LEGAL NOTES, PRIVACY, COOKIES

1. COOKIE AND PRIVACY POLICY

COOKIE AND PRIVACY POLICY, IN ACCORDANCE WITH REGULATION (EU) 679/2016
REGARDING THE PROTECTION OF PERSONAL DATA

1.1 PURPOSE OF DOCUMENT
This «Cookie and Privacy Policy» is intended to describe how the website of EBERHARD & Co. is managed in relation to the processing of the personal data of users who visit it.
This information is provided pursuant to Art. 13 of Regulation (EU) 2016/679 on the protection of personal data (hereinafter «the Regulation») to those who interact with the website of EBERHARD & Co. electronically and use the relative services at the following address: http://www.eberhard-co-watches.ch/. This information is provided only for the above mentioned sites and not for other websites accessed by users via links.
This policy is an integral part of the website and services offered by EBERHARD & Co. Access to the website and its use are based on the assumption that you have read and understood this policy: if you do not agree with the information provided in this statement, we kindly ask you not to use our website.
EBERHARD & Co. reserves the right to modify or simply update all or part of this policy. Any changes or updates to the same will be available to all users in the Privacy section of the website as soon as updates become active. Updates are binding once published on the website of EBERHARD & Co.: if the user does not wish to accept such modifications and/or updates, they may terminate their use of our website.
Continued use of our website following the publication of such changes and/or updates will be equivalent to accepting the changes and recognising the binding nature of the new terms and conditions.
The site http://www.eberhard-co-watches.ch/ is owned by EBERHARD & Co. which guarantees compliance with the legislation on protection of personal data.

2. CATEGORIES OF PERSONAL DATA
For the purposes of managing its website, EBERHARD & Co. collects and processes the following personal data from the users who consult it:
• Navigation data;
• Cookies (1);
• Email addresses;
• Personal data provided voluntarily by the user;

2.1 NAVIGATION DATA
The computer systems and software procedures used to operate this website acquire, during normal operation, some personal data that are then implicitly transmitted in the use of internet communication protocols. This information is not collected to be associated to identified individuals, but by its very nature could, through processing and association with data held by third parties, allow users to be identified.
This category of data includes:
• IP addresses;
• Domain names of computers used by users who connect to the website;
• URI (Uniform Resource Identifier) addresses of the requested resources;
• Time of the request;
• Method used to submit the request to the server;
• Size of the file obtained in response;
• Numeric code indicating the status of the response given by the server (successful, error, etc.);
• Other parameters relating to the user’s operating system and computer environment.
These data are used only to obtain anonymous statistical information on site usage and to check its correct functioning and are deleted immediately after processing.
The data could be used to ascertain responsibility in the case of hypothetical computer crimes against the website.

2.2 COOKIES
Cookies are used for the website of EBERHARD & Co. and its subdomains, asking the user for consent where required by applicable laws or regulations, to facilitate navigation and customise the information that is sent to the user.
Only information protected by encryption and not personal data are retained in the cookies generated by the website of EBERHARD & Co.
In order to ensure the usability of content and improve the user browsing experience, EBERHARD & Co. uses technical and functional cookies and marketing and analytical cookies (both session and persistent) (2). The use of such cookies is intended to allow safe and efficient exploration of the EBERHARD & Co. website. Specifically, cookies are used for the following purposes:
• to allow the user to transport information across the pages of the website and avoid having to enter them several times;
• to compile anonymous statistics that enable us to understand how visitors use the website and to improve the structure of the website.
Cookies used on the website of EBERHARD & Co. avoid using other techniques that are potentially detrimental to the confidentiality of users’ navigation and do not allow the acquisition of personal data that identifies the user.

2.2.1 COOKIES INSTALLED ON THIS WEBSITE
Below is a list of cookies on the website of EBERHARD & Co. As regards «third party cookies», a description of the individual cookies and their processing can be found by visiting the web address in the column «Domain».

COOKIE TYPE COOKIE NAME DOMAIN PURPOSE EXPIRY
Technical and functional wc_fragments_# eberhard-co-watches.ch Management of navigation on the website. Session
cookie_consent eberhard-co-watches.ch User consent to use of cookies. 10 years
qtrans_front_language eberhard-co-watches.ch Managing user language settings. 1 year
@@History/@@scroll|# eberhard-co-watches.ch Management and analysis of navigation. Session
Analytics _ga eberhard-co-watches.ch Website usage statistics. 2 years
_gat eberhard-co-watches.ch Website usage statistics. Session
_gid eberhard-co-watches.ch Website usage statistics. Session
Third parties (Marketing and Social Networks) IDE doubleclick.net Management of advertisements. 2 years
test_cookie doubleclick.net Check if the user supports cookies. Session
uuid2 Adnxs.com Identification of device used. 3 months
cm go.turboadv.com Management of advertisements. Session
e go.turboadv.com Management of advertisements. 1 year
P go.turboadv.com Management of advertisements. 15 days
t go.turboadv.com Management of advertisements. 30 days

2.2.2 MANAGEMENT OF COOKIES
The user has the right to accept or refuse the use of cookies at any time by modifying the settings in their browser: in this case, some parts of the EBERHARD & Co. website may be inaccessible or not function properly.
Therefore, for full and easier use of this website it would be advisable to configure your browser to accept these cookies.
Cookies are not harmful to devices used for navigation (e.g. computers, tablets or smartphones). Furthermore, as mentioned above, personal data are not retained in the cookies generated from the EBERHARD & Co. website.
In accordance with the requirements of the Regulation and with the conditions required by the Data Protection Authority in the provision entitled «Identifying simplified means for privacy policies and obtaining consent for use of cookies» (published in the Official Gazette No. 126 of 3 June 2014), the user can refuse consent and/or modify their options regarding the use of cookies by this website at any time by following the procedures set out by the browser used.
If you use different computers in different locations, you will have to ensure that each individual browser is set up correctly.
Please note that there is no way to control third party cookies (where used), so if you have already given consent previously, you must proceed to the deletion of cookies through your browser or by asking to «opt-out» directly to the third parties or via the website: http://www.youronlinechoices.com.

2.3 E-MAIL ADDRESSES
If users connecting to this website send their personal data in order to access specific services (e.g. newsletters, «work with us» service etc.) or to make requests to EBERHARD & Co. by e-mail, this involves the acquisition by the company of the sender’s address and/or any other personal data which will be processed exclusively for the purposes indicated in this policy.
Your data will be processed for purposes relating to the fulfilment of your specific requests, to contractual, tax and accounting obligations; archiving and invoicing; disputes and credit protection; fulfilment of obligations under applicable laws.

2.4 PERSONAL DATA PROVIDED VOLUNTARILY BY THE USER
Apart from that specified for navigation data, users are free to supply EBERHARD & Co. with their personal data. Failure to provide such data may result only in the inability to obtain the services requested. Therefore, visitors are able to navigate within the website without revealing personal information and data.
Once registered, the personal data collected will be used only for the purposes indicated in this policy and by specially appointed staff, in compliance with current regulations and in accordance with the normal internal procedures defined by the company.
In order to use the services provided by EBERHARD & Co., the user will be asked to provide only common personal data (e.g. first name, last name, email address, telephone number, etc.).

2.5 «CUSTOMER SERVICE» SECTION
The «Customer service» section of the EBERHARD & Co. website allows the user to avail of after sales service and customer support.
The data required for this purpose, without which the service cannot be provided, are the following: first name, last name, phone number, retail name, website, city, country, postal code.

2.6 «PRESS AREA» SECTION
The «Press area» section of the website EBERHARD & Co. offers the user the possibility of consulting or downloading material about the company and its products.
The data required for this purpose, without which the service cannot be provided, are the following: email, title, first name, last name, phone number, website, job title, media name, media type, address, city, country, postal code.

2.7 «NEWSLETTER» SECTION
The «newsletter» section of the EBERHARD & Co. website offers the user the possibility of receiving commercial information concerning products and company offers.
The data required for this purpose, without which the service cannot be provided, are the following: title, first name, last name, email, language, country. Use of the service is subject to user consent (subject to privacy policy) and the processing of personal data is carried out in order to fulfil a specific user request.

2.8 «CONTACTS» SECTION
The «Contacts» section of the website EBERHARD & Co. allows the user to send communications or messages to the company.
The data required for this purpose, without which the service cannot be provided, are the following: title, first name, last name, address, city, postal code, province, country, email address, telephone number, subject and message text.

2.9 «CHECKOUT» SECTION (E-COMMERCE)
The «Buy the Book» section of the website EBERHARD & Co. allows the user to enter invoicing information needed to purchase products online (e.g. EBERHARD & Co. commemorative publication).
The data required for this purpose, without which the service cannot be provided, are the following: first name, last name, company name, country, address, postal code, city, state, phone number, email address.
Payment for items purchased is made through PayPal.

2.10 «YOUR EBERHARD STORY» SECTION
The section «Your Eberhard Story» of the EBERHARD & Co. website offers the user the possibility of sharing experiences relating to the purchase of company products, which will be verified by staff of EBERHARD & Co. and may be published on both the corporate website and on social networking platforms used for content promotion.
The data required for this purpose, without which the service cannot be provided, are the following: first name, last name, email address, postal address, telephone number, title, nickname, image (of watch purchased), description of the «Story».

3. PURPOSES OF PROCESSING
The data in question will be processed for the purposes declared by the company, for the fulfilment of obligations and the exercise of the rights provided for by law. The processing of the personal data of data subjects is carried out according to the purposes and by virtue of the lawful basis below.
1. FULFILMENT OF PURCHASE ORDER
DESCRIPTION
To fulfil the purchase order from the customer and to allow the company to perform all administrative, commercial, accounting and fiscal activities arising from supply of the product.
LAWFUL BASIS
This processing is carried out by virtue of a specific lawful basis: the fulfilment of the contract of sale to which the data subject is a party and compliance with specific laws (e.g. Consumer Code).
2. CUSTOMER SERVICE MANAGEMENT
DESCRIPTION
Management and execution of customer support services, meaning the provision of services to customers before, during and after the purchase of a product, aimed at increasing the level of customer satisfaction (e.g. management of repair under warranty of products sold by the company, provision of informative material, etc.).
LAWFUL BASIS
This processing is carried out by virtue of a specific lawful basis: the fulfilment of the contract of sale to which the data subject is a party and compliance with specific laws (e.g. Consumer Code).
3. SENDING COMMERCIAL COMMUNICATIONS
DESCRIPTION
With the prior express free and autonomous consent of the client, EBERHARD & Co. will make use of personal data collected for marketing purposes, namely for the transmission of communications (via email, fax, postal mail, SMS and MMS) of an informative and commercial nature, advertising materials, newsletters and promotional activities relating to the activities, products and services offered by EBERHARD & Co.

LAWFUL BASIS
This processing is carried out by virtue of a specific lawful basis: the fulfilment of the contract of sale to which the data subject is a party and compliance with specific laws (e.g.
4. PUBLICATION OF INFORMATIVE CONTENT
DESCRIPTION
Publication of customer experiences with the EBERHARD & Co. brand. The user is asked to describe their Eberhard & Co. story and upload an image of their watch. Contributions will be collected in an e-book published on the website of Eberhard & Co. and may be shared on social networks. For the purposes of using the service images or contributions will not be accepted which:
• violate in any way the rights of the subject or third parties, including copyright and the right to protection of personal data (e.g. images and content not properly «anonymised»);
• are offensive, abusive and that infringe the law or the rules of civic decency;
• are tasteless or vulgar, obscene, contrary to morals or that in any way adversely affect or may offend others;
• with racist content or that incite hatred, violence or contain false, inaccurate, misleading or fraudulent information;
• require or imply remuneration;
• constitute a form of advertising, directly or indirectly for any business or non-profit organisation or materials regarding a subject other than the one proposed.
For these reasons, content will be published only with the approval of Eberhard & Co.
LAWFUL BASIS
This processing is carried out by virtue of a specific lawful basis: consent of the data subject, the legitimate interest of the data controller in the information from its clients and fulfilment of their requests.
It is possible at all times to ask the data controller to clarify the lawful basis of each type of processing and in particular to specify whether processing is based on the law or provided for by a contractual relationship to which the data subject is a party.

4. PROCESSING METHODS
Your personal data, which are necessary for the purposes referred to in «Paragraph 3 – Purposes of processing», are collected, recorded, organised and stored in electronic and/or paper archives.
Your personal data may be processed either on paper or with the aid of electronic instruments equipped with suitable security measures to guarantee the rights of the data subject as well as the confidentiality, integrity and availability of the data processed in accordance with the Regulation.
Data gathered from EBERHARD & Co. are not subject to profiling, namely automated processing carried out on personal data for the purpose of evaluating specific characteristics of a natural person (e.g. to analyse or predict aspects of job performance, economic situation, health, personal preferences, interests, reliability, behaviour, location, the natural person’s movements, etc.).
For more information, please contact the company.

5. MANDATORY OR OPTIONAL NATURE OF DATA PROVISION
Users are free to supply EBERHARD & Co. with their personal details: failure to do so may result solely in the inability to obtain the services requested.
Provision of personal data is necessary for the purposes specified in points 1) and 2) of «Paragraph 3 – Purposes of processing»: failure to transmit said data could make it impossible for the company to fulfil the purposes in question.
Consent is not required for their processing.
Provision of personal data is necessary for the purposes referred to in points 3) and 4) of «Paragraph 3 – Purposes of processing» means the absence of such a provision could make it impossible for the company to achieve the goals in question.
Consent is required for their processing.
For processing based on consent (if given), you retain the right to revoke consent at any time without affecting the lawfulness of the processing, based on the consent given before revocation. Users who have questions about what data are mandatory are encouraged to contact the company.

6. CATEGORIES OF RECIPIENTS OF PERSONAL DATA
Your personal data will not be disclosed, this term signifies informing indeterminate subjects in any way, including by making the data available for consultation.
Your personal data will be communicated, solely and exclusively for the purposes specified in «Paragraph C – Purposes of processing», to EBERHARD & Co. company departments responsible for processing or those acting under the authority of the company as data processors and who need to process them in order to carry out their duties or by virtue of the position they hold (e.g. line managers, people working in human resources, other business departments that may need their services, etc.).
These processors, whose numbers will be restricted as much as possible, will have access only to the data relevant to the task assigned to them and will act on the basis of instructions provided to that effect by the company.
For the same purposes, data may also be made available to processors that are part of the company group.
Notwithstanding communications made in fulfilment of legal and contractual obligations, your personal data may also be communicated to the following categories of recipients, which the company uses to achieve the purposes indicated in «Paragraph C – Purposes of processing «:
• EBERHARD & Co. Group companies;
• professionals or service companies that handle specific stages of the commercial communications service provided by EBERHARD & Co.;
• third-party companies or consultants responsible for the installation, maintenance, updating and general management of hardware and software of EBERHARD & Co.
These recipients, where they process data on behalf of EBERHARD & Co., will be appointed as external data supervisors by means of a special contract (or other legal act) that will bind them to the company and will provide the guarantees required by Art. 28 of the Regulation to protect the rights and freedoms of the data subject.
Please note, finally, that any information about you will be accessible (directly or indirectly) to the professionals that the company has identified on an individual basis and has expressly designated as system administrators: this is the technical staff who manage and maintain the data processing system or its components (e.g. supervising the operating system resources of a computer or of a database and allow it to be used, managing system access credentials, organising network streams, running back ups, adopting security measures, etc.).

7. LOCALISATION AND TRANSFER
Your personal data is handled at the premises of the data processor and in any other place where the parties involved in the processing are located. To achieve the purposes referred to in «Paragraph 3 – Purposes of processing», your personal data shall be:
• collected and processed at the corporate office of EBERHARD & Co., located in Rue de Manège, 5-2502, Bienne (Switzerland);
• possibly transferred to other group companies, if considered necessary to achieve the specified purposes;
In accordance with the Regulation and in order to provide users with «adequate guarantees» in the event of transfer of personal data outside of the European Union, it is specified that Switzerland is one of the countries approved by the data protection authority to receive personal information (Official Gazette, 26 November 2001 no. 275 — Ordinary Supplement no. 250).
To achieve the purposes referred to in «Paragraph C – Purposes of processing», your personal data will not be transferred to other third countries outside the EU or international organisations.
For more information, please contact us.

8. RETENTION PERIOD OF DATA PROCESSED OR CRITERIA USED TO DETERMINE THIS PERIOD
The personal data processed by the company will be kept until the purpose for which it was collected and subsequently processed has been fulfilled.
EBERHARD & Co. may retain some of the personal data collected for as long as necessary to meet their legitimate interests, such as fraud prevention and safety promotion.
Additionally, EBERHARD & Co. may be required to retain some of the personal data collected for a longer period, in accordance with legal or contractual obligations.
Since EBERHARD & Co. adopts solutions to protect its website from accidental loss or theft of data, residual copies of your personal information may, for a limited period of time, not to be removed from our backup systems.
At the end of the retention period, or the fulfilment of the purpose of the processing, personal data will be deleted: for this reason, after such time the right to access, cancellation, rectification and portability of personal data may no longer be exercised.

9. RIGHTS OF THE DATA SUBJECT
You have the right at any time to exercise the rights granted under the Regulation. In particular, you are entitled to the following rights:
• to obtain confirmation of the existence of your personal data, even if not yet recorded, and their communication in an intelligible form, with indication of the source of the personal data;
• to be informed about the purposes and methods of processing, the logic applied in case of processing by electronic means, the identity of the data controller and data supervisors, the recipients or categories of recipients to whom the personal data may be communicated or who may come ton knowledge of it as supervisors or processors;
• to obtain the updating, rectification or (where the data subject is interested therein) the integration of information, its cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data that it is not necessary to retain in relation to the purposes for which the data were collected or subsequently processed, the certification that the aforesaid operations have been notified, including in relation to their contents, to the entities to which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort in relation to the protected right;
• the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning you, even if pertinent to the purpose of collection and processing of personal data concerning you for advertising or direct sales or for carrying out market research or commercial communication;
• to request copies of any personal information held by the company in a format that is commonly used and electronically readable and/or the right to request transmission of such information to another service provider (if technically feasible);
• to submit complaints concerning the personal data processing activities undertaken by the company to the personal data protection authority.

10. EXERCISE OF RIGHTS
To exercise the rights listed above you may submit a written request to the attention of:
EBERHARD & Co.
Rue de Manège, 5
2502-Bienne (Switzerland)
Tel. + 41 919 932601
Email: privacy@eberhard-co-watches.ch

11. DATA CONTROLLER
The data controller of personal data, in order to fulfil the purposes in «Paragraph 3 – Purposes of processing» is the company as a whole. The contact details of the data controller are:
EBERHARD & Co.
Rue de Manège, 5
2502-Bienne (Switzerland)
Tel. + 41 919 932601
Email: info@eberhard-co-watches.ch

12. DATA SUPERVISORS
The full list of data processors is available at the headquarters of the company and is available at the request of the data subject, which must be sent to the addresses referred to in «Paragraph 10 – Exercise of rights».

Thank you for your attention.
Best regards.

Date: 26/06/2018


(1) Cookies are text files that are sent from the website to the user’s terminal, where they are stored and then transmitted to the website the next time the same user visits. A cookie typically contains the internet domain name (or IP address) from which the cookie originates, the duration of the cookie (or the cookie’s expiry date) and a numeric code, usually a randomly generated unique number. A cookie cannot retrieve any data from your hard drive or pass on computer viruses or capture email addresses and each cookie is unique to the user’s web browser.

(2) On the basis of their life cycle, cookies can be divided into:
• Session cookies: used to store temporary information, these allow the actions performed by the user during a particular session to be connected and are deleted when the browser is closed.
• Persistent cookies: used to store user information (e.g. name and password), so that the user can avoid retyping it each time they visit a website, these expire on a specific date or after a certain period of time. For the lifetime of the cookie, the information will be transmitted to the server each time the user visits the website or views a resource that belongs to that website from another website.
On the basis of their origin, cookies can be divided into:
• First party cookies: sent to the browser by the website that you are visiting, these are handled directly by the website owner and are used to ensure it works correctly or to keep track of user preferences.
• Third party cookies: installed by an external party (third party) and not handled by the website.
On the basis of their nature, cookies can be divided into:
• Technical cookies: used to ensure normal navigation and use of the website, these are not used for any other purposes, and are installed by the owner or operator of the website.
• Analytics cookies: all information collected from these cookies is aggregated anonymously and is only used to improve the functionality of the website.
• Functional cookies: these enable the user to browse according to selected criteria in order to improve the service and allow the website to track the user’s choices.
• Profiling cookies: aimed at creating user profiles, these are used in order to send advertising messages in line with the preferences expressed by the user in the context of browsing the internet.