PRIVACY NOTICE

1. Scope

      1.1. This is the privacy notice (the " Notice ") of Tissot Ltd, Chemin des Tourelles 17, 2400 Le Locle, Switzerland (" Tissot ", " we ", " us ", " our ") which provides information regarding the processing of personal data obtained in connection with your use of, and interaction with this application (the " App "); our connected watch (the " Watch "); and by synchronizing the Watch with the App. This Notice also applies when you use our webportal at userportal.prod.tissotsmartwatch.com (the " Portal ") to download a backup of your data.

      1.2. Tissot is the controller for the purpose of this Notice.

      1.3. We reserve the right to amend this Notice from time to time. Each time this Notice is updated, you will be asked to accept it anew upon launching the App. This App cannot be used without accepting this Notice.

      1.4. In handling your personal data and information, Tissot complies with privacy laws applicable in the countries where we directly distribute the App and the Watch.

      1.5. In the event of a data or privacy breach, we have established procedures for notifying the relevant authority and the individual affected (where necessary), including setting out the reasonable steps we have taken to mitigate the effects of a data or privacy breach, should we be required to do so by law.

      1.6. The Notice currently in place is dated 1 November 2023.

2. What personal data do we collect from you?

      2.1. We collect and process personal data that you provide us through the App; by synchronising it with the Watch; by registering an account; and by using certain interactive functions (such as subscribing to a service, participating in a marketing promotion, or taking part in surveys).

      2.2. Such personal data may consist of:

            2.2.1. information relating to your user account (such as your name, username, email address or password);
            2.2.2. information that you choose to provide through the App or the Watch (such as your weight, height or age);
            2.2.3. data gathered by the Watch upon request by you (such as your location, your heart-rate frequency or your movements);
            2.2.4. certain meta-data related to notifications, calls, messages or calendar alerts (such as caller/sender-identification, duration, time and date, format, size, used application, alerts, etc.) in connection with notifications shown on your Watch (when activated);
            2.2.5. data which can be determined from the use of the Watch and/or the App (such as calorie consumption or recommended daily movements);
            2.2.6. data you provide about your interests, which are stored in connection with the activation and use of functions in the App, such as your preferred type of sport or your favourite team/sportsperson;
            2.2.7. data that we may obtain from our third-party providers and which are stored in connection with the activation and use of the App.

      2.3. We automatically collect generated data on use which are stored in connection with your use of the App, such as traffic data, location data, IP address, device recognition, operating system type and release, meeting dates, preferences, settings and other communication data.

3. On which basis do we process your personal data?

      3.1. We process your personal data on the basis of:

            3.1.1. your consent (such as by installing our App, activating your account or synchronising with the Watch);
            3.1.2. our legitimate interests (such as to satisfy data storage requirements which are relevant to billing);
            3.1.3. the performance of a contract (such as the use of a paid service).

      3.2. Certain data are processed on the basis of other legitimate business interests, which may include:

            3.2.1. gathering market intelligence, promoting products and services, communicating with and tailoring offers to you (with your consent, where required by applicable law);
            3.2.2. delivering and improving our products or services;
            3.2.3. management of customer, client, vendor and other relationships, sharing intelligence with internal stakeholders, implementing safety procedures, and planning and allocating resources and budget;
            3.2.4. monitoring, detecting and protecting the organisation, its systems, network, infrastructure, computers, information, intellectual property and other rights from unwanted security intrusion, unauthorised access, disclosure and acquisition of information, data and system breaches, hacking, industrial espionage and cyberattacks;
            3.2.5. protecting and developing industry standards; sharing intelligence internally about individuals or concerns that may have a negative or detrimental impact on us; and following industry best practices; or
            3.2.6. complying with industry standards, regulators’ requirements and other requirements related to fraud prevention and anti-money laundering.

4. For which purposes do we process your personal data?

      4.1. We process your personal data for the following purposes:

            4.1.1. to authenticate you as owner of your personal data stored on our system, provide services to you and respond to inquiries, feedbacks 4.1.1. or complaints made by you;
            4.1.2. to display content in the most effective manner for you;
            4.1.3. if you fill out a contact form providing your name, email address, telephone number, preferences, etc., we may use your data for answering your questions, sending you information or performing other tasks that you ask us to;
            4.1.4. if you use the Portal, to provide you with a backup of your personal data;
            4.1.5. if you participate in a marketing promotion, in which case we use the data you provide in this context to manage your participation, for example, to send you an invitation for an event or to determine and contact the winner of a contest;
            4.1.6. if you answer one of our queries and provide us with personal data such as name, age, occupation, etc., then we use this data to analyse the query results and draw conclusions therefrom;
            4.1.7. if you consent to receiving marketing information where prompted, then we may use your data to send you promotional materials and other communications, to communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs, offers, surveys and market research, to provide advertisements to you about our products and services, to tailor your use of the Watch and the App, marketing experience, and communications;
            4.1.8. if you interact with us on social networks, then we process your data for such interaction with you on these networks (please note that our interactions with you on a third-party social network would be subject to that network's privacy policies and terms of use);
            4.1.9. we also process your personal data to comply with and enforce applicable legal requirements, our terms of use, relevant industry standards, contractual obligations and our policies and to prevent misuse or inappropriate use of our systems.

      4.2. We may process your personal data in a centralized system that allows enhancing your brand experience by tailoring our communication and marketing efforts to make them as relevant and useful as possible for you (profile building). For 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 provide information concerning your age, income, hobbies or travel activities then we may mirror this data against your purchase behaviour and other information we have obtained from you in order to approach you with offers, invitations or promotions that we believe specifically fit your interests (subject to your consent where required by applicable law).

      4.3. We may send you data by push technology based on your interaction or settings of the App and the Watch, such as call and message notifications or calendar alerts. If you wish to stop receiving push notifications from us, you can turn off push notifications from the App either within the App or in the settings of your mobile device.

      4.4. We process metadata that we collect from you to improve our App and Watch, analyse traffic pattern and App/Watch usage, for targeted marketing (with consent, where required by applicable law), to develop and analyse aggregate statistics and demographics, or optimize 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 for them to use the data on their own behalf and under their own control (controllers):

            5.1.1. our parent company The Swatch Group Ltd, Seevorstadt 6, 2501 Biel/Bienne, Switzerland (“ Swatch Group ”);
            5.1.2. Swatch Group affiliates in the particular country or region in which you reside or in which you purchased your Watch;
            5.1.3. Swatch Group affiliates in the countries where our brand is represented as indicated when we collect your personal data.

      5.2. We may transfer your personal data to the following recipients or categories of recipients acting on our behalf and/or as partners (processors), limited to the purpose of the execution of their obligations, which are contractually bound to adhere to an adequate level of data protection when processing your personal data (for example to fulfil orders, deliver packages, process credit card payments, provide customer service, send postal mail and e-mail, store and process data, host websites, remove repetitive data from customer lists, analyse data, provide marketing assistance, execute customer satisfaction surveys, provide customized advertising):

            5.2.1. Swatch Group;
            5.2.2. Swatch Group affiliates;
            5.2.3. our data processing centres;
            5.2.4. our third party service providers.

      5.3. The data you provide us through the Watch, the App or the Portal will only be processed in Switzerland. Exceptionally, and only if you request that your personal data be shared with a third-party (see section 5.6 below), we may transfer your personal data internationally, including to countries that are not considered to be providing an adequate level of data protection by the relevant regulatory bodies, for example to countries not considered by the European Commission or the Swiss Federal Council to be providing such level. In such case, we ensure the adequate protection of your personal data by having the recipients 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 10 below).

      5.4. We may disclose your personal data in connection with a proposed or completed merger, acquisition or sale to an acquirer if Tissot or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

      5.5. 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 Tissot or any member of Swatch Group, our customers, or others. This includes exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction.

      5.6. This App may contain links to and from the websites or other services of our partner networks, advertisers, affiliates and third-party providers (such as Strava, Google, Apple, etc.). If you follow a link to any of these websites or if you choose to share your personal data with such third-parties, you acknowledge and agree that such data will be transferred and processed in accordance with the privacy policies and terms of use of such third-parties and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data with such third-parties.

6. For how long do we process your personal data?

      6.1. We process your personal data:

            6.1.1. until you withdraw your consent for future processing (for example until you delete your account with us);
            6.1.2. until we are sure that you are satisfied after you have approached us (such as to ask a question, to request information, etc.) but no longer than twelve (12) months after the last contact, unless we can rely on another legal or business justification, have informed you otherwise or you have given your consent for a longer retention period;
            6.1.3. in connection with a customer service transaction for the time 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 legal or business justification, have informed you otherwise or you have given your consent for a longer retention period;
            6.1.4. for as long as laws require us (such as legal retention obligations based on bookkeeping or tax laws and regulations.

      6.2. When we stop processing your personal data as listed above, we will destroy or anonymize your personal data.

7. Cookies

      7.1. When accessing our services, we use cookies, which are small text files sent from the server and stored by your browser or the App on your device’s persistent storage.

      7.2. We use cookies named JSESSIONID and x-ms-cpim-* on our Portal and App to uniquely identify your session while you are using the App or the Portal. These cookies are strictly necessary, first-party session cookies, which are deleted at the end of your session.

      7.3. We neither create nor use any other cookies.

8. Security of your personal information and data

      8.1. All information is stored electronically (requiring logins and passwords) or physically (in secured premises). Only authorised persons are permitted to access your personal data or information. We take reasonable steps in the circumstances to ensure that the personal information and data we hold is accurate, relevant and is protected from misuse, interference, loss, unauthorized access and modification or disclosure.

9. What are your rights?

      9.1. Subject to applicable law, you have the right:

            9.1.1. to request from us access to and rectification or deletion of your personal data;
            9.1.2. to request us to restrict the processing of your personal data, in particular to object to the processing of your personal data for direct marketing purposes;
            9.1.3. to request from us to provide you or any person or entity you appointed with a digital file of your personal data; and
            9.1.4. to request the evidence of consent given.

      9.2. You may easily obtain a backup copy of your personal data by visiting the Portal and entering your account information.

      9.3. You may withdraw your consent that allows us to process your personal data for the indicated purposes at any time.

      9.4. To exercise the above rights, you may contact us as indicated below.

      9.5. You also have the right to lodge a complaint with the competent authority.

10. How can you contact us?

      10.1. For any questions or to exercise your rights, you may contact us as follows:
            Tissot Ltd
            Chemin des Tourelles 17
            2400 Le Locle
            Switzerland

            Email-address: mydata@tissot.ch

      10.2. For the contact details of our respective representatives or data protection persons within the European Union, please consult our List of EU Representatives.