Name and contact data of the data controller and also the company data protection officer
This Data Protection Policy covers data processing by :
ComOn Enterprise GmbH
Geschäftsführung: Roy Bernheim und Allan Perrottet
Handelsregisteramt des Kantons Zürich (Schweiz)
Umsatzsteuer-Identifikationsnummer: CHE-451.536.655 MWST
- Collection and storage of personal data and also nature and purpose and their use
When you access our website www.tbo.clothing, the browser on your end device automatically sends information to our website server. This information is temporarily saved in a log file. The following information is collected without any action on your part and saved until automated deletion:
- IP address of the querying computer,
- date and time of the access,
- name and URL of the accessed file,
- website from which the access was made (referrer URL),
- browser type and version and also further information sent by the browser (such as your computer’s operating system, the name of your access provider, geographical origin, language setting etc.).
We process these data for the following purposes:
- ensuring trouble-free connection to the website,
- ensuring comfortable use of our website,
- evaluating system security and stability and also
- for further administrative purposes.
The legal foundation for the data processing is Art. 6 Subs. 1 Sentence 1 lit. f General Data Protection Regulation (GDPR). Our justified interest follows from the above purposes for the data collection. Under no circumstances do we use the collected data for the purpose of drawing conclusions about your person.
b) When ordering as a guest
If you would like to order products as a guest via our website, we collect the following information:
- salutation, given name, surname,
- a valid email address,
- payment data, depending on the payment method you chose (for example credit card data, bank details or PayPal account data).
These data are collected
- in order to identify you as our contractual partner;
- to check the entered data for plausibility;
- to process the payment of your order;
- to process any warranty claims which may arise and also to assert any claims against you;
The data are processed upon your query and under Art. 6 Subs. 1 Sentence 1 lit. b GDPR are required for the stated purposes of fulfilling the contract and precontractual measures.
To ensure smooth and simple processing of your order and for faster clarification of queries, you can also provide other data:
- your telephone number and
- an alternative delivery address.
Provision of these data is voluntarily.
Your personal data which we collect for the order are saved until the end of the statutory warranty period and then automatically deleted, unless we are obliged to longer storage under Article 6 Subs. 1 Sentence 1 lit. c GDPR due to tax- and commercial-law retention and documentation duties or you have consented to a prolonged period under Art. 6 Subs. 1 Sentence 1 lit. a GDPR.
c) When setting up a user account
You can set up a password-protected user account with us in which we save your personal data. The purpose of this is to provide you with the greatest possible comfort through easier, faster and more personal purchasing in the processing of your orders.
If you would like to set up a password-protected user account with us, we need the following information from you:
- salutation, given name, surname,
- a valid email address.
In addition, to open a user account you have to enter a password of your choice. Together with your email address this provides access to your user account. In your user account you can view and change the data saved about you at any time.
For faster clarification of queries, you can also provide your telephone number. This is voluntarily and not required for opening the user account.
In addition, you can state your date of birth so that we can surprise you with a present (e.g. a discount or a special offer) if you subscribe for the newsletter.
We only save your personal data in a user account, if you have voluntarily given your consent to us under Art. 6 Subs. 1 Sentence 1 lit. a GDPR.
Creating a user account is not required for using our website or for orders you would like to place with us. We also offer you the possibility of placing your order as a guest (see section 2. b)). In that case however, you have to enter all your data again for every order.
After your user account is deleted, your personal data are automatically deleted, unless we are obliged to longer storage under Article 6 Subs. 1 Sentence 1 lit. c GDPR due to tax- and commercial-law retention and documentation duties or you have consented to a prolonged period under Art. 6 Subs. 1 Sentence 1 lit. a GDPR.
d) When registering for our newsletter
In so far as you have expressly consented under Art. 6 Subs. 1 Sentence 1 lit. a GDPR, we will use your email address to regularly send you our personalised newsletter. Providing an email address is sufficient for receiving the newsletter.
Cancellation is possible at any time, e.g. via a link at the end of every newsletter. Alternatively, you can cancel at any time by sending an email to firstname.lastname@example.org
e) When using our contact form
If you have questions of any nature, you can get in touch with us via a form available in the website contact information. This requires the stating of a valid email address and also your given name and surname so that we know who sent the query and how we can answer it. The telephone number can be provided voluntarily.
The data for the purpose of contacting us are processed under Art. 6 Subs. 1 Sentence 1 lit. a GDPR on the basis of your voluntarily given consent.
The personal data we collected for using the contact form will be stored on our data base for reference to future queries.
- Transfer of data to third parties
Your personal data will not be transferred to third parties for purposes other than those given below.
a) For contract processing
In so far as this is legally permissible and under Art. 6 Subs. 1 Sentence 1 lit. b GDPR required for the processing of contractual relationships with you, your personal data will be transferred to third parties. This includes in particular transfer to shipping companies for the purpose of delivering the goods you ordered and the transfer of payment data to payment service providers and/or banks to carry out a payment transaction. The transferred data may be used by the third parties solely for the stated purposes.
The cookie stores information which arises in conjunction with the specifically used end device. This does not mean, however, that this gives us direct knowledge of your identity.
Cookies are used on the one hand so that we can make the use of our offerings more pleasant for you. Therefore, we use session cookies to recognise that you have already visited individual pages our website, you have already logged on in your user account or for displaying the shopping cart. These are automatically deleted after you leave our website.
In addition, we use temporary cookies saved on your end device for a certain defined period to optimise user friendliness. If you visit our website again to use our services, it is automatically recognised that you were already here before and which entries and settings you made so that you do not have to repeat them.
The data processed by cookies are required for the stated purposes to protect our justified interests and also of third parties under Art. 6 Subs. 1 Sentence 1 lit. f GDPR.
Most browsers accept cookies automatically. You can configure your browser, however, so that no cookies are saved on your computer or a message always ap-pears before a new cookie is created. Complete deactivation of cookies can, however, lead to you not being able to use all the functions of our website.
- Analytical tools
The following tracking and targeting measures which we use are carried out on the basis of Art. 6 Subs. 1 Sentence 1 lit. f GDPR.
With the deployed tracking measures we want to ensure an appropriate design and continuous optimisation of our website. On the other hand, we use tracking measures to compile statistics on the use of our website and to evaluate the optimisation of our offerings for you.
Via the deployed targeting measures we want to ensure that you only see advertising tailored to your actual or presumed interests on your end devices.
These interests are to be considered as justified within the meaning of the aforementioned regulation.
The pertinent data processing purposes and data categories can be found in the corresponding tracking and targeting tools.
a) Google Adwords Conversion Tracking
We also use Google Conversion Tracking to statistically capture and analyse the use of our website in order to optimize our offerings for you. To this end, Google Adwords saves a cookie (point 4.) on your computer in so far as you access our website via a Google advertisement.
These cookies expire after 30 days and do not permit personal identification. If the user visits certain pages of the Adwords customer’s website and the cookie has not yet expired, Google and the customer can recognize that the user clicked the advertisement and was redirected to that page.
Every Adwords customer receives a different cookie. Thus, cookies cannot be tracked via the webpages of Adwords customer. The information generated via the conversion cookie is used to produce conversion statistics for Adwords customers who have opted to use conversion tracking. The Adwords customers find out the total number of users who clicked their advertisement and were redirected to a page containing a conversion tracking tag. They do not receive any information, however, which can be used to identify users personally.
If you do not want to take part in the tracking procedure, you can refuse the required cookie – for example via browser settings which generally deactivate the automatic saving of cookies. You can also deactivate cookies for conversion tracking by setting your browser so that it blocks cookies from the "www.googleadservices.com" domain.
You can find Google's privacy notice on conversion tracking here: https://services.google.com/sitestats/en.html
b) Google Adwords Remarketing
We use Google Remarketing Tags from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google")) on our website.
These technologies enable us to provide you with advertising customized to you. The cookies used (point 4.) capture, for example, information about the products in which you have shown an interest. We use this information to show you offers on third-party sites that reflect your interests as established by your previous use behaviour. Your use behaviour is captured and analysed entirely pseudonymously and does not enable us to identify you. In particular, the information is not combined with your personal data.
Google complies with the data protection provisions in the "US Safe Harbor" Convention and is registered in the US Department of Commerce "Safe Harbor" programme. Google uses this information to analyse your use of the website, to compile reports about the website activities for the website operator and to render other services related to the use of the website and the Internet.
Google may also transmit this information to third parties, in so far as this is required by law or if third parties process these data on behalf of Google. Third-party providers, including Google, display advertisements on websites on the Internet and use stored cookies to place advertisements on the basis of a user’s previous visits to the website. Permission to collect and store data can be withdrawn at any time with effect for the future.
If you do not want to take part in the tracking procedure, you can refuse the required cookie – for example via browser settings which generally deactivate the automatic saving of cookies.
Further information about the Google data protection policy can be found here: https://policies.google.com/privacy?hl=en
Hotjar is an analytics & feedback service that was designed and built with privacy in mind. We use it to understand and interpret user behavior provided by the Hotjar for our site. All information provided is done so anonymously, without personally identifying individual users. Please refer to the Hotjars Data Policy and the usage of the information link provided :
d) Facebook Analytics
We use Facebook analytics to analyze data provided by the Facebook pixel imbedded on our website. This enable us to provide you with advertising more customized to you . We use this information to show you offers on third-party sites that reflect your interests as established by your previous use behaviour. Your use behaviour is captured and analysed entirely pseudonymously and does not enable us to identify you. In particular, the information is not combined with your personal data.
Please refer to the Facebook Data Policy below and the usage of the information: https://www.facebook.com/policy.php
e) Yahoo Analytics
We use Yahoo analytics to analyze data provided by the Yahoo pixel imbedded on our website. This enable us to provide you with advertising more customized to you . We use this information to show you offers on third-party sites that reflect your interests as established by your previous use behaviour. Your use behaviour is captured and analysed entirely pseudonymously and does not enable us to identify you. In particular, the information is not combined with your personal data.Please refer to the Yahoo Data Policy and the usage of the information linked below:
Pinterest Analytics helps us understand how people are engaging with the content from our site and Pins from our profile. This includes consumer behaviour on advertising on Pinterest. Please refer to the Pinterest Data Policy and the usage of the information linked below:
Snapchat Analytics helps us understand how people are engaging with the content from our content posted on Snapchat. This includes consumer behaviour on advertising on Pinterest. Please refer to the Snapchat Data Policy and the usage of the information linked below:
Tumblr and Tumblr Analytics helps us understand how people are engaging with the content from blogs and posts. This includes consumer behaviour on advertising via sponsors posts, videos and days.Please refer to the Tumblr Data Policy and the usage of the information linked below:
- Social media plug-ins
We use social plug-ins on our website on the basis of Art. 6 Subs. 1 Sentence 1 lit. f GDPR in order to make our company more well known. The underlying promo-tional purpose is to be considered as a justified interest within the meaning of the GDPR. The responsibility for the data protection compliant operation is to be ensured by the pertinent provider. We integrate these plug-ins using the two-click method so as to give visitors to our website the best possible protection.
Our website uses plug-ins from the Facebook social network which is offered by Facebook Inc.. The Facebook plug-ins are marked by a Facebook logo or the label "Like" or "Share". An overview of the Facebook plug-ins and their appearance can be found under https://developers.facebook.com/docs/plugins.
If you open a page of our website that contains such a plug-in, your browser opens a direct connection to Facebook’s servers. Facebook will send the content of the plug-ins directly to your browser and integrate it in the website.
This integration will give Facebook the information that your browser has opened the corresponding page of our website, even if you do not have a Facebook profile or not currently logged in with Facebook. This information (including your IP ad-dress) will be sent by your browser directly to a Facebook server in the USA and saved there.
If you are logged in with Facebook, Facebook can directly associate the visit to our website with your Facebook profile. If you interact with the plug-ins, for example click the "Like" button, this information will also be directly sent to a Facebook server and saved there. The information is also published on your Facebook profile and displayed to your Facebook friends.
The purpose and scale of the data collection and the further processing and use of the data by Facebook and also your pertinent rights and settings possibilities to protect your private sphere can be found in the Facebook data protection information: http://www.facebook.com/policy.php.
If you do not want Facebook to associate the information collected about your visit to our website directly to your Facebook profile, you have to log out from Facebook before visiting our website. You can also completely block the loading of the Facebook plug-ins with add-ons for your browser, e.g. with the "Facebook Blocker" http://webgraph.com/resources/facebookblocker/.
Facebook Custom Audiences (EN)
In addition, we also use Facebook website custom audiences of Facebook Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland). This is a marketing service at Facebook. It enables us to have individually co-ordinated and interest-based advertising on Facebook shown to certain groups of pseudonymised visitors to our website who also use Facebook.
A Facebook custom audience pixel is integrated in our website. This is a Java Script code via which personal data concerning the use of the website is stored. This includes your IP address, the browser used as well as the originating and destination page. This information is transmitted to Facebook servers in the USA. Facebook is subject to the EU-US privacy shield, so that an appropriate data level is guaranteed.
There, an automated comparison will be made to ascertain whether you have stored a Facebook cookie. Via the Facebook cookie, it will automatically be established whether you belong to the target group relevant for us. If you belong to the target group, you will be shown corresponding adverts by us on Facebook. During this process, you will not be personally identified, either by us or by Facebook, through the comparison of the data.
You can also prevent the use of Facebook custom audiences by clicking on this link. Through this opt-out, any future recording of your personal data when visiting this website is prevented.
Plug-ins from the social network Twitter Inc. are also integrated in our website. You can recognise the Twitter plug-ins ("Twitter" button) by the Twitter logo (a white bird on a blue background) and the label "Twitter". If you open a page of our website that contains such a plug-in a direct connection between your browser and the Twitter server will be opened. This will give Twitter the information that you have visited our website with your IP address. If you click on the Twitter button while you are logged in with your Twitter account, you can link the contents of our pages to your Twitter profile. This enables Twitter to associate the visit to our pages to your user account.
We must point out that as provider of the pages we receive no knowledge about the content of the transferred data or their use by Twitter. Further information about this can be found here https://twitter.com/privacy.
If you do not want Twitter to be able to associate the visit to our pages, please log out from your Twitter user account.
Our website uses plug-ins from the Google Plus social network offered by Google Inc.. The plug-ins can be recognised, for example, by buttons or the label "+1" on a white or coloured background. An overview of the Google plug-ins and their appearance can be found here: https://developers.google.com/+/plugins.
If you open a page of our website that contains such a plug-in, your browser opens a direct connection to Google’s servers. Google will send the content of the plug-ins directly to your browser and integrate it in the website. This integration will give Google the information that your browser has opened the corresponding page of our website, even if you do not have a Google Plus profile or not currently logged in with Google Plus. This information (including your IP address) will be sent by your browser directly to a Google server in the USA and saved there. If you are logged in with Google Plus, Google can directly associate the visit to our website with your Google Plus profile.
If you interact with the plug-ins, for example click the "+1ike" button, this information will also be directly sent to a Google server and saved there. The information is also published on Google Plus and displayed there to your contacts.
The purpose and scale of the data collection and the further processing and use of the data by Google and also your pertinent rights and settings possibilities to protect your private sphere can be found in the Google data protection information https://developers.google.com/+/web/buttons-policy.
If you do not want Google to associate the information collected about your visit to our website directly to your Google Plus profile, you have to log out from Google Plus before visiting our website. You can also completely block the loading of the Google plug-ins with add-ons for your browser, e.g. with the "NoScript" script blocker http://noscript.net/.
- Data subject rights
You have the right:
- pursuant to Art. 15 GDPR to demand information about your personal data we process. In particular, you can demand information about the purposes of the processing, the category of the personal data, the categories of recipients to whom your data were or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction or revocation of processing, the existence a right to lodge a complaint, the origin of your data, in so far as not collected by us, and also about the existence of automated decisionmaking including profiling and where appropriate meaningful information about to details thereof;
- pursuant to Art. 16 GDPR to demand immediate rectification of inaccurate or completion of your personal data saved with us;
- pursuant to Art. 17 GDPR to demand deletion of your personal data saved with us, in so far as the processing is not required for exercising the right of freedom of expression and information, to comply with a legal obligation, for reasons of public interest or to establish, exercise or defend legal claims;
- pursuant to Art. 18 GDPR to demand restriction of processing of your personal data, in so far as you contest the accuracy of the data, the processing is unlawful but you oppose deletion and we no longer need the data but you do to establish, exercise or defend legal claims or you have objected to processing pursuant to Art. 21 GDPR;
- pursuant to Art. 20 GDPR to receive your personal data you have provided us in a structured, commonly used and machine-readable format or to demand transmission to another controller;
- pursuant to Art. 7 Subs. 3 GDPR to withdraw your consent to us at any time. This means that we may no longer continue processing the data based on that consent for the future and
- pursuant to Art. 77 GDPR to lodge a complaint to a supervisory authority. As a rule, you can contact the supervisory authority for your habitual residence or place of work or our registered offices.
- Right to object
In so far as your personal data are processed on the basis of justified interests pursuant to Art. 6 Subs. 1 Sentence 1 lit. f GDPR, you have the right, pursuant to Art. 21 GDPR, to object to the processing of your personal data, in so far as there are grounds arising from your particular situation or it relates to objection to direct advertising. In the latter case, you have a general right to object which we shall heed without the stating of a particular situation.
If you want to exercise your right to object, simply send an email to Hello@tbo.clothing.
- Data Security
All the data you personally transfer will be sent encrypted with the customary and secure TLS standard (Transport Layer Security). TLS is a secure and proven standard, which is also used for online banking, for example. You can recognise a secure TLS connection inter alia by the "s" appended to the http (i.e. https://..) in the address bar of your browser or by the lock symbol at the bottom of your browser.
We also use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continually monitored and improved to reflect technological developments.
11) Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
- Actuality of and changes to this Data Protection Policy
This Data Protection Policy is the latest version and was last amended as of 16.05.2018.
The further development of our website and offers on it or changes in statutory or public-authority requirements many render it necessary to amend this Data Protection Policy. The latest version of Data Protection Policy can be downloaded and printed out at any time from the website under