01. Website description
The website www.jcbiver.com (the "Website") is owned and operated by jcbiver SA, located at 30, route de Genolier, 1271 Givrins, Switzerland ("jcbiver").
The Website aims to present watches to the user of the Website (the "User"), to inform and to allow the User to contact jcbiver.
02. Use of the Website
03. Limitation of liability
The use of the Website is at the sole and exclusive responsibility of the User. In particular, the User is responsible to comply with local legal provisions.
To the fullest extent permitted by law, jcbiver disclaims all guarantees and liabilities with respect to the Website and its content. In particular, jcbiver does not guarantee that the Website is free of viruses or that it is accurate, complete or up to date. jcbiver cannot be held liable for any damage of any nature whatsoever related to the use of the Website. jcbiver also does not guarantee that the Website will be accessible at all times and expressly reserves the right to cease operating and to terminate the Website at any time without notice.
jcbiver provides no guarantee with respect to the Website and its content, including the availability, accuracy or legal compliance of the information contained therein. jcbiver will not verify, update, or correct this type of information. jcbiver does not guarantee the conformity of the pictures of the watches on the Website with the original models.
04. Links to external sites
The Website may contain links to other websites operated by third parties.
The inclusion of a link to third parties' websites does not imply any endorsement by jcbiver of the content of these websites or any form of association between jcbiver and operators of these websites. The User consults these websites at his/her own risk.
05. Intellectual property
The Website is protected in accordance with the applicable intellectual property rules. In particular, the User acknowledges and agrees that the Website, the trademark jcbiver, the company name jcbiver SA, the logos, distinctive signs, images, and products appearing on the Website are the exclusive property of jcbiver, or that jcbiver benefits from a license to use these rights.
No license or right of use is granted to the User, in particular for commercial purposes. The right to download, copy and print all or part of the Website for the personal and private use of the User is reserved.
The display or broadcasting of the Website on another website for any purpose whatsoever is prohibited. Any link to the Website from another website is prohibited without the prior written consent of jcbiver.
06. Personal data and other information collected by jcbiver through its Website
When the User browses the Website, jcbiver may use automated data collection technologies to collect certain information about the User's actions, in particular IP addresses and domain names accessed by the User, the addresses contained in the URLs of the requested resources, the time of the request, the method used to send the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server and other parameters relating to the User's operating system and computer environment. This data is only subject to statistical analysis for the purpose of improving the Website and generally to carry out jcbiver's activities.
A cookie is a set of information that a browser can store on the User's hard drive that helps the Website to find information about the User's preferences. The cookies placed on the Website are used to collect information on the way the User navigates and uses the Website, in order to allow jcbiver to improve it.
The Website uses the following cookies:
- _ga: this cookie allows Users to be distinguished; and
- _ga_0T0PLSJS3T: this cookie keeps track of the User's session status.
Should the User refuse to consent to the use of the "cookie_consent" cookie, none of the afore-listed cookies shall be used.
For more information regarding cookies: https://www.allaboutcookies.org , which is a website run by an industry body. This link is provided as a convenience and for informational purposes only and does not constitute an approval of any information or opinion by jcbiver. jcbiver bears no responsibility of the accuracy and/or legality of this external site.
08. Google Analytics
10. Data security
Internet is an open network accessible to anyone and does not offer a secure environment. jcbiver uses standard technologies and security measures, rules and other procedures to protect data from unauthorized access, illegal or improper use, disclosure, loss, destruction or damage.
It is the User's personal responsibility to ensure that the computer, the telephone or any other used device are properly secured and protected against malicious software such as Trojans, computer viruses and worms. The User is aware that without adequate security measures (including secure web browser configuration and up-to-date anti-virus software), there is a risk that data and passwords used to protect access to his/her data may be disclosed to unauthorized third parties.
The fact that the User continues to use the Website after such change will constitute his/her agreement to such change. If the User does not accept such change, he/she must immediately stop using the Website.
A version of this text is available in French. However, the English version prevails in the event of any discrepancy.
13. Jurisdiction and applicable law
01. Preliminary remarks
"jcbiver" means jcbiver SA, 30, route de Genolier, 1271 Givrins, Switzerland.
02. Personal Data collected by jcbiver
jcbiver processes Personal Data that it obtains from Data Subjects in the context of their business relationship, when using the Website, when tracking orders or when communicating with Data Subjects (e.g. when questions are asked on the Website).
jcbiver may also process Personal Data which it obtains indirectly through external sources, in particular public sources (for example publications or databases).
Personal Data includes, inter alia:
- Contact data: surname, first name, address, billing address, e-mail address, telephone number, date of birth;
- Financial data: bank account details and billing information;
- Professional information (e.g. employment);
- IP address, as well as information about how the Data Subjects use the Website and applications and the pages they visit;
- and other data similar to the categories mentioned.
03. Purpose and legal bases of the processing of Personal Data
jcbiver processes Personal Data for the following purposes (hereafter the "Purposes"):
(i) To fulfill its contractual obligations
jcbiver processes Personal Data in the course of the performance and management of the contractual relationship between jcbiver and Data Subjects. jcbiver may thus process Personal Data, inter alia:
- to create and manage customer accounts;
- to process and track orders and/or repairs;
- to provide the Data Subjects with information in relation to its products;
- to send administrative information (e.g. purchase invoices); as well as
- for any other Purpose related to the execution and management of its contractual relationship.
(ii) To fulfill its legal and regulatory obligations
jcbiver is subject to various legal and regulatory obligations and has to comply with other legal process and law enforcement requirements, which may include laws outside the country the Data Subjects are located in, including, inter alia:
- to perform checks related to the fight against money laundering and terrorist financing;
- to provide information required by customs authorities in connection with the processing of an order;
- to respond to a request from a judicial or administrative authority;
- to fulfill its transaction reporting obligations.
(iii) To pursue its legitimate interests
jcbiver may also process Personal Data in order to pursue its legitimate interests, and in particular for the following Purposes:
- to manage the Website and jcbiver's IT infrastructure;
- to ensure IT security and IT operations of jcbiver;
- to prove transactions;
- to ensure the maintenance and security of its premises and infrastructure;
- to establish, assert and/or defend actual or potential legal claims;
- for marketing or market and opinion research purposes, unless a Data Subject has objected to the use of its data;
- to analyze, evaluate and improve jcbiver's customer service quality;
- to analyze and anticipate consumption habits, behavior, interests and personal preferences of Data Subjects (profiling), in particular for the configuration of targeted advertising; and
- to personalize the offer of products and services.
(iv) On the basis of the Data Subject's consent for any processing of Personal Data that cannot be based on the Purposes above, in particular for the following Purposes:
- To send invitation to events organized by jcbiver;
- to send its newsletters; and
- for any other Purpose for which the Data Subject has given his/her consent.
In addition, the Data Subject acknowledges that, as long as he/she has granted jcbiver consent to process his/her Personal Data for certain purposes, this processing is legal on the basis of the Data Subject's consent. Consent given may be withdrawn at any time. Withdrawal of consent does not affect the legality of Personal Data processed prior to withdrawal.
The Data Subject further acknowledges that when he/she authorizes a social network (such as Facebook, Instagram, etc.) to share Personal Data with jcbiver, jcbiver may receive any personal data publicly shared by such Data Subject on the relevant social network, such as contact information (e.g. name, electronic address, gender, friends or contact lists) or information published on the Data Subject's profile (e.g. profile picture or preferences).
04. Personal Data transfers
Recipients of Personal Data
Within jcbiver, every department which requires Personal Data to fulfill jcbiver's contractual and legal obligations shall have access to it, on a need-to-know basis only.
In addition, jcbiver may share Personal Data with its subcontractors or commercial partners to carry out operations related to the provision of its products and services, the management of the Website, or more generally to jcbiver's activities.
In particular, jcbiver transfers Data Subjects' Personal Data to the following categories of recipients:
- Service providers for the maintenance or repair of jcbiver's products;
- Website hosts, as well as IT and data storage service providers;
- Payment service providers;
- Providers of communication services (e.g. in connection with the management of jcbiver's newsletters and the social networks used by jcbiver), events organizers, marketing services providers or other services in connection with jcbiver's customer management;
- Legal or administrative authorities, upon request and to the extent permitted by law.
jcbiver may disclose, transfer and/or store Personal Data outside Switzerland:
(i) in the context of the conclusion or execution of contracts directly or indirectly related to the business relationship (i.e. a contract concluded with a Data Subject or with a third party, but in the interest of a Data Subject);
(ii) it is required by law;
(iii) where such a transfer is necessary to safeguard an overriding public interest;
(iv) where such a transfer is necessary to enable jcbiver to establish, enforce or oppose a current or future claim, or to enable jcbiver to handle an investigation by a public authority, in Switzerland or abroad; and
(v) where the Data Subject has given his/her consent.
If such a transfer of Personal Data is made to a country that does not offer an adequate level of protection of Personal Data from a Swiss perspective, jcbiver shall ensure, if required by the applicable regulations, that it obtains the consent of the Data Subject or that it puts in place adequate safeguards, in particular contractual agreements, which may take the form of standard contractual clauses laid down by the European Commission (including the so-called "Swiss finish").
Kindly find below the list of countries to which Personal Data may be transferred or made available:
Data Subjects may obtain further information regarding the transfer of their Personal Data (including recipients, countries of destination and safeguards in place) by contacting jcbiver at the address provided in Section 8 below.
05. Data security and risks related to Internet use
Personal Data may be stored on jcbiver's technological systems or paper files or on those of jcbiver's subcontractors.
In addition, Data Subjects and jcbiver may share Personal Data, inter alia, via the Internet. Internet is an open network accessible to anyone and does not offer a secure environment. Even though jcbiver uses standard technologies and security measures to protect Personal Data from unauthorized access, illegal or improper use, disclosure, loss, destruction or damage, the use of Internet may still lead to the disclosure of Personal Data of the Data Subject outside of Switzerland.
In addition, any connection to the Internet - even crypted - carries the risk of unintentionally downloading viruses or cookies, or of allowing third parties to surreptitiously access the Data Subject's computer and the data on it. The Data Subject therefore acknowledges and accepts this risk.
Similarly, no security device, even one based on the most recent technical developments, can guarantee absolute security on the part of both jcbiver and the Data Subject. The terminal (e.g. the Data Subject's computer) is beyond jcbiver's control and may constitute a weak point in the system. In particular, there is a latent risk that a third party may access the Data Subject's terminal without the Data Subject's knowledge when sharing data via the Internet. Therefore, the Data Subject understands and accepts that, despite all security measures, jcbiver cannot, for technical reasons, assume any responsibility in this respect.
06. Personal Data retention
In principle, jcbiver retains Personal Data as long as jcbiver needs it to achieve the Purposes or until the Data Subject withdraws his/her consent, or exercises his/her right to be forgotten, provided that jcbiver is not legally required or permitted to continue to hold such Personal Data (e.g. to establish, exercise and/or defend its rights as part of legal proceedings, investigations, or similar proceedings).
Data Subjects may obtain additional information about the retention period of their Personal Data, or the criteria used to determine that retention period, by contacting jcbiver at the address provided in Section 8 below.
07. Rights of Data Subjects and contact
Subject to the limitations provided for by the applicable regulations, each Data Subject has the following rights:
- the right to access his/her Personal Data (incl. to obtain a copy of his/her Personal Data);
- the right to withdraw at any time the consent given for the processing of his/her Personal Data;
- the right to have his/her Personal Data rectified if it is inaccurate or incomplete;
- the right to request the deletion of his/her Personal Data when it is no longer necessary for the Purposes for which it was collected or processed or when the Data Subject has withdrawn his/her consent (in cases where the processing of the Personal Data in question is based on the consent of the Data Subject);
- the right to object at any time to the processing of his/her Personal Data for marketing purposes, including profiling;
- the right to object on legitimate grounds to the processing of his/her Personal Data;
- the right to request a limit on the processing of his/her Personal Data;
- the right to receive his/her Personal Data he/she has provided, in a commonly used and machine-readable format; and
- the right to file a complaint with the competent supervisory authority concerning the processing of his/her Personal Data.
Even where a Data Subject objects to the processing of his/her Personal Data, jcbiver is entitled to continue the processing if it is:
(i) required by law;
(ii) necessary for the performance of a contract to which the Data Subject is a party;
(iii) necessary for the performance of a task carried out in the public interest, or
(iv) necessary for jcbiver's overriding legitimate interests, including the establishment, exercise or defense of legal claims.
jcbiver will not use for direct marketing purposes the Personal Data of Data Subjects who object to such processing.
In addition, jcbiver draws the attention of the Data Subject to the fact that, in the absence of certain of his/her Personal Data (or if the Data Subject exercises his/her right to object to the processing of his/her Personal Data), jcbiver may not be able to provide the Data Subject with the service or product for which the processing of such Personal Data is required.
A version of this text is available in French. However, the English version prevails in the event of any discrepancy.