1. Data protection declaration
André Clémençon Contemporary Watches AG (hereinafter: “we” and “us”), as operator of the website www.andreclemencon.com, is responsible for the personal data of the users (hereinafter “you”) of the website as defined by data protection legislation and under certain circumstances, the European General Data Protection Regulation (“GDPR”).
We are aware of the importance of privacy in respect of personal and financial information. We therefore collect, process and use your personal data only in accordance with the content of this data protection declaration and with the applicable data protection legislation, in particular the GDPR.
In this data protection declaration, we hereby inform you which of your personal data we collect, process and use when you use our website or in emails, texts and other electronic messages between you and us.
Please read the following statements carefully. We reserve the right to amend the data protection declaration from time to time. Therefore, please check it regularly.
Our website is not intended for persons under the age of 16. Persons under the age of 16 are not authorised to provide personal data to or on our website. We would point out that we will not consciously collect any data from persons under the age of 16. If you are younger than 16, please do not register on our website, make any purchases via our website, use the interactive or public comment functions of this website or share with us any information about yourself, including your name, address, telephone number, email address or a user name. If we become aware that we have collected or received personal data from a person under the age of 16 without verification of parental consent, this data will be deleted. If you suspect that we may have data from or about a person under the age of 16, please contact us at the email address or postal address provided in the “CONTACT US” section.
1.1. TYPES OF DATA WHICH WE COLLECT AND USE
We collect certain individually identifiable data that you actively submit through the website and through cookies, flash cookies, web beacons and other tracking technologies.
This information may include personal data. Personal data in the meaning of this data protection declaration is any information relating to an identified or identifiable natural person. Such personal data may include your full name, title, birthday, email address(es), billing address(es), delivery address(es), telephone number(s), password for the access to your account, credit card information, shopping patterns, and product interests. We use personal data primarily for the purpose for which you originally provided it (i.e. to sell and deliver Products, to provide the requested newsletter, or the like), and for purposes of improving our Products and services, market research, personalised marketing and compiling customer profiles.
1.2. PROVISION OF THE WEBSITE
Personal data also includes information about your use of our website. In this context we may collect the following data from you:
- your IP address
- date and time of your enquiry
- time difference from Greenwich Mean Time
- content of your enquiry
- status of your enquiry/HTTP status code
- scope of the transferred data
- website from which your enquiry was redirected
- browser, operating system and user interface, language and version of your browser
- location from which you retrieve data from the website
- other communication data and sources obtained by you.
This data will be collected through log files and cookies. Please see below for further information regarding cookies.
We use this data to pursue the following legitimate interests:
- to display our website on your computer
- to ensure functionality of the website
- to optimise our website
- to ensure the security of our IT systems.
The data will be deleted as soon as it is no longer required for the fulfilment of the purpose for which the data was originally collected.
1.3. E-COMMERCE PLATFORM
You can place orders and purchase Products via the website. To enter into a contract with you and to fulfil this contract, we collect the following data from you:
- delivery address
- billing address
- email address
- payment details
- further voluntary details, if applicable.
This information is required to process your order and to fulfil the contract with you.
We may also use such data in order to carry out fraud checks in order to pursue our legitimate interests to protect you and ourselves from unauthorised usage of your personal information.
Depending on which payment method you chose, we pass your payment details on to a payment service provider engaged by us to handle your payments or to the payment service of your choice.
We will store your order details for as long as we are obliged to do so according to statutory retention periods. The details retained from the order data are your name, your address, and payment and order data.
1.4. CONTACT FORM
The Site also offers a contact form, which allows you to make enquiries, give recommendations and make suggestions to us. When you use the contact form, the details you entered into the form, your IP address and the time and date of your enquiry will be transmitted to us.
We will use your email address to contact you to process your enquiry. Any personal data you provide us with will be used either to address you personally or to facilitate processing of your enquiry. Such information will only be used to process your enquiry. We will not use such information for other purposes.
We will use your email address to transmit direct marketing communications to you by email, but only if you have registered on our website to receive our newsletter.
Besides your email address, we also collect the following information from you:
- IP address
- registration time and date.
We store and use your email address in order to send you newsletters on a regular basis. Your email address will not be disclosed to any third party.
The collection of the remaining information is intended to prevent abuse of our services and the email address which has been entered.
You can opt-out of receiving such communications at any time by following the unsubscribe instructions within the newsletter, via email to email@example.com or by using the contact form in the “CONTACT US” section.
Your personal data will be stored until you unsubscribe to the newsletter or you withdraw your consent.
The legal basis for this processing is Article 6(1)(a) GDPR.
Our newsletter also contains a web-beacon or tracking pixel, which takes the form of a one-pixel image stored on our website. We use this technology to analyse your usage behaviour. This data will be collected and analysed in an anonymised manner and will not be linked with your personal data.
You are entitled to object to tracking at any time by clicking the link which is provided in every newsletter email or by informing us of your objection via email or letter.
The relevant information will be deleted once you have unsubscribed from the newsletter.
Processing is pursuant to Article 6(1)(f) GDPR.
1.6. DATA DISCLOSURE AND SHARING
We work with selected third parties that provide services on our behalf to maintain our website, enable communication with our Customers and provide other services. The personal data that we obtain through our website may be accessed by these third parties, solely on ACCW’s behalf. We do not authorise these service providers to make any other use of your personal data. The following services are provided for us by service providers:
- website hosting
- external customer services
- market research
- order handling
- shipping orders
- organisation of email marketing
- analysis of use of our homepage.
We may also disclose personal data to financial institutions or other third parties in connection with performing payment transactions. We do not otherwise disclose your personal data to third parties, unless required by law. Such a legal requirement may arise in connection with a legal claim or legal proceedings, or if it is otherwise necessary to protect our rights or legitimate interests or to protect the rights and legitimate interests of third parties.
1.7. ACCESS TO DATA PROTECTION DECLARATION & AMENDMENTS
We reserve the right to make changes to our data protection declaration from time to time. We will post the updated declaration on our website. We therefore recommend that you review this website from time to time, in particular each time you use it.
If you are registered with us and would like to delete your registration and personal details from our database, please click on the deregistration link. Please keep your personal data accurate, current and complete by regularly updating your personal account or by contacting us as specified below.
1.8. DATA SECURITY
We have implemented measures designed to protect your personal information from accidental loss and from unauthorised access, use, alteration and disclosure.
However, the security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We also urge you to be careful about giving out information in public areas of our website. Information you share in public areas can be viewed by any user of the website.
Unfortunately, the transfer of information via the internet is not completely secure. Although we do our best to protect your data, we cannot guarantee the security of your personal data transferred to our website. Any transfer of personal data is therefore at your own risk. We are not responsible for the circumvention of any privacy settings or security measures on the website.
We reserve the right to use other technologies such as internet tags, web beacons, and browsing data collection tools. These are used primarily to administer, protect and improve our website and our systems, better understand the preferences of visitors to our website, identify server problems, compile statistics about website usage, to advertise on other websites across the internet and to personalise offers. We may combine data gathered through cookies and other tracking technologies with personal data.
1.10. GOOGLE ANALYTICS
The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.
We collect this data to protect our legitimate interests, to analyse and improve website usage and to make the website more interesting for you.
The data sent by us and linked to cookies, user identifiers (e.g. user IDs) or advertising identifiers are automatically deleted once the data is no longer required for analysis purposes. Data which has reached the end of its retention period is automatically deleted once per month.
You may prevent the installation of cookies by selecting the appropriate settings on your browser, however, as mentioned above please note that if you do this you may not be able to use the full functionality of the website. You can also prevent Google from collecting and processing the data generated by a cookie and relating to your use of the website (including your IP address) by downloading and installing the browser add-on at the following link: https://tools.google.com/dlpage/gaoptout?hl=en
1.11. SHARE BUTTONS
We use the social media plugins of the social networks Facebook, Twitter and Pinterest on the website.
The Facebook plugin is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”), the Twitter plugin by Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”) and the Pinterest plugin by Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland (“Pinterest”).
The operator of the plugin receives the information that you have visited the Site where the plugin is installed and the information included in the logfiles as described above, regardless of whether you are registered with the relevant operator. By activating the plugin, personal data will be transmitted to the operator of the relevant plugin and stored on servers located on the USA.
We have neither influence on which data will be transmitted to the operator of the relevant plugin, nor are we able to identify to what extent the operator collects personal data or for what purpose this data will be used and how long it will be stored.
The operator of the relevant plugin uses such data in order to compile user profiles, which are used for advertising, market research and/or for optimising their website. Personal data is used in this way in particular to present you with advertising which matches your interests and to inform other users about your activities on the website. You are entitled to object to such profiling. In order to exercise this right, you must direct a request to the operator of the relevant plugin.
You consent to the transfer of personal data to the operator of the relevant plugin by clicking on and activating the relevant plugin. The legal basis for processing personal data is Article 6(1)(a) GDPR.
If you are registered with the operator of the relevant plugin and are logged into your personal account, the operator of the relevant plugin will be able to connect your visit to the website with your personal account. If you interact with the relevant plugins, this information will also be saved in your personal account and made available to your contacts.
For further information regarding the use of your personal data, please check the data protection declaration by the operator of the relevant plugin.
The relevant Facebook policies including their data protection policy are accessible from http://www.facebook.com/policy. Facebook is certified under the EU-U.S. Privacy Shield Framework: https://www.privacyshield.gov/EU-US-Framework
The Twitter data protection policy is accessible from the following link: https://twitter.com/privacy; Twitter is certified under the EU-U.S. Privacy Shield Framework: https://www.privacyshield.gov/EU-US-Framework
The Pinterest social plugin produces a link between your visit to our website and the social media platform Pinterest. The social plugin informs the third-party supplier that you have visited our website and may prompt the third-party supplier to receive cookies which it has previously saved on your computer. For further information please see: https://help.pinterest.com/en/articles/all-about-pinterest-browser-button#Web
Content from the social network Instagram, operated by Instagram, Inc., 1601 Willow Road, Menlo Park, CA, 94025 USA (“Instagram”) is embedded in our website. If you are logged into your personal Instagram account and you click on the embedded content, you can link the content to your personal Instagram account. This allows Instagram to associate your visit to the website with your personal Instagram account. As the operator of the website, we do not know which data is transmitted to Instagram when you click on the embedded content, but as far as we are aware, data is only transferred to Instagram if you click on the embedded content.
For further information regarding data protection at Instagram please see: http://instagram.com/about/legal/privacy/
We have embedded videos into the website which are hosted on www.youtube.com and which can be played directly on the website. YouTube is a service operated by YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA (“YouTube”). All videos are embedded in privacy-enhanced mode. This means that personal data is only transferred to YouTube when you play a video.
YouTube may save your personal data as a user profile and use such information for marketing, research and/or optimising its website. This information is used in particular to provide personalised adverts, regardless of whether or not you are registered with YouTube. You are entitled to object to such profiling. To exercise this right, you must direct a request to YouTube.
Further information on the collection and use of personal data by YouTube and your related rights may be found in YouTube’s data protection declaration: www.youtube.com/privacy
If you are logged into Google, your data will be directly associated with your account. If you do not want your YouTube viewing to be associated with your profile, you must log out before pressing play.
We use videos hosted by YouTube to pursue our legitimate interests and to offer you appealing and optimised content. The basis for processing is Article 6(1)(f) GDPR.
1.14. GOOGLE MAPS
To make geographical information visible, we use the Google Maps API. Use of Google Maps enables Google to process information about your use of the maps and functionalities provided by Google. Further information regarding processing personal data at Google may be found in the Google data protection policy: http://www.google.com/policies/privacy
1.15. DATA PROTECTION
We take all possible precautions to protect the personal information collected on our website. We [and third parties commissioned by us] save information on servers within Switzerland and the EU. We occasionally commission other companies to provide services on our behalf, including packaging, dispatch and delivery of goods purchased from us, sending of mail items and processing of event registrations. Companies commissioned by us to provide services will only be provided with the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
If we request general demographic information, this information is limited to reporting purposes only; users remain anonymous. Phone numbers, email addresses and postal addresses are never shared with third parties for demographic reports.
1.16. HOW TO UPDATE YOUR PERSONAL DATA
You can help us maintain the accuracy of your personal information by updating the information under “My Account”, where you can change your name, billing & shipping addresses, title, birthday, phone number and email address, view your order history and change or add to your content preferences. If at any time you wish to update your information or settings, or you would prefer not to receive communications from us, you can update your settings in “My Account”. For technical questions and troubleshooting your personal information, please contact our Customer Services on firstname.lastname@example.org at any time.
1.17. HOW LONG IS YOUR PERSONAL DATA KEPT?
We are not permitted to keep your personal data for any longer than is necessary for us to fulfil the purposes for which your personal data was collected unless the applicable legislation expressly requires us to keep your personal data for longer.
Our website may contain hyperlinks to and from third-party websites. If you click on a hyperlink to one of these websites, please note that we cannot be held liable or responsible for external content or data protection policies. Please be sure to read the relevant data protection policies before you transfer any personal data to these websites.
1.18. YOUR RIGHTS
You can view your personal data at any time without charge and request information about the origin of this data, recipients or categories of recipients with whom this data has been shared and the purpose of storage and, if applicable, request that it be corrected and/or deleted and/or its processing restricted.
You also have the right to object to the processing of your data at any time, provided the processing is to protect our legitimate interests. In this case, your data will only be processed if we can demonstrate compelling legitimate grounds which override your interest regarding the exemption of your data from the processing or the processing is carried out to assert, exercise or defend our claims.
If the processing of your data is based on your consent, you have the right to withdraw your consent at any time. In this case, we will cease processing your data, unless we are entitled to continue doing so by law. Your withdrawal will not affect the lawfulness of the processing of your data carried our prior to said withdrawal.
If you have provided us with personal data, we will, upon request, provide you with this data in a machine readable form for use with other service providers.
To exercise your rights or if you have any questions, comments or suggestions regarding our collection, processing and use of your personal data, please contact us at email@example.com or by post at André Clémençon Contemporary Watches AG, Reitschulstrasse 5, CH-2502 Biel/Bienne, Switzerland.
If you believe that the processing of your data infringes data protection laws, you have the right to lodge a complaint with a supervisory authority.