Privacy & Cookies Policy
PREAMBLE
Thank you for visiting and using our website (watchmakersunited.com, hereinafter: the "Website") as well as our social media pages on Facebook, YouTube, Instagram, LinkedIn, and X (hereinafter: the "Social Media Pages"), owned and operated by Luxogood SA (hereinafter: "Luxogood"), located at Rue Neuve, 2300 La Chaux-de-Fonds, Switzerland.
Luxogood respects your right to privacy both online and offline, when you use our Website and when you visit our store. This Privacy and Cookies Policy (hereinafter: "Policy") explains how and for what purposes information relating to an identified or identifiable person (hereinafter: "Personal Data") is collected, used and protected, and establishes the policies and procedures relating to the collection and processing of Personal Data that you may provide to us when you visit our Sites, our Social Media Pages, our stores or when you participate in offline programs or events (hereinafter: "Offline Services").
This Policy is an integral part of our General Conditions of Sale, as well as our Conditions of Use relating to the use of the Sites.
1. Scope of the Privacy and Cookies Policy and Modifications
1. By using our Website and/or Social Media Pages or by providing us with your Personal Data in connection with our Offline Services, you agree to the practices described in this Policy. If you do not agree with our use of your Personal Data as described in this Policy, please refrain from using or visiting our Website, Social Media Pages, or using our Offline Services that require the processing of your Personal Data.
2. Luxogood reserves the right to make changes to this Policy at any time by posting a new version of this Policy on the Website, without prior notice. You will be notified of any changes to the Policy on the respective homepage of the Sites. If you do not agree to the new terms of the Policy, please do not use our Sites, Social Media Pages, or Offline Services.
3. We will always process your Personal Data in accordance with the Policy in effect at the time of collection.
4. The new version of the Policy will come into effect on the date of its publication, which will be indicated at the top of the page as the new effective date.
2. The Personal Data We Collect About You
1. The Personal Data we collect through our Sites, Social Media Pages and Offline Services can be divided into two categories: (i) cookies and (ii) Personal Data you provide to us.
A. Cookies
(I) What are cookies and what information do they collect?
2. Cookies are files containing small amounts of data that are sent from a website to your browser and stored on your mobile device or computer. Other tracking technologies, such as beacons, tags, and scripts (hereinafter: "Similar Technologies"), may also be used to collect and track information and to improve and analyze our Sites.
3. Through the use of cookies and similar technologies, we may collect Personal Data when you interact with our Sites, Social Media Pages, or when you open emails we send you. In particular, we may identify certain usage data when you navigate or click on content.
4. The following information and Personal Data are collected through the use of cookies and Similar Technologies:
◦ your device ID;
◦ the IP address of the device that can connect to the Internet and request the connection;
◦ location, if enabled on the device;
◦ the resources you have accessed on the Sites;
◦ the user's language when ordering;
◦ the browser you use and, if applicable, the operating system of your device connected to the Internet, as well as the name of your service provider.
5. In order to control or limit the collection of this information, you can:
◦ configure your browser to refuse all cookies or to indicate when a cookie is being sent, if this option is available;
◦ delete cookies and clear your browsing data directly from your browser settings.
6. Please note that if you do not accept certain cookies or Similar Technologies, you may not have access to certain features of our Sites.
7. The only cookie present on the Site is the session cookie which is essential for the proper functioning. We do not use advertising cookies.
(II) For what purpose do we collect information using cookies and other Similar Technologies?
8. We use the cookies and Similar Technologies that we collect for the purpose of:
◦ allow access to our Website;
◦ make certain features of our Sites accessible and provide you with additional functionality;
◦ improve our Sites and Social Media Pages;
◦ store information about your preferences, allowing us to customize our Sites according to your personal preferences;
◦ ensure the security of our Sites;
◦ collect statistical information about the use of our Sites, Social Media Pages, as well as the opening of our promotional emails and newsletters.
(III) Legal basis for processing
9. With respect to cookies and Similar Technologies used for the operation, maintenance and security of our Sites, the legal basis on which we rely to process your Personal Data is our overriding private interest.
10. In addition, cookies and Similar Technologies that would exceed the purposes justified by our predominant private interests (for example, analytical and targeting cookies used for marketing purposes) are implemented with your consent, collected via our cookie banner.
B. Personal data provided by you
(I) What personal data do you provide to us?
11. We collect Personal Data from you when, on our Website, you (i) create an account, (ii) subscribe to a newsletter, (iii) contact us by email and (iv) when you purchase items on our Website.
12. With respect to our Offline Services, we collect Personal Data from you when you visit our store and make purchases in-store. We also collect Personal Data from you when you register to participate in our Offline Services.
13. The Personal Data collected includes:
◦ Personal contact information such as name, email, phone number, address, company, photo and demographic information including date of birth, age, gender or location;
◦ Information about your watch, such as serial number, date and place of purchase;
◦ Account login information or membership details, such as name and address;
◦ Payment information, such as credit card and bank information;
◦ Your comments and user-generated content, including any photos, videos and personal stories you share with us;
◦ Video images when you visit our store.
14. Please note that when you purchase a product through our website using a credit card, you will be automatically redirected to the payment service providers' website, whose terms and conditions and privacy policy are the only ones applicable to such credit card payments. No information regarding your credit card will therefore be requested or recorded on our Sites.
(II) For what purpose do we collect Personal Data?
15. We collect and use your Personal Data for the following purposes:
◦ Allow you to create and access your customer account;
◦ To fulfill your orders and purchases, including after-sales services and any required upgrades to your watch;
◦ Respond to your requests or use them for competitions in which you have participated;
◦ Contact you for marketing purposes, including sending you information about new accessories;
◦ Send you newsletters;
◦ For the maintenance and upkeep of our Sites; for reporting; and for risk, dispute and record management;
◦ For the security of our store and our employees via video surveillance camera monitoring.
(III) Legal basis for processing
16. The legal basis on which we rely to process Personal Data for marketing purposes, sending you newsletters, allowing you to create and access your customer account and/or membership to the Tribe, is your consent. The legal basis on which we rely regarding the processing of your Personal Data for the purposes of fulfilling your orders and purchases, including after-sales services or required upgrades to your watch, as well as participation in a competition, is the performance of a contract. In addition, the legal basis on which we rely regarding the processing of your Personal Data to respond to your requests, for the security of our Sites and stores, for the management of disputes and registrations, is our overriding private interest.
3. Where we store your Personal Data and cross-border transfers of your Personal Data
1. We take data protection issues seriously and have chosen to store your Personal Data on servers provided by Nodl in France and MongoDB Atlas in the United States.
2. We use the services of certain third parties, some of which operate outside Switzerland or the European Economic Area, in particular in the United States of America. We therefore transfer your data to the databases of one of these third parties, including to countries that may not provide an adequate level of protection for your Personal Data compared to that provided in Switzerland or the European Economic Area. In such cases, and unless otherwise provided in this Policy, we undertake to enter into agreements with such third parties to ensure an adequate level of protection for your Personal Data. By providing us with your Personal Data, you acknowledge that we may transfer, store and process your Personal Data outside Switzerland or the European Economic Area – in particular in the United States of America and Canada – and acknowledge that the governments of certain countries, such as the United States of America, have broad powers to access data for security, crime prevention and detection, and law enforcement purposes.
4. Access to your Personal Data by third parties
A. In general
1. We do not sell your Personal Data to third parties. We do not share or make your Personal Data available to third parties, except as otherwise provided in this Policy.
2. Please note that we do not actively seek your Personal Data from other third-party sources, nor do we actively cross-reference your Personal Data with information from other third-party sources.
3. With your consent, through the use of cookies, the Sites may use third parties such as network advertisers and ad exchanges to serve ads to you on third-party websites after you leave our Sites, and we may use third-party analytics service providers and other similar service providers to evaluate and provide us and/or third parties with statistical information about the use of the Sites. However, such statistical information is anonymized.
B. Social Media and Third Party Websites
4. Where we provide links to third-party websites, this Policy does not cover how those third parties process your Personal Data. We therefore encourage you to read the privacy policies of the other websites you visit.
5. Our Websites and Social Media Pages contain links that direct you to social networks such as Facebook, YouTube, Instagram, LinkedIn and X, in order to connect you with the content displayed on these social media platforms. When you access social media or another website via our Website or Social Media Pages, responsibility for compliance with data protection laws must be ensured by the providers of the respective social media platforms.
6. When you establish a connection with a social media platform or other website, your browser connects directly to the server of the relevant service provider. Through this connection, the social media platform or website receives the information that your browser has accessed the relevant page of our website or Social Media Pages, even if you do not have an account with such a social media platform or are not logged into the relevant social media account. This information (including your IP address) is transmitted directly from your browser to the server of the service provider and stored there. If you are logged into your account with the relevant social media platform, that platform can immediately associate your visit to our website(s) or social media page(s) with your account. If you interact with our website or Social Media Pages, for example by clicking the "Like" or "Share" icon, this information will also be transmitted directly to the social media service provider's server and stored there.
7. Please refer to the privacy policy of the relevant social media platform or website for information regarding the purpose and scope of the collection of Personal Data by the relevant service provider, the further processing and use of such Personal Data by the relevant service provider, as well as the associated rights and settings enabling the protection of your Personal Data.
C. Subcontractors and Affiliates
8. We may disclose your Personal Data made available to us through our website, Social Media Pages, and Offline Services to certain independent contractors and affiliates, including our store. These contractors and affiliates assist us in the operation of our website, Social Media Pages, and Offline Services, as well as with data management and marketing activities. These contractors and affiliates are required to sign contracts in which they undertake to protect Personal Data using procedures similar to ours, unless otherwise provided in this Policy.
9. The reason for sharing your Personal Data with such third parties is to support our business and to constantly improve our Sites, Social Media Pages and Offline Services offered to our customers. The legal basis we rely on to process your Personal Data in this way is our overriding private interest.
D. Third Party Service Providers
10. As mentioned in Section 3.2 above, we may disclose your Personal Data to our third-party service providers. In particular, we share your Personal Data with the following third-party service providers:
◦ In order to provide you with e-commerce facilities, we share your personal data with the following service providers:
- Bebop service provider, based in Switzerland;
- UK-based financial services provider Sumup;
- US-based email service provider Mailchimp;
- Odoo customer relationship management (CRM) provider, based in Belgium;
- US-based Coinbase exchange rate provider
- Bitcoin and Lightning Network blockchain information provider through a dedicated node connection via a local instance of BitcoinCore
- Provider for Plausible base traffic statistics in Germany
- Messaging platforms provider WhatsApp, owned by Meta Platforms, Inc, based in the United States
beBOP is an application provided and published by B2Bitcoin, a cooperative company (commercial register number: CH-645.4.124.844-9; Ch. du Petit-Catechisme 17, 2000 Neuchâtel; CHE-412.225.447
beBOP is a free application under the AGPL v3 license, whose open source release is planned for 2024.
beBOP is an innovative application, which the user expressly acknowledges and accepts.
• B2Bitcoin undertakes to have informed itself of the legal framework when designing beBOP
• B2Bitcoin undertakes to have respected the legal framework during the development of beBOP
• B2Bitcoin undertakes to have developed beBOP in such a way that the software complies with the laws in force
• B2Bitcoin remains open to discussion and feedback in case of doubt about the compliance with the law of the beBOP solution
• B2Bitcoin, in the event of a proven breach of the law, undertakes to devote an effort to providing a software response to the innovative beBOP solution
11. The legal basis we rely on to process your Personal Data in this way is our overriding private interest.
Change of control or sale
12. We may also share your Personal Data, subject to a confidentiality agreement, in connection with a sale, merger, change of control, or in preparation for any of these events. Your Personal Data may be transferred to a successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other disposition of all or part of our assets, whether as part of a growing business or as part of bankruptcy, liquidation, or similar proceedings, in which Personal Data held by us is among the assets transferred.
6. Legal Disclosures
13. We may also use your Personal Data (including your communications) if we believe it is necessary for security purposes, to investigate possible fraud or other violations of this Privacy Policy and/or attempts to harm other users of our website, Social Media Pages and/or Offline Services. Thus, we may use your Personal Data to investigate, respond to and resolve complaints and issues related to our Sites, Social Media Pages and/or Offline Services.
14. We may need to disclose your Personal Data when required to do so by law or if we have good reason to believe that disclosure is necessary to (i) investigate, prevent, or take action regarding actual or suspected illegal activities or to assist government enforcement agencies; (ii) enforce our contract(s) with you; (iii) investigate and defend against any third-party claims or allegations; (iv) protect the security or integrity of our website or Social Media Pages; (v) exercise or protect the rights and safety of our customers, users of our website, Social Media Pages and Offline Services, staff, and others.
15. We endeavor to notify you of legal requests for your Personal Data when appropriate in our judgment and technically feasible, unless prohibited by law or court order, or in emergencies. We may challenge such requests when we believe, in our discretion, that the requests are overly broad, vague, or lack appropriate authority. However, we do not promise to challenge every request.
16. The purpose and legal basis for sharing your Personal Data with the aforementioned authorities is to comply with the legal obligations to which we are subject.
5. Management of your Personal Data
A. Your Rights
1. To the extent possible, you can exercise your rights described below by sending us an email to contact@luxogood.com. Please note that we may ask you to prove your identity before responding to requests based on the rights below, or related to your Personal Data.
2. Right to access and update your Personal Data: Whenever we process your Personal Data, we take reasonable steps to ensure that your Personal Data is accurate and up-to-date for the purposes for which it was collected.
3. Right to deletion of your Personal Data: You may request the deletion of your Personal Data at any time, subject to the retention obligations imposed on us. We may retain depersonalized (anonymous) information after deletion of your Personal Data.
4. Right of rectification: you have the right to obtain the rectification of your Personal Data if it is inaccurate or incomplete.
5. Right to object to processing: within the limits of the law, you have the right to object to our processing of your Personal Data.
6. Right to restriction: you have the right to request restriction of the processing of your Personal Data.
7. Right to data portability: You have the right to receive a copy of the Personal Data we have about you in a structured, machine-readable and commonly used format.
8. Right to withdraw your consent: You have the right to withdraw your consent at any time where we have relied on your consent to process your Personal Data. Please note that such withdrawal will not affect the lawfulness of processing based on your consent before its withdrawal. Such withdrawal may also prevent you from using certain features of the Site, our Social Media Pages, or our Offline Services. With respect to marketing communications, you may opt out at any time by following the opt-out options provided, or by contacting us at contact@luxogood.com.
9. Right to lodge a complaint with a supervisory authority: You have the right to lodge a complaint with a data protection supervisory authority regarding our collection and use of your Personal Data.
B. Protection of your Personal Data and data breaches
10. We take all reasonable technical and organizational measures to protect the personal data we hold against loss, unauthorized access or disclosure, as well as against any other type of misuse.
11. The security of your Personal Data is important to us, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. Although we strive to use commercially acceptable technical and organizational means to protect your Personal Data against manipulation, partial or total loss, and unauthorized access by a third party, we cannot guarantee its absolute security.
12. In the event of a data breach, or if we suspect a data breach, we will (i) use our best efforts to notify you promptly, if technically feasible, and (ii) cooperate with you to investigate and resolve the data breach, including, without limitation, providing you with reasonable assistance in notifying affected third parties. We will provide you with prompt access to records relating to a data breach that you may reasonably request; however, such records will be treated as confidential information and we will not be required to provide you with records belonging to other customers or users, or compromising the security of other customers or users.
13. In the event of a data breach, or if we suspect a data breach, we will further notify the relevant authorities in accordance with applicable laws.
C. Retention of your Personal Data
14. We retain the Personal Data you provide to us to the extent necessary to: (i) provide you with access to and use of our website (and its features, for example, to receive newsletters), our Social Media Pages and our Offline Services, (ii) comply with our internal policies, (iii) comply with our legal obligations, and (iv) resolve a dispute or enforce agreements we have entered into.
15. The retention period of cookies and Similar Technologies depends on their purpose and is always the same, regardless of the owner of the Personal Data concerned.
16. When the Personal Data we collect is no longer required for the given purposes, or in accordance with legal requirements, we will destroy or delete it securely. However, we reserve the right to retain the data in a depersonalized (i.e. anonymized) form after deletion of your Personal Data.
6. How to contact us
1. If you have any questions or complaints regarding this Policy, please contact us by telephone at +41 22 700 08 94, by email at contact@luxogood.com or by post to Luxogood SA, Rue Neuve, 2300 La Chaux de Fonds, Switzerland.
