1. Introduction
1.1. This document is the privacy notice ("Notice") of Elka Watch Co Sàrl, Rue du Musée 4 - 2000 Neuchatel, Switzerland ("ELKA Watch Co", "we", "us", "our"). Elka Watch Co. is the data controller for the purposes of this Notice.
1.2. This Notice, together with our Terms of Use , sets out the basis on which we will process any personal data obtained in the course of your use of and interaction with this website or any other online presence administered by us, including our social media presences and applications, (collectively, "Website"). For more information on our use of cookies, pixels and social plug-ins, please see our Notice on Cookies, Pixels and Social Plug-ins.
1.3. We will post any changes we make to our Notice on this Website or communicate them to you by email.
1.4. The current Notice is dated 22.07.2022.
2. Information we may collect from you
2.1. We collect personal data that you provide to us, for example, by completing a contact form, creating an account, using interactive features, subscribing to a service, participating in a sales promotion, ordering a product or service, requesting information and/or materials or responding to surveys. This personal data may consist of :
2.1.1. contact information (such as name, postal address, email address and mobile or other telephone number);
2.1.2. purchase and transaction information;
2.1.3. payment information (such as your payment card number, expiry date, authorisation number or security code, delivery address and billing address);
2.1.4. customer service information (such as customer service enquiries, comments and repair history);
2.1.5. user name and password;
2.1.6. information about your personal or professional interests, date of birth, marital status, demographic data, experiences with our products and contact preferences;
2.1.7. photographs, comments and other content that you provide;
2.1.8. information you provide about your friends or other people you want us to contact; and
2.1.9. information we may obtain from our third-party service providers.
2.2 We collect metadata, for example details of your visits to the Website, such as traffic data, location data, IP address, browser information, session data, preferences, settings, weblogs and other communication data, which we monitor during your interaction with the Website.
3. On what basis do we process your personal data?
3.1 We process your personal data for the purposes stated or evident at the time of collection and
3.1.1. to which you have consented, for example by ticking a box; or
3.1.2. for which we are required by applicable law, for example to comply with data retention requirements relating to data relevant to financial reporting; or
3.1.3. which are necessary for the performance of a contract, for example if you order goods; or
3.1.4. for which we rely on other legitimate interests, including
- gathering market information, promoting products and services, communicating with you and customising offers
- delivering and improving our products or services;
- managing relationships with customers, suppliers and others, sharing information with internal stakeholders, implementing security procedures, planning and allocating resources and budget;
- monitoring, detecting and protecting the organisation, its systems, network, infrastructure, computers, information, intellectual property and other rights against unwanted security intrusions, unauthorised access, disclosure and acquisition of information, data and system breaches, hacking, industrial espionage and cyber-attacks;
- protect and develop industry standards, share information about individuals or concerns that may have a negative or damaging impact, and follow industry best practice; or
- comply with industry standards, regulators' requirements and other requirements related to fraud prevention and anti-money laundering.
4. For what purposes do we process your personal data?
4.1. We process your personal data for the following purposes:
4.1.1. If you fill in a contact form with your name, email address, telephone number, preferences, etc., we use your data to answer your questions, send you information or perform other tasks you request.
4.1.2. If you create an account with us, we process the data necessary to open that account, e.g. your name, address, email address, password, profile picture, third party account data (if you register using your Facebook account, for example), etc. to enable your registration and the management of your account.
4.1.3. If you use our interactive features, we process the data necessary to use those features to enable and manage their use, for example, your name and email address to appear in a ranking and to send you updates regarding the interactive feature in which you participated.
4.1.4. If you are an existing customer, we may send you advertisements about our products and services using, for example, your name and postal address.
4.1.5. If you subscribe to a service such as our newsletter by providing us with your email address and name, we use this data to send you our newsletter.
4.1.6. If you participate in a marketing promotion, we use the data we request from you to enable your participation, for example to administer your invitation to an event or to determine and contact the winner of a competition.
4.1.7 If you order a product, material or service, we require and process the data necessary to fulfil your order, such as your name, telephone number, delivery address, credit card information, email address, etc., for example to confirm your order, process your payment, check your creditworthiness, deliver the items ordered and contact you for delivery purposes.
4.1.8. If you answer any of our questions and provide us with personal data such as your name, age, occupation, etc., we will use this information to contact you.
4.1.9. If you consent to receive marketing information when requested, we use your data to send you promotional materials and other communications, to contact you and administer your participation in special events, competitions, sweepstakes, programmes, offers, surveys and market research, to provide you with advertisements about our products and services, to tailor your use of the website, your marketing experience and your communications to suit your preferences and our terms.
4.1.10. If you interact with us on third party social networks, then we process your data for that interaction with you on those networks (our interactions with you on a third-party social network would be subject to the privacy policies and terms of use of that network).
4.1.11. We process your personal data also to comply with and enforce applicable legal requirements, our terms of use, relevant industry standards, contractual obligations and our policies.
4.2. We may process your personal data in a centralized system that allows us to enhance your brand experience by tailoring our communication and marketing efforts to make them as relevant and useful as possible to you (profile building). To do this, we may process, match and enrich your personal data with data received from your interaction with us or from third parties. For example, if you tell us your age, income, hobbies or travel activities, we may mirror this data with your purchasing behaviour and other information we have obtained from you in order to provide you with offers, invitations or promotions that we believe specifically match your interests.
4.3. We process the metadata we collect from you in order to improve our website, to analyse traffic patterns and website usage, for targeted marketing, to develop and analyse statistics and demographic data, or to optimise our online presence and marketing efforts.
5. To whom do we disclose and transfer your personal data?
5.1 - We may disclose your personal data to the following recipients or categories of recipients to use the data on their own behalf and under their own control (data controllers):
5.1.1 - ELKA Watch Co Sàrl, Rue du Musée 4 - 2000 Neuchatel, Switzerland
5.1.2 - Our affiliates within ELKA Watch Co. in the countries where our brand is represented as indicated when collecting your personal data.
5. 2 - We may disclose your personal data to the following recipients or categories of recipients acting on our behalf and/or as partners (subcontractors), within the limits of the performance of their obligations, who are contractually bound to adhere to an adequate level of data protection when processing your personal data (e.g. to fulfil orders, deliver packages, process credit card payments, provide customer service, send postal mail and email, store and process data, host websites, remove repetitive data from customer lists, analyse data, provide marketing assistance, conduct customer satisfaction surveys, provide personalised advertising):
5.2.3 - Our affiliates within ELKA Watch Co.
5.2.4 - Our third-party service providers.
5.3 - We may disclose your personal data to an acquirer if ELKA Watch Co. or substantially all of its assets are acquired by a third party, in which case the personal data it holds about its customers will be one of the transferred assets.
5.4 - We may disclose your personal data if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of ELKA Watch Co. or our customers or others. This includes exchanging data with other companies and organisations for fraud protection and credit risk reduction purposes.
5.5 - We may transfer your personal data internationally, including to countries that are not considered to provide an adequate level of data protection by the relevant regulatory bodies, for example to countries that are not considered by the European Commission or the Swiss Federal Data Protection and Information Commissioner to provide such a level. In such cases, we ensure adequate protection of your personal data by requiring recipients to adhere to binding contractual obligations in accordance with applicable standards approved by the relevant regulatory bodies or by relying on other safeguards, such as self-certifications, approved by the relevant regulatory bodies. You may contact us for a copy of the contractual and other safeguards in place (see section 9 below).
5.6 - This website may contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility for these policies. Please check these policies before submitting any personal data to these websites.
6. How long do we process your personal data?
We process your personal data:
- until you withdraw your consent for future processing, for example until you unsubscribe from our newsletter or delete your account with us;
- until we are satisfied that you are happy after you have contacted us, for example to order a catalogue, ask a question, request information, make an appointment or reservation, etc., but not more than twelve (12) months after the last contact, unless we can rely on another justification, we have informed you otherwise or you have given your consent for a longer retention period;
- in connection with a purchase you make or a customer service transaction, until the transaction is completed, plus at least the warranty period to which we may add a grace period for your benefit, unless we can rely on another justification, we have informed you otherwise or you have given your consent for a longer retention period;
- for as long as you remain our business partner, plus ten years, unless we can show other justification, have informed you otherwise or you have agreed to a longer retention period;
- as long as we are legally obliged to do so, for example in the case of legal retention obligations based on accounting or tax laws and regulations.
7. When do we need your personal data?
If you wish to enter into a contract with us, for example if you order goods or services, we are required to obtain certain personal data from you to enable us to enter into that contract, for example, your name, delivery address, place of residence, payment details or contact details. If you choose not to provide us with the required information, we may not enter into that contract with you.
8. What are your rights?
8.1. You have the right to:
- to request access to and rectification or erasure of your personal data from us;
- ask us to restrict the processing of your personal data, in particular to object to the processing of your personal data for direct marketing purposes; and
- to request that we provide you or any person or entity you have designated with a digital file of your personal data (data portability).
8.2. You may withdraw your consent for us to process your personal data for the purposes indicated at any time.
8.3. To exercise the above rights, you can contact us as indicated below.
8.4. You also have the right to lodge a complaint with the competent authority.
9. How can you contact us?
For any questions or to exercise your rights, you may contact us as follows:
Postal address: Elka Watch Co., Rue du Musée 4 Neuchatel, Switzerland
Email-address: Info@elkawatch.com