General Terms
"Watch Academy by Cimier"

relating to personal data processing

GENERAL TERMS RELATING TO THE PROCESSING OF PERSONAL DATA

Welcome to the Watch Academy by CIMIER website.

Our activity is evolving and these terms are also changing. We invite you to refer to our website regularly to find out information regarding the most recent changes. Unless otherwise specified, our general terms relating to the processing of personal data apply to the use of all the information we have collected concerning you. We keep our promises and will never substantially change our policies or practices in a way that would reduce the protection of client information collected in the past, without the consent of the clients concerned. Click here to refer to the previous version of the general terms relating to the processing of personal data.

The Client acknowledges that the conditions have been translated from French. In the event of a divergence between this translation and the original French text, only the French version is valid.

PREAMBLE

The company Montres CIMIER SA provides you with website features and other services when you visit the Watch Academy by CIMIER website (watch-academy.com) or make purchases there. The Watch Academy by CIMIER is a brand operated by Montres CIMIER SA.

Montres CIMIER SA supplies its services by abiding by the general terms relating to the processing of personal data as defined on this page. Montres CIMIER SA pays special attention to the protection of personal data. With this aim Montres CIMIER SA undertakes to respect the applicable European and Swiss legislation regarding personal data processing.

The protection of natural persons with regards to personal data processing is a fundamental right whatever the nationality or residence of the natural persons. The right to personal data protection is not, however, an absolute right; it must be considered in relation to its function in the Montres CIMIER SA and balanced against other fundamental rights, in accordance with the principle of proportionality.

What personal data does Montres CIMIER SA collect about its clients?

Website connection data: data relating to your browser (IP address, browser name);
Analysis data: allows the analysis of the number of visits and habits of website visitors;
Data coming from forms found on the Watch Academy by CIMIER website;

Examples of personal data collected

You supply information when you:

Search for our services;
Order our services;
Contact us by telephone, email or by any other means;
Insert personal identification data: username;
Fill in forms found on the Watch Academy by CIMIER website.

Through these actions you give us information including: your name, address and telephone number, age, geographical location, the names, addresses and telephone numbers of the recipients of bought products, VAT numbers.

Lawful, loyal and transparent processing and determined, explicit and legitimate purposes

Personal data collected ensure the security as well as the correct operating of our website.

All information that we collect from you can be used to:

Personalise your experience and meet your individual needs;
Continually improve our products and services;
Correct errors and improve the accessibility and efficiency of the services offered by Montres CIMIER SA;
Supply personalised advertising content;
Improve our website;
Improve customer service and your support needs;
Contact you through different channels (e.g. e-mails, telephone);
Register and process orders relating to the supply of our services;
Process payments and communications with you in connection with your service orders;
Administer a competition, a special offer, a newsletter or a survey;
Investigate, prevent or take measures concerning illegal activities, presumed fraud, situations involving potential threats to the physical safety of any person, breaches of our terms of use, or when the law compels us to do so.

We may also be called on to request your consent to process your personal information for a specific purpose that we will indicate to you. When you agree to the processing of your personal data for this specific purpose, you will be able to withdraw your consent at any time and we will stop any processing of your information for this purpose.

Does Montres CIMIER SA share your personal data?

Montres CIMIER SA does not sell the collected data to third companies. Your data are protected and only used in the framework of your relationship with Montres CIMIER SA.

We use other independent companies or persons who supply certain services on our behalf. Here are a few examples: the sending of regular mail or e-mails, the analysis of our databases, the supply of search results and links, the processing of payments and the transmission of contents. These third-party service providers have access to the personal information necessary for performing their services and are not authorised to use them for other purposes. Moreover, they are bound to process this personal information in accordance with these general terms and with governing laws regarding personal data processing. The Watch Academy by CIMIER website will not store information relating to payments. We use PayPal and Stripe to deal with this.

We disclose personal information when we are legally obliged to do so or if this disclosure is necessary to enforce our general sales terms or other agreements, or to protect the rights, property or security of Montres CIMIER SA or those of the users of the Watch Academy by CIMIER website or other persons. This includes the exchange of information with other companies and organisations with the aim of protecting against fraud. In all other cases, you will be informed if your personal information had been shared with a third party and you will have the chance not to agree to such sharing.

Protection of personal data

We are concerned with the safety and protection of your personal data.

Your data is stored on secured Swiss servers. They are equipped with the latest technologies and enjoy the best protection.

We protect the safety of your personal data while it is being transmitted by using SSL software (Secure Sockets Layer Software) that encrypts the information you enter before it is sent.

We respect the safety standards of the payment card industry (PCI DSS) when we process payment card data.

We maintain physical and electronic safety measures and back-up procedures in relation to the collection, storage and communication of clients’ personal information. Our safety procedures may require us to ask you for proof of your identity before being able to pass on your personal information to you.

Data minimisation

The personal data required by Montres CIMIER SA are appropriate, relevant and limited to what is necessary regarding the purposes for which they are processed.

Data accuracy

The personal data collected by Montres CIMIER SA are exact. All reasonable measures are taken so that inaccurate personal data, with regard to the purposes for which they are processed, are either deleted or rectified without delay.

Limitation of data retention

Personal data collected by Montres CIMIER SA is kept in a form allowing the identification of the persons concerned for a period not exceeding that necessary for the purposes for which they are processed, for a period necessary to carry out such legal obligations as, for example, tax or accounting obligations, or for any other duration that may have been communicated to you.

Integrity and confidentiality

Personal data are processed by Montres CIMIER SA in such a way as to guarantee the appropriate security of personal data. They are protected against unauthorised or unlawful processing and against the loss, destruction or damage of accidental origin, with the help of appropriate technical or organisational measures. The data are stored on secured Swiss servers. These servers are equipped with the latest hardware technologies and enjoy the best protection. Moreover, SSL encryption is used to protect sensitive information transmitted online. Offline information is also protected. Only employees that need to carry out a specific job have access to identifiable personal information. The latter is subject to professional secrecy. The computers used to store identifiable personal information are kept in a secured environment.

Data processing concerning children

You can only give your consent regarding the processing of your data if you are over the age of 16. If you are under the age of 16, consent must be given by a person who has “parental responsibility”.

Use of cookies

Cookies are small files stored in your browser or your appliance for a defined period. They allow your browsing data to be kept, such as, for example, the choice of language. Here for example are cookies stored during your visit to the Watch Academy by CIMIER website:

The WordPress CMS uses cookies for preferences and display tests:
Google Analytics uses cookies intended for visitor statistics (relating to the Watch Academy by CIMIER website) as well as for its own statistics (use by Google);
The Stripe payment systems uses a cookie for its needs;
Standard cookies aim at protecting you as a visitor or to record your preferences.

On the Watch Academy by CIMIER website, they are intended for statistical purposes. No personal data is sold or given to legal entities or natural persons. These data are only used to analyse our website’s traffic as well as analyse the security and correct operating of the latter. Our cookies improve the user experience thanks to the monitoring and targeting of his/her interests. However, this use of cookies is in no way linked to personal information identifiable on our website.

The processing manager

Montres CIMIER SA established in route de Soleure 136, 2504 Bienne is the processing manager of data collected and processed via the Watch Academy by CIMIER website.

For any questions or requests relating to the processing of personal data within Montres CIMIER SA or if you wish to contact the processing manager, please send us a detailed e-mail to the following address: info@cimier.com.

We undertake to deal with your request within a maximum of one month. In order to be able to access your request, we ask you for proof of your identity for the purpose of identification and confidentiality.

Notification in the event of a data breach

An incident must be reported to the supervisory authority and the person concerned, less than 72 hours after being aware of it. Montres CIMIER SA shall avoid this obligation if the personal data breach has little chance of resulting in risks to the liberties and rights of natural persons.

What rights are you entitled to?

The right to be informed

You have access to information about the processing of your personal data and the reasons for this processing. You can obtain basic information on this subject. The controller will give you the necessary information even if the personal data has not yet been obtained.

The right of access

You are entitled to obtain confirmation from the controller that the personal data concerning you have not been processed.

If the controller confirms that the personal data have been processed, the person concerned is entitled to have access to his/her personal data and obtain such information as:

The aims and reasons for the processing;
The categories of personal data concerned;
The recipients or categories of recipients to which the personal data have or shall be communicated, in particular the recipients in third countries of international organisations;
The existence of the right to ask the controller to correct or delete personal data, limit the processing of personal data relating to the person concerned, or the right to oppose this processing;
The right to oppose and complain to a supervisory authority.

The right to correction

You are entitled to correction of the personal data concerning you that are inaccurate, as soon as possible, by the controller.

The right to deletion

The controller must delete your personal data if these are not necessary for the purpose for which they have been collected or processed; if the person concerned withdraws his/her consent on which the processing relies; or if the personal data have been processed unlawfully.

The right to data portability

You are entitled to receive your personal data. The personal data received must be structured in a legible format by a machine, because you have the right to pass on your data to another controller, with no interruption resulting from the controller, to whom your personal data have been supplied beforehand.

The right to oppose

You are entitled to oppose the processing of your personal data at any time. The controller shall no longer process your personal data, unless he/she proves that there are legitimate and pressing reasons for the processing, which prevail over your interests, rights and liberties, or for the observation, exercising or defence of rights in court, notably in the framework of a technicallegal investigation. The controller must show that there is reasonable proof to process the data, or that this data processing is within the limits of your legal rights. If Montres CIMIER SA cannot respond to one of these requirements, it must stop the processing.

The right to limitations

You are entitled to ask for the processing to be limited if this is unlawful. You are also entitled to oppose the deletion of your personal data and demand instead a limitation of their use.

The right to unsubscribe

Montres CIMIER SA uses the email address you supply to send you newsletters. If at any time you wish to unsubscribe and no longer receive emails, detailed instructions on how to unsubscribe are included at the bottom of each email.

If you wish to assert one of the rights set out in these latter paragraphs, please contact us at the following e-mail address: info@cimier.com.

Revised on 22nd January 2019.

GENERAL TERMS OF SALE

Welcome to the Watch Academy by CIMIER website. The Montres CIMIER SA Company provides you with website features and other services when you visit the Watch Academy by CIMIER website (hereafter called “the Website”) or make purchases there. Montres CIMIER SA supplies its services via the Website according to the terms defined on this page. These terms apply to online orders on the Website as well as to phone orders concerning the service provisions that Montres CIMIER SA offers on the Website. These General Terms of Sale (hereafter called “GTS”) govern the sale of services between Montres CIMIER SA and you (hereafter called the “Client”). Please read these terms carefully before placing any order with Montres CIMIER SA. By ordering with Montres CIMIER SA, you agree to submit to these terms with no modification and in their entirety. The Client acknowledges that these terms have been translated from French. In the event of a divergence between this translation and the original French text, only the French version is valid.

1. PURPOSE

1.1

Montres CIMIER SA operates the Watch Academy by CIMIER brand that offers services consisting in the organisation of watch design workshops by the Client him- or herself (hereafter called the “Workshop”). The Client can order a Workshop online. The Website allows contracts to be concluded between Montres CIMIER SA and the Client.

1.2

The purpose of these GTS is the use of the services that Montres CIMIER SA supplies to Clients via the Website. The acceptance of these GTS is made by the use of the corresponding services. If the Client uses several Montres CIMIER SA services, he/she may be called on to renew his/her acceptance of the GTS by clicking on the corresponding confirmation field.

1.3

The use of personal data is governed by the General terms relating to the processing of personal data. The General terms relating to the processing of personal data are an integral part of these compulsory GTS.

2. SERVICES

2.1

Montres CIMIER SA can modify the scope of the services or suspend the fulfilment of the services at any time.

2.2

Via the Website, Montres CIMIER SA allows contracts to be concluded between the Client and itself. Montres CIMIER SA is the Client's contractual partner. The contract relating to the purchase of a service is concluded exclusively between the Client and Montres CIMIER SA on the basis of these GTS.

3. HOW TO ORDER

The availabilities supplied in the sales channels only qualify as an invitation to a submission of bids by the Client. The Client makes his choice by means of the sales channels. The choice made is displayed on the Website (“Online order”) or is communicated to the Client (“Phone order”). By confirming the order, the Client confirms his/her compulsory offer for the purchase of the chosen services. The Client is bound to supply the necessary information in an exhaustive and correct way during the order procedure. We display the availability of the services that we sell on the Website on the “Shop” page. The contract is binding following receipt of your payment by Montres CIMIER SA. During the processing of your order, we will inform you as soon as possible by e-mail using the address associated with your order should the services you have ordered prove to be unavailable and we will not invoice you for these services. The Client is solely responsible for ordering the services in due time before the Workshop date. Only the person whose name features in the confirmation e-mail may have access to the reserved Workshop. If a Client orders Workshops for several people, he/she must ensure that the personal data of all of the persons are indicated completely and accurately in the confirmation e-mail.

3.1 Online order

On the “Shop” page, the Client must choose the date of the Workshop he/she is interested in. Then the Client must choose the desired items. He/she will indeed choose between the Small Second Workshop or the BigMatic Workshop. Just as for the Workshop date, the items can only be added to the basket in one place: the “Shop” page. The other pages are for display purposes. The choice of items is available thanks to the “Basket” icon displayed at the top right of the page and on all the Website pages. By clicking this icon, it is possible to access the contents of this basket and modify the contents at any time. The number of items is indicated alongside the latter if it is greater than 1. If no item is found in the basket or if no Workshop date has been chosen (added then removed) the click action will redirect the Client to the “Shop” page. When the choice of items has been made, the Client may access his/her first basket then enter the “checkout funnel”. This is the 1st stage of the order. Stage 2 is associated with the basket. Once validated, the Client will be led to stage 3. Please note that if the Client has chosen “Gift voucher” items, he/she will be requested to supply additional information relating to the contents of the latter. Stage 3 is subdivided into four chapters, namely:

Discount voucher (optional): the Client has the possibility of entering discount vouchers with the aim of reducing the final sum;
Personal information: the Client will be requested to enter his/her personal information;
Payment systems: the Client will be requested to choose and then complete a payment method;
Confirmation of these general terms of sale.

Once confirmed, the Client will be redirected to the final stage which is a summary of the order. A confirmation email will also be sent to the Client specifying the following information:

Surname and first name of the Client and those persons for whom the Client has ordered a Workshop;
Order reference;
Reference and number of items ordered;
Price details;
Workshop date.

This confirmation cannot expressly be qualified as acceptance of the offer by Montres CIMIER SA. Up to stage 4 of the checkout funnel, it is possible at any time to go back to modify or abandon your order. You agree to receive the invoices for your purchases electronically or by post. For more information about electronic invoices and to find out how to receive a paper copy, please contact info@cimier.com.

3.2 Phone order

During the phone order, the Client must give his/her surname and first name, as well as those of the persons for which he/she is placing the order. The Workshop date must be communicated, as well as the e-mail and postal address of the Client. A confirmation e-mail will also be sent to the Client specifying the following information:

Surname and first name of the Client and those persons for whom the Client has ordered a Workshop;
Order reference;
Reference and number of items ordered;
Price details;
Workshop date.

This confirmation cannot expressly be qualified as acceptance of the offer by Montres CIMIER SA. You agree to receive the invoices for your purchases electronically or by post. For more information about electronic invoices and to find out how to receive a paper copy, please contact info@cimier.com.

4. PAYMENT TERMS

With a phone order, payment is made by debiting the credit card indicated during the order procedure. With an online order, payment is made on the Website by credit card only. The following credit cards are accepted: Mastercard, Visa, American Express.

5. CANCELLATION

5.1

You can cancel your order without giving a reason no later than 14 working days before the Workshop date.

5.2

You can submit your online request by using the contact form on the website or by sending us an e-mail (info@cimier.com). We will send you an acknowledgement of receipt. In order to respect the cancellation deadline, you need to send your cancellation request before expiry of the 14-day deadline.

5.3

We will reimburse all payments we have received from you no later than14 working days before the Workshop date. We will use the same method of payment as the one you used during your initial order, unless if you expressly agree on a different method. In any case, this reimbursement will not incur additional fees for you. If the reimbursement occurs after the deadline mentioned above, the amount due to you will be increased ipso jure.

5.4

For any additional information about the extent, contents and instructions as to exercising your right to cancel, please contact info@cimier.com.

6. NO RESALE OF SERVICES

Any trade of services bought for commercial purposes is prohibited. Breaches of the said rule may lead to the loss of the service purchased and the rights to damages, as well as claims for the return of profits vis-à-vis Montres CIMIER SA and persons having purchased the service. Anyone who breaches the said provisions may be excluded from purchasing services.

7. PRICES

The prices of services, accessible or displayed in the sales channels, are indicated in Swiss francs. They include VAT.

8. GUARANTEES

8.1

Montres CIMIER SA is committed to taking all customary care in the profession regarding the implementation of the service offered to the Client. It implements all means it has to ensure the services subject to these GTS. Montres CIMIER SA supplies its services in the framework of its entrepreneurial resources and foreseeable requirements in a meticulous way and in accordance with standard practices, insofar as Montres CIMIER SA does not find itself unable to supply the services for reasons for which it is not responsible. It cannot be held responsible in the event of a delay or breach of its contractual obligations if the delay or breach is due to a cause beyond of its control: unforeseen circumstances or a case of force majeure as defined by the governing law.

8.2

The limitation of responsibility referred to above is not applicable in the event of wilful misrepresentation or serious misconduct on the part of Montres CIMIER SA.

8.3

The Client is aware that Montres CIMIER SA supplies its services via the Internet, respectively by using telecommunication networks. There may be temporary disturbances or interruptions in the performance of services, notably due to technical malfunctions, disruptions or interruptions of telecommunication networks or due to a breakdown in IT infrastructures, call centre lines or other parts of the infrastructure needed to perform the service. Montres CIMIER SA therefore grants no guarantee for the permanent availability and lack of errors for its services.

9. RESPONSIBILITY

9.1

In the event of a breach of its own contractual obligations resulting from the present GTS, Montres CIMIER SA is responsible in an unlimited way vis-à-vis the Client for direct proven damages caused by Montres CIMIER SA through unlawful intent or gross negligence.

9.2

Any responsibility is expressly excluded for direct or consequential damages. Consequential damages are, in particular, revenue shortfall, damage caused to reputation and loss of data following prior disturbances or interruptions of the availability of the services of Montres CIMIER SA and following the failure of the marketing channels, transmission or information errors regarding prices or incorrect services or errors in order confirmations.

9.3

These exclusions and limitations of the responsibility of Montres CIMIER SA cannot be qualified as a culpable and direct invasion of privacy, bodily injury or health violation caused by Montres CIMIER SA and in the event of compulsory legal regulations.

10. CLIENT RESPONSIBILITY

The Client is responsible vis-à-vis Montres CIMIER SA in an unlimited way for direct proven damage caused through unlawful intent to the contract or by gross negligence. The Client’s responsibility is excluded for gross negligence.

11. GOVERNING LAW

Swiss law is solely applicable to these GTS and possible disputes resulting or linked to the relationship between Montres CIMIER SA and the Client, excluding provisions regarding conflicts of laws.

12. PLACE OF JURISDICTION

The exclusively competent place of jurisdiction for all disputes between Montres CIMIER SA and the Client is situated at the registered office of Montres CIMIER SA. However, Montres CIMIER SA is entitled to file a complaint against the Client at his/her domicile.

13. MODIFICATION OF THE SERVICE OR THE GENERAL TERMS OF SALE

Montres CIMIER SA reserves the right to make changes to the Website, its procedures, terms and conditions, including these GTS, at any time. The Client is subject to the terms and conditions, procedures and GTS in force at the time he/she orders a service from Montres CIMIER SA, unless a change to these terms and conditions or these GTS is required by an administrative or governmental authority (in this case, this modification may apply to prior orders made by the Client). If one of the stipulations of these GTS is reputed to be invalid, null or inapplicable, whatever the reason, this stipulation shall be deemed severable and will not affect the validity or effectiveness of the remaining stipulations.

14. WAIVER

If the Client infringes these GTS and Montres CIMIER SA does not take any action, the latter will always be entitled to use its rights and review procedures in all other situations where the Client has violated these General Terms of Sale.

15. MINORS

Montres CIMIER SA does not sell services to minors. If the Client is under the age of 18, he/she can only benefit from the services of the Website under the supervision of a parent or guardian.

16. DATA PROTECTION

All personal data will be considered to be confidential. The information needed to manage the order will be subject to computer processing and can be communicated to associated companies in the framework of managing the order. Click here to access to the General terms relating to personal data processing.

17. TRADEMARKS REGISTERED BY MONTRES CIMIER SA

Watch Academy by CIMIER and the other brands indicated on the Website are trade names or registered trademarks of Montres CIMIER SA in Switzerland and/or other jurisdictions. The graphics, logos, page headings, buttons, scripts and service names of watch-academy.com are brands or visuals of Montres CIMIER SA. The brands and visuals of Montres CIMIER SA cannot be used for products or services that do not belong to Montres CIMIER SA in a way likely to confuse Clients, or any other ways disparaging, denigrating or discrediting Montres CIMIER SA. All other brands that do not belong to Montres CIMIER SA and that appear on the Website are the property of their respective owners.

18. FINAL PROVISIONS

18.1

The place of the fulfilment of the services of Montres CIMIER SA is the registered office of Montres CIMIER SA.

18.2

The Client renounces the deduction of receivables vis-à-vis Montres CIMIER SA.

18.3

Montres CIMIER SA reserves the right to modify these GTS at any time. The modifications are communicated on the Website and come into force at the time of being put online.

18.4

If some or several provisions of these GTS had to be or become null and invalid or nonapplicable, entirely or in part, this will in no way affect the validity of the other provisions of these GTS or the purchase of tickets. In this case, the parties will replace the null and invalid or non-applicable provision by a valid and applicable provision, which will best meet the economic objective pursued by the provision to be replaced. This also applies in the event where these GTS contained a shortcoming regarding regulations.

19. IDENTIFICATION

Watch Academy by CIMIER is a trade name used by Montres CIMIER SA. Our contact information is as follows: Montres CIMIER SA, Public limited company Route de Soleure 136 2504 Bienne

Bienne, January 2019