PRIVACY POLICY

01 | ACCESS TO THE WEBSITE AND PRIVACY POLICY

Access to the Website, its use, and access to the products and services offered to visitors and customers are governed by this Privacy Policy, the Terms of Use, the General Terms and Conditions of Sale, and all applicable laws. By accessing and browsing the Website, you accept, without limitation or reservation, these conditions and policies.

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This Privacy Policy (the “Policy”) has been created by APOGEE Watches to inform individuals about the terms and conditions under which personal data is collected and processed in the course of its activities.

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The use of the website www.apogeewatches.com and/or placing an order involves the collection and processing of personal information, in accordance with the General Data Protection Regulation (GDPR) No. 2016/679 of the European Parliament and the Council, as well as the Data Protection Act No. 78/17 of January 6, 1978, and its current version (collectively, the “Applicable Laws”).

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We encourage you to regularly review our Privacy Policy to stay informed of any updates.

This Privacy Policy is an addition to the general terms and conditions of sale of APOGEE Watches, which apply specifically to any product orders placed on the website.

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02 | DEFINITIONS

In this Privacy Policy, as per the Applicable Laws, the terms and expressions below, when preceded by a capital letter, have the following meanings:

• “Data”: Refers to any information relating to an identified or identifiable natural person. This may include details such as a name, identification number, location data, online identifier, or other specific elements related to their physical, physiological, genetic, mental, economic, cultural, or social identity.

• “Data Subject”: Refers to any natural person who interacts with APOGEE Watches. This includes anyone who visits the website www.apogeewatches.com, purchases a product on the site, or interacts with the company in-store.

 

03 | DATA PROCESSING CONTROLER

The data processing controller under this Policy is the company APOGEE Watches, a simplified joint-stock company with a capital of 10,000 euros, registered under number XXX XXX XXX RCS TBD_LOCATION. Its registered office is located at 7 allée de la Gare, 91540 Mennecy, France. The company is represented by its President (hereinafter referred to as "APOGEE" or "We").

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04 | DATA COLLECTION AND PROCESSING METHODS

APOGEE Watches may collect and process Data in the following ways:

• When contacting through the website www.apogeewatches.com or by phone: The APOGEE website includes a contact form under the “Services” tab, then the “Contact” section, which allows interested individuals to contact APOGEE and request information about the company and its products. The APOGEE website also enables users to register for the newsletter. Additionally, APOGEE’s customer service is accessible by phone.

• When ordering a product sold by APOGEE: In this case, the creation of a customer account is required, and Data is collected by APOGEE to process the order.

• In the case of contractual relations with APOGEE: This includes, in particular, relationships with APOGEE’s suppliers.

• When using the website www.apogeewatches.com: Browsing the site may generate certain Data through cookies. A cookie management module is available on the APOGEE website, allowing each user to accept or refuse cookies. A dedicated cookie policy is also available at the bottom of the APOGEE website.

• When using social media login features (especially Facebook).

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05 | DATA COLLECTION AND PROCESSING BY APOGEE

APOGEE adheres to the principle of data minimization, ensuring that only Data strictly necessary for the performance of its activities is collected and processed. APOGEE does not sell or trade personal data.

The data collected and processed by APOGEE includes:

• When contacting through the website www.apogeewatches.com: The collected Data is limited to the name, email address, phone number, order number (if applicable), and any Data the Data Subject wishes to share in the contact form (referred to as “Your Message”).

• When ordering a product sold by APOGEE: If ordering through the website, the collected Data includes the buyer’s name, first name, postal address, email address, phone number, the type of product purchased, and information regarding the credit card used for payment.

• During the execution of contractual relations with APOGEE: APOGEE may collect Data necessary to facilitate the execution of contracts, such as invoicing or payment processing. This includes the name and contact details (email address, phone number) of APOGEE’s counterpart.

• In the use of the website www.apogeewatches.com: Some Data related to website usage, such as pages viewed, time spent on the site, type and version of the internet browser used, browser plugins, operating system, browsing path, etc., may be collected automatically.

• When using social media login features: APOGEE may access certain Data (including first name, last name, photograph, email address, phone number, and number of Facebook friends) from your account on the respective social network, in accordance with the terms of use of the social network. We may also collect some Data when you interact with features of these social networks, such as the “Like” button.

 

06 | LEGAL BASIS DATA COLLECTION AND PROCESSING BY APOGEE

APOGEE ensures that no unlawful collection or processing of Data takes place. All Data collected and processed by APOGEE is done under a valid legal basis, as outlined below:

1. Contract or Pre-Contractual Measures: Most Data collected by APOGEE is essential for the performance of contracts, such as sales contracts related to product orders or contracts with APOGEE’s suppliers.

2. Consent: Certain Data is collected and processed based on the explicit consent of the Data Subjects. This includes Data voluntarily shared by individuals, such as through the contact form on the website.

3. Legitimate Interest of APOGEE: APOGEE processes Data collected automatically to generate statistics and enhance its website. Additionally, APOGEE may use Data for marketing purposes, such as sending follow-up emails to Data Subjects who have placed a product in their shopping cart but have not completed the purchase.

 

07 | PURPOSES OF DATA PROCESSING BY APOGEE

APOGEE processes collected Data for specific and legitimate purposes, primarily related to the products and services it offers. These purposes include:

1. Providing Information: Enabling Data Subjects to obtain information about APOGEE and its products.

2. Order Fulfillment: Allowing APOGEE to process and fulfill orders placed on its website.

3. Marketing, Advertising, and Promotion: With your consent, and in compliance with applicable laws, APOGEE may send marketing, advertising, and promotional messages. This may include suggestions or recommendations for products or services that may interest you. Additionally, APOGEE may use your Data to send targeted advertising messages on social media platforms or third-party sites. For more information, refer to the terms and conditions of those platforms.

4. Contractual Obligations: Facilitating APOGEE's ability to meet its contractual commitments and responsibilities.

 

08 | USER OF COLLECTED DATA

APOGEE processes the collected Data for its own use but may share it with third parties in the following cases:

1. Service Providers: Certain Data may be shared with APOGEE’s service providers, such as its accounting or legal firms, particularly in cases of disputes related to an order.

2. Corporate Transactions: In the event of a merger, sale, restructuring, reorganization, dissolution, or other transfer of part or all of APOGEE’s assets (including insolvency proceedings), customer Data may be among the assets transferred to the buyer or successor.

3. Legal Obligations: APOGEE may disclose your Data to comply with court orders or government and regulatory requests.

4. Protection of Rights and Safety: If deemed necessary, APOGEE may disclose Data to protect its rights, property, or safety, as well as that of its customers or stakeholders. This includes sharing information with other organizations to prevent fraud and counterfeiting.

 

09 | DATA RETENTION PERIOD

APOGEE retains Data in identifiable form only for as long as is strictly necessary to fulfill the purposes for which the Data is processed. The retention periods are as follows:

1. Prospect Data:
   Data related to prospects (individuals) is retained for a maximum of three years from the date of the last contact with APOGEE.

2. Customer Data:
   Data related to customers is retained for the duration of the contractual relationship and for up to three years following the last order.

3. Supplier Data:
   Data related to suppliers is retained for the duration of the contractual relationship and for the period required by applicable laws or regulations following the end of the relationship.

These durations ensure compliance with legal obligations and enable efficient management of Data within APOGEE's operational framework.

 

10 | RIGHTS OF DATA SUBJECTS UNDER THE GDPR AND DATA PROTECTION ACT

APOGEE ensures full compliance with the rights granted to Data Subjects under the GDPR and the Data Protection Act. Here is an overview of these rights:

1. Access, Rectification, and Erasure:

   • Any Data Subject can request access to their Data held by APOGEE, request corrections to inaccurate or incomplete Data, or request the deletion of their Data.

2. Restriction and Objection to Processing:

   • Data Subjects can request a limitation of Data processing or object to the processing of their personal Data.

   • Note: Limiting or objecting to Data processing may affect APOGEE’s ability to provide certain services (e.g., processing an order). Additionally, even in cases of objection or erasure, some information may be retained to meet legal obligations.

3. Post-Mortem Data Management:

   • Data Subjects can specify instructions regarding the retention, erasure, or communication of their Data after their death.

   • If no such instructions are provided, APOGEE will retain the Data as outlined in its policies unless heirs request earlier deletion.

To exercise these rights, Data Subjects may:

• Email: Send a message to support@apogeewatches.com

  • Post: Write to
    APOGEE Watches
    Gestion de la donnée
    Rue du Prê Jérôme 23, 1205, Geneva, SWITZERLAND

Important: A copy of an identification document must accompany any request to confirm the Data Subject’s identity. APOGEE will not retain this document after identity verification.

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Data Subjects can opt out of telemarketing by registering on www.bloctel.fr.

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If a Data Subject believes their rights have been violated, they can file a complaint with the relevant Data Protection Authority. In France, this is the CNIL: www.cnil.fr.

 

11 | APOGEE'S COMMITMENT TO DATA SECURITY

As a data controller, APOGEE is fully committed to protecting the personal Data it processes. Below are the key measures APOGEE undertakes to comply with the GDPR (Articles 32-34) and the Data Protection Act (Article 70-13).

Technical Measures

1. Secure Hosting with WIX :

   • Customer Data, including order information, is hosted within the WIX platform.

   • Security measures include two-factor authentication to mitigate risks of unauthorized access.

2. Server Security:

   • Data is stored on servers located either in the European Union or the United States, depending on hosting needs.

   • Hosting providers offer end-to-end encryption and implement robust server security in line with the highest industry standards.

3. Risk-Based Security Measures:

   • Security mechanisms are tailored to prevent risks such as accidental or unlawful destruction, unauthorized access, and Data breaches.

Organizational Measures

1. Restricted Data Access:

   • Access to Data is strictly limited to APOGEE’s executives and staff who need it to perform their roles.

2. Processing Activity Register:

   • APOGEE maintains a detailed and up-to-date Data Processing Register.

   • This register records all personal Data processing activities, ensuring compliance with GDPR documentation requirements.

Continuous Adaptation

APOGEE ensures that both technical and organizational measures are regularly updated and adjusted to mitigate new risks arising from its Data processing activities.

By implementing these measures, APOGEE demonstrates its commitment to safeguarding personal Data and ensuring compliance with relevant laws and regulations.

 

12 | DATA STORAGE AND INTERNATIONAL ACCESS

APOGEE adheres to the principle of storing Data within the European Union (EU) to ensure compliance with European data protection standards.

Primary Storage of Data

• All personal Data collected by APOGEE is hosted on computer servers located within the EU, ensuring compliance with the GDPR and other applicable data protection laws.

Access from Outside the European Union

In some cases, certain Data may be accessed from countries outside the EU. When this occurs, APOGEE guarantees that:

1. Appropriate Contractual Guarantees:

   • Access is regulated by legally binding agreements, such as Standard Contractual Clauses (SCCs), approved by the European Commission.

2. Compliance with European Law:

   • All Data transfers and access comply with the GDPR’s requirements for cross-border Data handling, ensuring adequate protection levels are maintained.

By implementing these safeguards, APOGEE ensures that personal Data remains secure and protected, even when accessed outside the EU.

 

13 | INQUIRIES REGARDING PRIVACY POLICY

For any further inquiries regarding APOGEE's data collection and processing practices, you may contact them at the following email address: support@apogeewatcheswatches.com.

APOGEE will address your concerns promptly and in accordance with applicable data protection laws.