PRIVACY POLICY

Last updated: December 2018

Montres NORQAIN SA (hereinafter referred to as “NORQAIN”) respects the privacy of the persons using this website (hereinafter referred to as “users”) and takes protecting personal data very seriously.

This privacy policy provides information about how NORQAIN handles personal data collected while using this website.  Its purpose is also advising the user of his/her rights and explaining how he/she may exercise such rights.

By actively consenting (opt-in) to this privacy policy (by checking the provided box), the user consents to his/her personal data being processed in accordance with this privacy policy.

General information on the NORQAIN website

Most areas of this website may be accessed without providing any personal information. However, accessing some areas, such as e.g. the NORQAINER club, and using certain services, such as e.g. online ordering or subscribing to our newsletter, is possible only by providing the user’s personal data. The user shall provide his/her personal data voluntarily in the fields intended for this, allowing NORQAIN to render the services selected by the user.

Our website is hosted by Infomaniak Network SA in Switzerland.

User data processed by NORQAIN

Data is processed in compliance with applicable data protection law, including but not limited to the Bundesgesetz über den Datenschutz [German Federal Data Protection Act] (hereinafter referred to as “DSG”), the Verordnung zum Bundesgesetz über den Datenschutz [Regulation on the German Federal Data Protection Act] (hereinafter referred to as “VDSG”) and the European Union’s General Data Protection Regulation (hereinafter referred to as “GDPR”) as applicable.

 

If and to the extent that the GDPR is applicable, we shall process personal data in accordance with the following legal bases:

Art. 6(1) point (a) GDPR for the processing of personal data with the consent of the data subject;

Art. 6(1) point (b) GDPR for the required processing of personal data for the performance of a contract to which the data subject is a party as well as in order to take appropriate steps prior to entering into a contract;

Art. 6(1) point (c) GDPR for the required processing of personal data for compliance with a legal obligation of NORQAIN according to any applicable legislation of the EU or according to any applicable legislation of any country in which the GDPR is applicable either in whole or in part;

Art. 6(1) point (d) GDPR for the required processing of personal data in order to protect the vital interests of the data subject or of another natural person;

Art. 6(1) point (f) GDPR for the required processing of personal data for the purposes of the legitimate interests pursued by NORQAIN or by a third party, except where such interests are overridden by the fundamental rights and freedoms as well as by interests of the data subject. Legitimate interests include but are not limited to NORQAIN’s commercial interest in providing this website, information security, asserting its own legal rights and compliance with Swiss law.

 

NORQAIN collects and processes the following data:

  • Data voluntarily provided by the user by completing fields on this website (e.g. when making an order, subscribing to the newsletter or registering for the NORQAINER club).
  • Supporting documents the user may provide to NORQAIN to secure the transactions and for combating fraud if applicable. 
  • Data provided voluntarily to NORQAIN by the user upon request for participation in promotions organised by NORQAIN or as a participant in a survey for research purposes.
  • Information on purchases made by the user via this website and on execution of the user’s orders.
  • Details on the visits to this website, including, among others, traffic data, connection and address data such as e.g. IP address, host name of the computer, browser information and domain data of reference sites, web logs. 

NORQAIN expressly reserves the right to check the accuracy of the personal data provided by the user, including but not limited to contact data (name, postal address, e-mail address, phone), financial information, purchase of products and usage of NORQAIN services.

Purpose of using the user data

NORQAIN will use the collected data for the following purposes:

  • To enable it to fulfil the obligations arising from contractual relationships with the customer (e.g. purchase of a product or repair order) and the services the user wishes to use (e.g. newsletter, NORQAINER club). 
  • To advise users of changes in services or the terms and conditions of NORQAIN.
  • To provide surveys (by NORQAIN itself or third parties in its name) regarding satisfaction with the services and products of NORQAIN and general experience with NORQAIN.
  • To secure transactions within the scope of processing and assessing the order and to prevent fraud and other illegal activities.
  • To prevent abuse or non-compliant use of the services and maintain the security of this website.
  • To ensure operation of the website.
  • To understand how this website is used to design it in line with the user’s needs and in a user-friendly way and improve it in general, and for market research purposes.

Disclosure of user data to third parties

NORQAIN may disclose the user’s personal data to third parties in the following cases:

  • To render services by order and on behalf of the purposes indicated in this privacy policy. Third parties may support NORQAIN in delivering the products, personalising the NORQAIN plate, collecting payments, analysing data, marketing services or customer service, for example.
  • If NORQAIN is legally obliged to disclose the customer’s personal data, for example to prosecute and uncover illegal activities
  • or, if required, to enforce or apply the general terms and conditions or other agreements concluded with the user,
  • or to protect the rights, property or safety of NORQAIN, our customers or third parties.
  • If, as a consequence of a fusion, purchase, merger or liquidation, part of or all of the assets of NORQAIN are acquired by one or several third parties.

In each of the aforementioned cases, NORQAIN may disclose the user’s personal data only to third parties which have pledged to NORQAIN to comply with applicable data protection law.

Other than in the aforementioned cases, NORQAIN shall not disclose personal data to third parties without the user’s consent.

However, NORQAIN may transmit or sell data to marketing partners, advertising media or other third parties for research purposes in an anonymised form not allowing identification (e.g. in the form of studies, reports or statistics).

Storage and security of user data

The user data collected and processed by NORQAIN are transferred to a place of destination in Switzerland (server location) and are stored there.

All data provided to NORQAIN by the user are stored on secure servers. Payment transactions are encrypted using the SSL technology. If the user is provided with a password by NORQAIN (or has selected one) allowing the user to access certain parts of this website (e.g. NORQAINER CLUB), the user is responsible for keeping such password secret.

 

The safety of personal data is important to NORQAIN. While NORQAIN does its best to protect the user’s personal data, NORQAIN may not guarantee the safety of the data transmitted to this website; any transmissions are made at the user’s risk. After NORQAIN has received the user’s data, NORQAIN shall use its best efforts to take all required measures to prevent unauthorised access to the user’s personal data if possible.

 

User rights regarding his/her data

The consent to processing of the user’s personal data may be cancelled at any time in writing.

The user is entitled to be informed about the personal data processed by NORQAIN at any time in writing free of charge (art. 8 DSG). He/she shall include a copy of his/her personal identification card or his/her passport in his/her request for information. .

Likewise, the user is entitled to demand rectification, freezing and erasure of his/her data, restrict processing of his/her personal data, exercise the right to data portability – if and insofar as the GDPR is applicable – and object to processing of his/her personal data within the scope of the legal provisions.

Persons for whom NORQAIN processes personal data have the right to lodge a complaint with a competent data protection supervisory authority. The supervisory authority in charge of data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

 

The user may use the following address to assert his/her rights and if he/she has any other questions:

Postal address: Montres NORQAIN SA, Hauptstrasse 7, CH-2560 Nidau, Switzerland

E-mail address: mydata@norqain.com

Newsletter

On the website, the user may subscribe to the NORQAIN newsletter under “Newsletter subscription”. The user will need to provide his/her e-mail address in the provided field and click on the “reCAPTCHA” before confirming subscription to the newsletter by means of the “Sign UP” button. The user will then receive a confirmation e-mail to the e-mail address provided.

The “reCAPTCHA” function ensures that the person registering is not a robot. This function is provided by Google Inc. For more detailed information, please refer to the following link.

https://www.google.com/recaptcha/

Newsletters may contain graphics and/or web links recording individually if or when an individual newsletter is opened in an e-mail application and which web links were clicked. Such graphics and/or web links record the use of newsletters to ensure their quality and enable improvements of the newsletter. Unsubscribing from the newsletter is possible in any newsletter e-mail.

If the user no longer wishes to receive the NORQAIN newsletter, he/she can click on the “unsubscribe” link contained in all NORQAIN newsletters or send an e-mail to mydata@norqain.com.

Cookies

NORQAIN uses cookies on its websites. They allow a website to recognise the browser after the first visit. Cookies do not identify the individual user but only the browser used by means of a randomly generated number (cookie identification number). Cookies are stored as a text file on the computer upon closing of the browser and are retrieved the next time the web server is accessed. Cookies are passive and cannot contain any viruses, Trojans or other malicious software.

Cookies allow the user to e.g. effectively navigate between various sites, store preferences and improve the user experience in general. Cookies help to better align online advertisements with the user’s possible interests, thereby reducing the display of advertisements that may be of hardly any interest to the user or of no interest at all.

NORQAIN will ask the user for his/her consent to the use of certain cookies so that the user may decide on their use him-/herself. NORQAIN recommends to accept their use. If the user does not accept the use of cookies, he/she may use the website nevertheless but some parts of it may not work in this case or may not work as well.

NORQAIN uses the following cookies:

Mandatory cookies: These cookies are absolutely necessary for navigating this website and using its features, such as accessing the secured login area. Without these cookies, services, such as e.g. shopping carts, cannot be provided.

  • Performance cookies: These “analytical” cookies allow NORQAIN to collect information about how visitors are using this website. This includes but is not limited to counting how many visits the website records, and they collect information about how visitors navigate this website. They record the visit of the user on this website, the pages visited by the user and the links he/she has clicked. However, these cookies do not collect any information on the user’s identity. All information is anonymous. The performance cookies only help NORQAIN to improve this website’s functionality.

NORQAIN uses Google Analytics, a service of Google, Inc. (“Google”), to analyse the use of this website. The information about the use of this website generated by Google Analytics (including the user’s IP address) is transmitted to Google and is stored on servers of Google in the US. Before the transmission, the data are anonymised by removing the last eight digits of the user’s IP address. Subsequently, the data are processed by Google on order of NORQAIN to evaluate the use of this website by the user, prepare reports about website activities and to be able to offer other services associated with the internet use. This information may also be provided to third parties if legally required or if third parties process this data on behalf of Google. Google will not link the user’s IP address to other data stored by Google. The user may reject the use of cookies for the aforementioned purposes by making the appropriate settings in his/her browser (the required add-on may be downloaded from http://tools.google.com/dlpage/gaoptout?ht=de). However, NORQAIN notes that the user may no be able to use all features of this website in this case. More information on how Google uses the user data can be found at http://www.google.com/analytics/learn/privacy.html.

  • Functionality cookies: These cookies store the user’s selected input (e.g. user name, language, font size, previous input, etc.) to improve the user experience with the website.
  • Targeting-/advertising cookies: These cookies use anonymous information about the user’s browsing behaviour or the browsing behaviour documented by the browser and thus allow NORQAIN to better align its advertisement with the user’s anticipated interests. These cookies are placed by NORQAIN.

Most cookies used by NORQAIN are temporary session cookies which are automatically erased from the computer or mobile end device at the end of the browser session. However, NORQAIN also uses permanent cookies in addition. They continue to be stored on the computer or mobile end device after the end of the browser session. Depending on the type of cookie, these permanent cookies remain stored on the computer or mobile end device for a period from one month to ten years and are deactivated automatically only upon expiration of such programmed period.

Log files

When visiting the NORQAIN website, certain information is automatically sent to the NORQAIN log file server by the user’s browser; the information is then stored on this server. This information refers to the activities of the user on this website and include the time and date of the visit to the website, the accessed pages, the customer’s IP address, URL address of the website from which the customer has come to this website, how much information was stored and which browser the customer has used.

NORQAIN will use this information if it has encountered difficulties in filling an order.

Elements of and links to other website

On this website, elements of other websites (e.g. social media such as Instagram, Facebook, Twitter, Google+ and YouTube) can be used (hereinafter referred to as “third-party providers”). If the user clicks on an element provided by a third-party provider (e.g. the “share” plug-in provided by Facebook), a connection to the servers of such third-party provider may be established. This may involve data about the user’s visit to the NORQAIN website being transmitted to the third-party provider. Under certain circumstances, these data may be linked to the user’s account with the third-party service provider (e.g. Instagram or Facebook account). In addition, the third-party provider may transmit personal data (last name, first name and e-mail address) of the user’s account to NORQAIN if he/she has consented to this function for the third-party provider. Information on collection and use of data by third-party providers can be found in the respective third-party provider’s privacy policy.

Some activities on this website may be associated with third-party provider platforms offering to the user the option to share his/her personal data with such third-party providers. The links to platforms of third-party providers placed on this website are provided as an amenity for the users. If the user clicks on a third-party provider symbol, a direct connection between the user’s browser and the respective third-party provider’s server is established. This enables the third-party provider’s operating company to register that the user is visiting this website with his/her IP address and has accessed the link to the third-party provider’s platform. NORQAIN is controlling neither such third-party platforms nor their privacy policies which may deviate from the present one. External links on the NORQAIN website do not represent any consent or guarantee with regard to third-party platforms; therefore, NOQRAIN recommends to the user to review the privacy policy of the respective third-party companies before providing his/her personal data. The personal data the user provides to third parties are subject to their privacy policies and not the NORQAIN privacy policy. Furthermore, third-party companies may share personal data with NORQAIN; such data exchange is provided for in the privacy policy of the respective third-party company.

FURTHER DATA PROCESSING

For the uniform representation of fonts, this website uses “web fonts”, which are provided by Adobe. When accessing a website, the user’s browser will load the necessary web fonts into the browser cache in order to display texts and fonts correctly.

For this purpose, the browser the user uses must establish a connection to the Adobe servers. This causes Adobe to become aware that the NORQAIN website had been accessed via the user’s IP address. Adobe web fonts are used to ensure a uniform and appealing presentation of the NORQAIN website.

For more information on Adobe Web Fonts, please refer to https://www.adobe.com/legal/terms.html and the Adobe privacy policy: https://www.adobe.com/privacy/policies/adobe-fonts.html.

AMENDMENTS

NORQAIN reserves the right to amend this privacy policy at any time and at its sole discretion. The new, updated version of this privacy policy takes effect upon its publication on the website. By continuing the website, the user gives his/her binding consent to the respective updates and amendments.

However, without the user’s consent, NORQAIN will not use user data already stored for other purposes than those originally indicated or for purposes inconsistent with the original purposes.

Applicable law and jurisdiction

This privacy policy is subject to Swiss law exclusively, excluding any international private law.

The court at NORQAIN’s domicile has exclusive jurisdiction for possible disputes arising directly or indirectly from this privacy policy. Mandatory places of jurisdiction are reserved.

However, NORQAIN is entitled to also file a suit against a user at his/her residence or domicile.

CONTACT DETAILS

For questions or comments on this privacy policy, the user may contact NORQAIN using the address or e-mail address provided in the following:

E-Mai: mydata@norqain.com
Address: Montres NORQAIN SA, Hauptstrasse 7, CH-2560 Nidau, Switzerland