2. THE COLLECTION OF YOUR PERSONAL DATA BY CHOPARD
2.1 What is Personal Data and how do we collect it?
We may collect personal information about you (as an identified natural person) or which allows us to identify you (hereinafter your “Personal Data”) in various ways and circumstances, including:
- when you visit any of our Chopard Platforms, particularly when you register on our websites or fill out our Contact Us Form ; - when you visit our own boutiques, points of sale or offices ; - when you purchase a Chopard product or request customer service ; - when you interact with us via email or telephone ; - when you fill out any forms in our boutiques, customer service centers or during Chopard events, including the Client Form (printed or electronic) ; - through some of our commercial and advertising partners (always with your explicit consent).
2.2 What kind of Personal Data do we collect?
Depending on the way you’ve chosen to interact with us, we may collect information (that may constitute Personal Data) which you actively give us, such as:
- information about your identity (first name, surname, gender, date of birth, nationality) - contact information (mailing address, email address and telephone number) ; - information about your civil status (title) ; - information about purchases and payments (credit card information and information required by anti-money-laundering laws) ; - other personal information, including information regarding your preferences and personal and/or professional interests, demographic category, your experiences with our products and contact preferences, your professional situation (position, company/employer, professional contact details), your interests (sports, leisure) and your lifestyle ; - Customer service information (such as customer service requests, comments, feedback, complaints and repair history) ; - Information concerning your application (education, training and professional experience).
We may also collect other types of information (that may constitute Personal Data) by automated means, or indirectly from you or from third parties (websites or social networks) such as:
- images taken through our video surveillance system in Chopard boutiques, points of sale or offices - information that you share publicly on social networks as part of your interaction or not with Chopard.
2.3 On which grounds do we collect your Personal Data?
We guarantee that we process your Personal Data only if and to the extent that at least one of the following legal provisions applies:
- You have given us explicit consent to process certain Personal Data for one or more specific purposes (e.g. so that you can use our Chopard websites, receive newsletters, or be contacted through the “Contact Us” form) ; - Processing is necessary for the performance of a contract (related to your purchase, repair order or other services) or in order to take steps at your request prior to entering into such a contract ; - Processing is necessary for compliance with a legal obligation to which we are subject; - Processing is necessary for the purposes of the legitimate intereststhat we pursue (e.g. security purposes, personalized maintenance advices, personalized services and products offers).
3. THE USE OF YOUR PERSONAL DATA BY CHOPARD
3.1 For what purposes do we use your Personal Data?
a) Marketing and promotional purposes::
- Sending you personal invitations to Chopard events ; - Sending you company communications including content and news about the Chopard world (e.g. the opening of new boutiques) and marketing communications (advertising offers including custom audiences on social media, gifts and catalogues) adapted to your interests and personal preferences ;
- Sending you the Chopard e-newsletter so that you will be the first to know about our creations, events, initiatives and personalised services adapted to your interests and personal preferences. Targeted advertising: In order to adapt our communications and advertising offers to your interests and personal preferences and manage the effectiveness of our marketing strategy, we use tools, technologies and services from third parties such as advertising agencies and analytical tool providers.
We can then create a summary of your preferences based on information that you have provided us with as well as your purchase history.
We can also create custom audiences (comprised of people who filled in the Client Form, visited our website or connected to the Chopard Platforms) on platforms used by third-party applications and/or social networks (Google, Facebook, Instragram) through cookies or by converting your email address (as well as other information communicated in our Client Form) into a unique value (anonymised) that can be matched by third-party applications and/or social networks with a user on their platform. This process is used to post targeted advertising of our products and services, intended for you and depending on your interests and personal preferences, on these platforms.
You can choose to not receive these types of advertisements by accessing the cookie control tool and de-selecting the category “cookies for a targeted advertisement”. However, we do not control third-party targeting technologies even if they are associated with the Chopard Platforms or our advertisements. We suggest that you consult the general use terms and conditions, usage policies, privacy policies and other practices of the third-party applications and social networks with regards to the collection, storage and sharing of your Personal Data.
B) Business purposes :
- Processing your orders, purchases and deliveries; - Providing you with customer service.
c) Support purposes :
- Providing you with information about our Chopard Platforms, products and services; - Answering your requests; - Managing, maintaining and optimizing our Chopard Platforms, providing support and security services.
d) Legal purposes :
- Preventing fraud and other prohibited or illegal activities and guaranteeing the safety and security of our Chopard platforms, boutiques and offices ; - Complying with our billing and accounting requirements and other legal or regulatory obligations (e.g. anti-money laundering obligations).
3.2 How long is your Personal Data stored?
Unless required by law or because of security imperative for another time period, we may store or otherwise process your Personal Data as long as it is necessary to satisfy the purposes described hereinaboveand insofar as you do not withdraw your consent for its processing (either for one or several purposes) norexercise your right to be forgotten before the expiration of any of these time periods (by any of the means described below under the “How can you contact us?” section). Your Personal Data will be stored in a manner compatible with legal obligations, available technology and cost of implementation.
3.3 Do we share your Personal Data with third parties? If so, with whom?
We may only share your Personal Data within the Chopard Group and with third parties in the few following cases:
- Service providers supporting us in our business operations (e.g. to deliver products, allow payment authorization, for the organization of events or to send our Chopard e-newsletter, to support, manage and maintain our Chopard Platforms, mitigate risk, help prevent fraud and promote trust and safety) ; - Third parties, courts or regulators or any other third parties if it is required by law or in connection with a legal claim or proceeding or to combat fraud.
We expect all these third parties to provide necessary guarantees of confidentiality and security and to take appropriate organizational and technical measures in compliance with the applicable laws. Our service providers may only process the Personal Data we share with them according to and within the limits of our instructions.
3.4 Do we transfer your Personal Data outside Switzerland or European Union?
When we share your Personal Data under the circumstances described hereinabove, we may transfer it to a destination outside Switzerland or the European Union. In any case, such transfers will be only executed if the competent authorities have confirmed the adequacy of the country's level of protection or if we can offer you other appropriate safeguards. You can obtain additional information on the appropriate safeguards by contacting us (see the section “How can you contact us?” below).
4. YOUR RIGHTS
4.1 What rights do you have regarding your Personal Data?
- The right of access: You have the right to know what Personal Data has been collected about you and how such Personal Data has been processed. - The to rectification: You have the right to request changes to inaccurate Personal Data. - The right to object: You may declare that you do not want your Personal Data processed (in whole or in part) at any time. - The right to be forgotten: You may exercise this right particularly when you no longer consent to the processing of your Personal Data. You have the right to withdraw your consent anytime (by any of the means described below under the “How can you contact us?” section). The right to be forgotten is not an absolute right and only applies in certain circumstances. . - The right to restrict processing: You have the right to limit the processing of your Personal Data, i.e. limit the way we use your Personal Data. This is an alternative to exercising your right to be forgotten. This right is not an absolute right and only applies in certain circumstances. - The right to be informed: You have the right to obtain any and all information regarding the processing of your Personal Data that is clear, correct, comprehensive and easy to access. - The right to data portability You have the right to transfer (or to ask for the transfer of) your Personal Data from one electronic processing system to another electronic processing system. - The right in relation to automated decision making or profiling : You have the right not to be subject to a decision based solely on automated processing, such as profiling. - The right to lodge a complaint: You have the right to lodge any complaint that you may have with a supervisory authority.
These rights may be subject to exceptions or limitations (e.g. when your Personal Data has been processed for security purposes or stored for legal or contractual obligations) must account for available technology and the cost of implementation. In certain cases, we will need to verify your identity before processing a request you may have based on the above-mentioned rights.
4.2 To whom should you address any request about your Personal Data?
4.3 How can you contact us?
- Through the “Contact Us” form (www.chopard.com/intl/contact-us) - By writing to the Chopard Data Protection Office either by email (email@example.com) or by posted letter (8, rue de Veyrot, 1217 Meyrin 1, Genève, Suisse); - By signing the consent withdrawal in the Client Form (only to withdraw your consent).
4.4 How do we guarantee the security of your Personal Data?
We use the appropriate technical, organizational and administrative security measures to protect any Personal Data we process from loss, misuse, unauthorized access, disclosure, alteration and destruction. Nevertheless, even if we strive to protect your Personal Data, we cannot guarantee the security of the information you transmit on our Chopard Platforms when transferred over the Internet on unsecure networks.
4.5 How do we guarantee the protection of your Personal Data if you are under 16 ?
Note to children under 16 : We will not knowingly collect or otherwise process (particularly through our Chopard Website) any Personal Data from anyone under the age of 16. If you are under 16, please ask one of your parents (or another legal guardian) to register and/or fill out the Client Form for you. Please do not submit any of your Personal Data to us. Should we discover or be informed that we have mistakenly collected your Personal Data, we will immediately delete such information from our records. Note to parents or other legal guardians: We will not intentionally collect (or otherwise process) any Personal Data from your children if they are under 16. If you are concerned that your child has registered on our Chopard Website or submitted any of their Personal Data to us and you wish to delete it, please contact us via the methods set out hereinabove and provide official documents establishing parental or guardian status.
2. WHAT IS A COOKIE ?
A cookie is a kind of digital tag that keeps track of your online visit. Almost every website uses cookie technology. A cookie will typically contain the name of the domain from which it originated, its "lifetime", and a value, usually a randomly generated unique number. Cookies are downloaded by your Internet browser when you first visit a website. They play an important role in making websites work better and more efficiently, including recognizing you and remembering information that may make it easier for you to use the website (such as remembering your preference settings).
2.1 Internal and third-party cookies
Cookies are downloaded to your device (e.g. your computer, smartphone or tablet) via your Internet browser when you first visit the Site.
The next time you visit the Site from the same device, the cookie, along with the information it contains, is sent back either to the site that created it (internal cookie) or to a different website to which it belongs (third-party cookie).
If you decline the use of all cookies, neither internal nor third-party cookies will be used. There will be no distinction between the two types of cookies.
2.2 Permanent and session cookies
Depending on how long they last, cookies can be "permanent" or "session" cookies.
A permanent cookie is a cookie that is stored on your computer until it expires or you delete it.
A session cookie, on the other hand, is deleted when you close your browser.
In addition to accepting cookies while using the Site, as described below, you can generally choose whether or not to accept cookies by changing your browser settings. For more information, see Section 4: How do I manage cookies?
3. What kind of cookies do we use?
3.1 Strictly necessary cookies:
The main cookies we use are:
Cookie name: PHPSESSIONID
Function : Session identifier: maintain the connection
Lifespan : Session
Cookie name: Form_key
Function : Technical cookie protecting against cross-site request forgery (CSRF) attacks.
Lifespan : Session
Cookie name: Mage-cache-
Function : Facilitates caching of the site
Lifespan : 24h
3.2 Functionality cookies:
These cookies allow the Site to remember the choices you make and provide more personal and enhanced functionality. They have a short lifespan, for the most part, the time the session lasts, and at most, 12 months.
Examples of cookies we use:
Cookie name: store
Function : Caching of the selected store
Lifespan : 1 year
3.3 Analytical/ performance cookies:
These are cookies that give us information regarding the use and performance of the Site, to establish statistics, attendance rates and use of various elements (e.g. content visited, path) for the purpose of improving the interest and usability of our services.
These analytical cookies are implemented by Google Analytics, Tongi (for China), and SiteImprove.
3.4 Targeting cookies:
Targeting cookies are set for the purpose of displaying targeted advertisements on the Site based on your interests or for managing our advertising campaigns. These cookies collect information about your activities on the Site and on other sites in order to offer you targeted advertisements.
These cookies are mainly third party cookies and come from companies such as: Facebook, Google AdWords, Adotmob, Numberly, Weborama.More detailed information on the specific cookies used on the Site is provided in our
4. How to manage cookies.
4.1 Accepting cookies during your first visit
On your first visit to the Site, you have control over whether you choose to accept or decline the use of non-essential cookies using our cookie consent tool. However, please note that if you choose to decline cookies, you may not be able to use all the features of our Site. You have the right to withdraw this consent at any time and refuse the use of non-essential cookies using our cookie consent tool.
4.2 Disabling and/or deleting cookies via your browser
You can change the cookie settings in your Internet browser where they can usually be found in the "options", "tools" or "preferences" menu. You can also consult the "help" menu of your browser. Depending on the browser, the mechanism for disabling cookies may vary.
Here are some links and information for more information on how to manage your cookie settings:
If you are viewing this Site from different computers, you will need to change your settings again. For more information about cookies, including which cookies have been placed on your computer or mobile device, and how to manage and delete them, please visit www.allaboutcookies.org.
4.3 Controlling analytics, sharing and advertising cookies with a cookie management platform
You can find further information about behavioural advertising and privacy on the Internet at the following address: http://www.youronlinechoices.com/ and discover which companies have registered to offer you the possibility of refusing or accepting the display of targeted advertising. This platform does not prevent the deposit or the conservation of cookies which must be carried out according to the methods indicated above. Please note that the taking into account of your choices depends on a cookie. If you delete all cookies stored in your terminal via your browser as indicated above, neither we nor our providers will know that you have made these choices.
2. DESCRIPTION OF SERVICES
2.1 Chopard provides its Website and Services to help bring its quality, sustainable luxury goods to Chopard’s customers, and sharing information about one of the last family-run watchmaking and jewelry maisons, its members, news, events, services and other corporate information to its Website users and others. 2.2 Please note that all features, content, specifications of our Site or other Services, and any products or prices described or depicted, are subject to change without notice. Also, the inclusion of any product or service does not imply or warrant that it will be available at any time. 2.3 While we strive to ensure that our Services and all other information we provide are complete, accurate, and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Site or Services. We also do not make any representations or warranties regarding the quality or safety of any products or Services, or third party products or services offered or made available.
3. YOUR USE OF OUR SERVICES
What We Grant You
3.1 Chopard grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and limited license to access and use our Services, for the sole purposes of letting you, the user, use and enjoy the benefits of the Website for a personal non-commercial use as permitted by these Terms and our other policies. Please see Section 6, “Use of the Website,” below for more information on how we permit you to use our Website.
What You Grant to Us
3.5 You are ultimately responsible for all content provided and activity by you or that otherwise occurs under your account (even if that content or activity occurs from other individuals who have accessed the Site and other Services through your account). 3.6 By using our Services, you agree that:
You will not use the Site or any Services for any purpose that is illegal or otherwise prohibited in these Terms.
You will not use any automated means – such as any robot, spider, etc. – to access the Services or extract other users’ information.
You will not copy, modify, distribute, sell, or lease any part of our Site or Services.
You will not reverse engineer or attempt to extract the source code of the software.
You will not use or develop any third-party applications to interact with the Site or Services or other users’ content or information, unless you have our written consent.
You will not use the Site or any Services in a way that could interfere with, disrupt, negatively affect, or inhibit other Chopard users in fully using the Services, or our ability to maintain our Services.
You will not use the Site or any Services in a way that could damage, overburden, or impair the functioning of the Services.
You will not use or attempt to use another Chopard user’s account without their permission.
You will not solicit other users’ login credentials.
You will not create an account using the name of another person with the intent of impersonating the other person, or create an account using any name that is offensive, vulgar, or obscene.
You will not provide content that is offensive or that contains pornography, graphic violence, threats, hate speech, or incites violence, or promotes any unlawful activity.
You will not use the Services in any way that violates Chopard’s rights or those of any third party. You will not use the Services to harass, abuse, defame, stalk, or threaten others, including other users.
You will not compromise the security of the Services, including but not limited to uploading viruses or other malicious code.
You will not attempt to circumvent any content-filters or content-filtering techniques used by Chopard.
You will access only those areas or features of the Services that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access. You will not probe, scan, or test the security or vulnerability of our Services, including any Chopard system or network.
You will not send unsolicited or spam emails to other users or to Chopard. You will not engage in any activity that violates these Terms, and you will not encourage any acts that violate these Terms.
5. COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS
5.1 The name and mark Chopard, the Chopard logos and all other Chopard-related marks depicted in this Website, whether registered or unregistered, are trademarks or service marks of Chopard and its subsidiaries and affiliates. Nothing contained herein or on this Website shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark or other intellectual property of Chopard or any of its subsidiaries or affiliates. 5.2 The information, photos, text, graphics, videos, audio, tools, images, and all other content and materials provided by or made available on this Website (“Content”), and the Website itself, are protected by copyrights, trademarks and/or other intellectual property rights. This Content is owned or licensed by Chopard or its subsidiaries or affiliates, or used with permission of their owners. This Content is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to the text, graphics, photos, interactive features, trademarks, service marks, trade dress, and logos in our Services (“Marks”). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use our Content and Marks for any purpose whatsoever not permitted by these Terms. All rights are reserved, worldwide. 5.3 We respect the intellectual property rights of others – including copyrights – and prohibit our users from using our Services in a way that violates those rights. Some of the content available through our Services comes from other users and third parties. All other content, trademarks and copyrights that appear through our Website are the property of their respective owners. You agree that you will not use the Services in a way that violates or infringes upon someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights. 5.4 You may not use the Content, Marks, or Services, or the content of others, in ways that are not authorized by these Terms. We may terminate your use or prohibit you from using our Services if we believe that you are violating the intellectual property rights of others in your use of our Site or Services. 5.5 We also have the right to disclose your identity to any third party who is claiming that any content shared or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Site. We have the right to remove any posting you make on our Site in our sole discretion. The views expressed by other users on our Site do not represent our views or values.
6. USE OF WEBSITE
6.1 The materials, information and Content contained on the Website is presented for information and promotion purposes only. 6.2 The materials, information and Content provided is for your personal use only. You may download, display or print the materials, information and Content appearing on the Website exclusively for personal and non-commercial purposes, provided that the copyright notice is retained on each copy and you do not change any trademark or other notification of ownership. Downloading or reproduction of any document or software gives you no right, title or interest with respect to said document or software. 6.3 Any other use, including reproduction for purposes other than personal non-commercial use, modification, dissemination, publication, distribution, transmission, creation derivative works form, or broadcast of the materials, information and Content of the Website, in whole or in part and by any means, is strictly prohibited, except with Chopard’s prior written consent. 6.4 Chopard neither warrants nor guarantees that use of any materials, information and Content displayed on its Website will not infringe on third party rights.
7. INFORMATION DEEMED NON-CONFIDENTIAL AND SUBMISSIONS
8. DISCLAIMER OF WARRANTIES
8.1 Any materials, information or Content on the Website are supplied “as is” in terms of their availability, and with no guarantee of any sort, express or implied, including, amongst others, implied warranty of merchantability or suitability for any particular purpose. 8.2 Chopard carries no liability and cannot guarantee that the Content on the Website is accurate, complete and up-to date, or that the Website contains no defect and that any existing defects will be corrected. By using this Website, you agree to do so at your own risk and assume full responsibility for any problems inherent in using it, any loss of data and costs related to any assistance or repair to any hardware and/or software used by you for connecting to the Website, and you agree that Chopard bears no liability whatsoever for any damage that may be caused by, result from or be connected to your use of the Website. 8.3 While Chopard takes reasonable and appropriate technical, organizational and administrative security measures to protect the information we are entrusted with, if you communicate with us by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages, you accept the risk inherent to such uncertainty and possible lack of confidentiality over the Internet.
9. LIMITATIONS OF LIABILITY
9.1 You access, use, browse and navigate on the Website at your own risk. 9.2 You accept that, to the fullest extent permitted by applicable regulations, neither Chopard nor any of its affiliates shall, under any circumstances, be held liable for actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, even if Chopard was previously informed of the possibility of such damage, whether during a contractual action, a prejudice or any other theory, resulting from, or connected to the use, incapacity to use or execution of information, products or documents, or other Contents or Services, on this Website. 9.3 All materials, information or Content downloaded or obtained in any other manner during the use of the Website are at your own risk. Chopard takes no responsibility for any damage or virus which might affect your computer equipment or other property by reason of your access to, use of, or downloading of any materials, information or Content from its Website or for any illegal intrusion or intervention in the IT system. 9.4 Chopard reserves the right to interrupt or discontinue any or all of the functionality of its Website. Chopard accepts no responsibility or liability whatsoever for any interruption or discontinuing of any or all functionality of its Website resulting from actions or omissions of Chopard or any third party.
10. CHANGE OF INFORMATION
10.1 The Content of the Website may contain inaccuracies or typographical errors. Chopard reserves the right to make changes, corrections, and/or improvements to such Content at any time without prior notice but does not assume any responsibility to do so. 10.2 The style, drawing and colours of Chopard products featured on the Website may be modified without prior notice. The prices of gem-set models are dependent on market fluctuations and therefore subject to variations. Chopard reserves the right to modify the prices and models on this website at any time.
11. AVAILABILITY OF PRODUCTS AND SERVICES
11.1 The products featured on the Website are representative of Chopard’s collection. However, not all Chopard products are featured on the Website. 11.2 The Website may contain information on Chopard products and services, not all of which are available in every location. A reference to a product or service on the Website does not imply that such product of service is or will be available. 11.3 Products and services described on this Website are available while supplies last. The product images on this Website are representative and are not necessarily photographs of the actual product you will receive. Chopard reserves the right to discontinue the production of any product, and to discontinue the offering or sale of any product or service at any time, without notice. Chopard will not guarantee that any particular product or service displayed on this Website will be available at any particular location, even if that location has been indicated as a source for that product or service. 11.4 While every effort is taken to try to ensure that the color, design, style, reference number, description, size and pricing (as applicable) of the products featured on the Website are representative of the original products, variation may occur. As such, product and service descriptions on this Website may vary from time to time, and typographical errors may occur, with the result that product and service descriptions, including but not limited to pricing (as applicable), may not be complete, current, or accurate. Chopard will not be liable for any error or inaccuracy in the description, reference, pricing (where available) and in the photographs or graphical representations of products displayed on the Website, and is under no obligation to deliver the products and/or pay any damages whatsoever. Any questions about products can be directed to the Chopard Customer Service Department via our online “Contact Us” page.
12. CHOPARD'S RETAIL PRICE (AS APPLICABLE)
12.1 Chopard reserves the right to change the prices of products and services featured on this Website at any time, without notice.
13.1 The Website may contain links to other third party Internet websites that are not operated or controlled by Chopard. Those addresses or links are provided solely as aids to assist you to locate other Internet websites that may be of interest. Chopard provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked website of any company related to Chopard, in control of it, or under common control with it. 13.2 Chopard has not reviewed any of the websites which link to the Website. Chopard shall not be held liable for the availability or content of such websites or any article contained on or obtained through such websites. Please note that following any link to any third party website is at your own risk.
14. JURISDICTION & CHOICE OF LAW
15.1 If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
16. COMPLETE TERMS
16.1 Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and Chopard. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced. These Terms remain in effect until such time as modified or terminated by us.
17. CONTACT US
If you have any questions regarding these Terms or our practices, you can contact us via our online “Contact Us” page or at:
Le petit-fils de L.U. Chopard & Cie SA Attn: Digital Department Rte de Veyrot 8 C.P. 85 1217 Meyrin 1 Switzerland Email: firstname.lastname@example.org Tel: +41 (0)22 719 31 31
Effective date: 03.10.2019
Le Petit Fils de L.-U. Chopard et Cie S.A., Meyrin