, we may store the call for up to 3 months. Credit card details will not be recorded as part of the call. 

8. your rights 

You have the right to request a copy of the information we hold about you (and we will provide it to you free of charge once we have confirmed your identity). If you would like a copy of some or all of your personal data, please send us an e-mail or write to us using the contact details in this policy. If we store data about you, we will: - Give you a description about it - Tell you why we're keeping them. - Tell them who they might be passed on to - Tell you how long we will keep your data - if the data was not provided by you, we will give you all available information, e.g. where the data came from - inform you whether your data has been used for automated decision-making - inform you whether the data is stored outside the European Economic Area and, if so, what security measures have been taken to protect your personal data

You have the right to ask us to correct any inaccuracies in the personal information we hold about you and to prohibit us from using your information until it has been corrected. We want to ensure that your personal information is accurate and current, and we are happy to correct or remove information that you believe is inaccurate.
 If you have given us your consent to use your personal information for marketing purposes, you may revoke your consent at any time by calling Customer Service or clicking "unsubscribe" in a marketing email. You may receive some further communications immediately after you unsubscribe, but we will process your request as soon as possible.
 You have the right at any time to object to the processing of your personal data on the basis of our legitimate interest. You must explain the reasons for your enquiry and allow us to examine and answer your enquiry.
 You have the right to request the deletion of your personal data. After receiving and checking your request, it is our task to immediately cease data processing and to delete your personal data.
 You have the right to receive a copy of your data, which we process on the basis of your consent or on the basis of a contract with you, in a standard format. If you wish, we can, as far as technically possible, pass on your data directly to a third party specified by you.
 To exercise any of these rights, you may log into your account, contact our customer service at info@eniqua.net or write to our Privacy Team at Nitrobrands GmbH, Kurhausstrasse 88, 8032 Zuerich, Switzerland.
 To ensure that our users' data is not misused or unlawfully used by third parties, we ask you to confirm your identity before executing your request.

9. Security 

We protect your personal data through targeted technical and organizational security measures designed to prevent their unlawful or fraudulent use.
 In particular, we use security measures that ensure the encryption or pseudonymisation of your data, the confidentiality, integrity and availability of your data as well as the resilience of the systems and services you process and the possibility of restoring data in the event of a data breach. In addition, Nitrobrands GmbH conducts tests, inspections and regular investigations into the effectiveness of technical and organisational measures to ensure continuous improvement of process security.

 10. CHANGES TO THIS ANNOUNCEMENT

 We review our privacy policy periodically to reflect changes to our services and privacy policy. This Privacy Statement was last updated on May 24, 2018.

How this information can be used

Whenever you provide us with your personal information on the data entry forms you complete, in all relevant terms and conditions and on pages or e-mails that refer to the data entry forms, we will use it in accordance with applicable data protection laws and for the purposes set out in this Policy.When you use our services:

When you use one of our services, register for or participate in one of our events, set up, view or change your account information, or contact your personal shopper or a member of our customer service team, we collect your personal information. Your information is primarily used to provide the products, services or information you request and to provide you with a personalized shopping experience. We store the information you provide and may use it for various purposes, including:
 (i) Accounting, billing, reporting and auditing;
 ii) credit reports and credit checks;
 iii) Authentication and identity verification;
 iv) credit, debit or other payment card evidence and controls;
 (v) collection;
 (vi) protection, security, health, training, administrative and legal purposes;
 (vii) data matching and deduplication, statistical analysis and market analysis, and marketing information;
 (viii) Advertising and marketing for us, our Group and third parties;
 (ix) Development, testing and maintenance of systems;
 (x) studies, research and development;
 (xi) Customer surveys;
 (xii) Customer support and assistance in future business dealings with you, e.g., by identifying your requirements and preferences;
 (xiii) as required by law or in connection with legal proceedings or disputes; and (iv) any other use set forth in the Terms of Use for our Services. For these purposes, we may disclose your information to one or more of the other organizations listed in the "With whom we will share your personal information" section.
 Stored payment card information will only be shared with our payment partner and not with other third parties and will only be used to process your order through our payment partner's systems. We may also use your personal information to send you marketing updates, as described in the next section.

Track how our online services are used:

We involve third parties to collect and share information from many visitors to our online services and analyze it to gain an understanding of how people use our websites. This helps us improve the services we provide. We may also share anonymous visitor statistics with other reputable organizations, but the information we provide will not include details that would allow those organizations to identify you. For more information about how we use cookies, please read our Cookie Policy.

Customize our online services and ad targeting:

We may use the information you give us about yourself and the information we collect about cookies when you use our online services to help us understand your interests.
 We may then use this information to ensure that when you send marketing communications, visit our websites or use our online services, you do not miss any offers and information that may be of interest to you. This information may also be used by our advertising agencies and third-party networks to promote our own or third-party products and services when you visit third-party websites and online services. This is referred to as advertising orientation or interest-related advertising. For more information on how to opt-out of ad targeting or interest-based advertising, please read our cookie guidelines.

References:

 If you give us feedback, we may use it to improve our services, and we may publish it online or offline to promote our company and services. We will ask for your consent before we publish it.Comments and reviews about our online services:

If you would like to post a comment or feedback on a blog or article about our services, we may post your comment online or offline to promote our company and services. We collect your name or username, which appears next to your comment and your email address, which will not be published, but which we may use to contact you regarding your comment.

Social networks:

Direct Marketing:

If you follow or interact with us on any of our sites on social media platforms such as Instagram, Facebook, Twitter and Google+, the information you provide will be subject to that third party's privacy policy and this Privacy Policy.

For information on how we can market to you, please see the "Opt-in and Opt-out Marketing Terms" section.

Customer surveys:

 From time to time, we ask for your opinion about our services and the products you have purchased through our services. When we conduct research or surveys, we may use cookies and combine the information collected from these cookies with your responses.With whom we will share your personal data

From time to time, we may hire third parties to provide information about you or to collect personal information on our behalf. We may also share or match your information with third parties to provide them with the products, services or information you request, or to conduct interest-based advertising. We may share your information with one or more of the following organizations: (i) data processing companies, mail order companies and other third parties working on our behalf; (ii) advertising agencies and other advertising agents; (iii) credit reporting or anti-fraud agencies that may record such information; (iv) students and universities for research purposes and other research and development organizations; (v) regulatory, governmental and law enforcement agencies, such as the police.

 From time to time, we receive inquiries from government agencies, the police and other law enforcement agencies. If this is the case and there is an appropriate legal basis for providing your personal information, we will pass it on to the requesting organization.
 We collect information about website traffic, sales, wish lists and other commercial information that we may share with third parties, but that information does not contain any personally identifiable information about you.

Where we process your personal information

If we use your data as described in this declaration, this may also lead to the transfer of your data outside the European Economic Area (EEA). In doing so, we ensure that appropriate measures are taken to protect your personal data and your rights. By providing us with your personal data, you agree that we may transfer, store and process your data outside the EEA. Governments in certain countries, such as the United States, have extensive powers to access data for reasons of security, crime prevention, detection and prosecution.Marketing opt-in and opt-out clauses

We offer you the opportunity to receive news and updates that we can discuss with you by phone, live chat, email, SMS and/or direct mail as you wish. This includes notifications of new products, features, improvements, special offers, upgrade opportunities, contests, interesting events and one-time marketing promotions. You may opt out of receiving these updates if you wish.
 We or our business partners may also ask you whether you would like to receive marketing notifications when you participate in a promotion or participate in an event we host or sponsor. 
 You have the right to ask us not to use your personal data for marketing purposes. We offer you the opportunity to unsubscribe from any service or update you subscribe to at any time if you change your mind. Whenever you are contacted by us through direct marketing, we will tell you how to unsubscribe or you can do so by emailing info@eniqua.net
 If you tell us that you do not want direct marketing, we will continue to contact you to provide you with the products and services you have requested.

Protection of your personal data

We will take reasonable precautions to ensure the security, integrity and confidentiality of the information you provide to us. We have implemented technology and security policies designed to protect the personal information we hold about you. We also follow the security instructions required by applicable data protection laws. These include the storage, use and disclosure of the information you provide and measures to prevent unauthorized access or use. When you place an order or access your account information, we use SSL (Secure Socket Layer) encryption, which encrypts your information before it is sent to us, to protect it from unauthorized use.

How we can make changes to this privacy statement

We may update this privacy statement from time to time so that you should review it each time you provide us with personal information or use our websites.
 If you require further information, please contact our data protection officer at info@eniqua.net.

Cookie policy

What is a cookie and what is it used for?

A cookie is a small file that is sent to the browser and stored on your device when you visit a website such as eniqua.net ("the Website"). Cookies enable the website to work efficiently and improve its services, in addition to providing information for statistical or promotional purposes, especially to personalize your navigation experience by remembering your preferences (e.g. the language and currency you set to recognize you next time you visit, etc.). What cookies do we use and for what purpose? Our website uses different types of cookies and similar technologies, each of which has a specific function. They are explained in the table below.

Type of cookie function

1. navigation cookies
 These cookies enable the website to function correctly from the first access and allow you to display content on your device by recognising the language and market of the country from which you have established the connection. If you are a registered user, you will be identified and given access to the services offered in the designated areas. Navigation cookies are technical cookies and are necessary for the functioning of the website.
 2. functional cookies
 These cookies allow you, at your express request, to be recognized when you access the site later, so that you do not have to enter your data each time (e.g.: "Save password?"). 
 If you have placed items in your shopping basket and closed the session without completing the purchase and without removing these items, these cookies will allow you to continue shopping the next time you access the site (within a limited period of time) and find the same items that have already been selected. 
 Functional cookies are not essential for the functioning of the website, but they improve the quality of navigation and the experience of navigation.
 3. analytical cookies
 These cookies are used to create statistical analyses of the navigation methods used by users of our website. Nitrobrands GmbH only treats the results of these analyses anonymously and exclusively for statistical purposes if the service provider uses the cookies to connect to the browser or other devices used to navigate the website.
 The website uses certain third-party services which install their own cookies completely independently of each other.
4. own and third-party marketing and profiling cookies
 These cookies are used to create user-related profiles to send advertising messages that match the preferences shown during your visit, or to improve your navigation experience: As you navigate our Web site, these cookies are useful to show you products that interest you or are similar to those you viewed. Third-party cookies are those sent by our trusted third party providers. These cookies enable you to use our commercial offer on other affiliated websites (retargeting). With third party cookies, we have no control over the information provided by the cookie and we do not have access to that information. This information is fully controlled by third party cookies, as described in their respective privacy policies.
 5. social network cookies
 These cookies are needed so that your social media account can interact with our website. For example, they are used to express your appreciation and share it with your friends on social networks. Social network cookies are not needed to navigate.