Legal notice

The responsible party within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (DSGVO), is:

HESS Watches
Walter Hess
Wesemlinstrasse 40
6006 Lucerne
Switzerland

T +41 41 322 44 88
info@hessuhren.ch
www.hessuhren.ch

General information

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of their privacy as well as protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations as well as this privacy policy.

In cooperation with our hosting providers, we make every effort to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.

By using this website, you consent to the collection, processing and use of data as described below. This website can generally be visited without registration. In the process, data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address are collected as far as possible on a voluntary basis. No data will be passed on to third parties without your consent.

Processing of personal data

Personal data is any information that relates to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. Furthermore, to the extent and insofar as the EU GDPR is applicable, we process personal data in accordance with the following legal bases in connection with Art. 6 (1) GDPR:

lit. a) Processing of personal data with the consent of the data subject.
lit. b) Processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.
lit. c) Processing of personal data for the fulfillment of a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of a country in which the GDPR is applicable in whole or in part.
lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.
lit. f) Processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject are overridden. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.
We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

Privacy policy for cookies

This website uses cookies. These are small text files that make it possible to store specific information related to the user on the user’s terminal device while the user is using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze behavior patterns of page use, but also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved when you visit the site again. If you do not wish this, you should set your Internet browser to refuse the acceptance of cookies.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of the services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that in this case not all functions of this online offer can be used.

Privacy policy for SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Third party services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.

These services of the American Google LLC use, among other things, cookies and, as a result, data is transferred to Google in the USA, although we assume that no personal tracking takes place in this context solely through the use of our website.

Google has undertaken to ensure adequate data protection in accordance with the US-European and the US-Swiss Privacy Shield.

Further information can be found in Google’s privacy policy.

Privacy policy for contact form

If you send us inquiries via the contact form, your data from the inquiry form including the contact data you provided there will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.

Privacy policy for newsletter data

If you would like to receive the newsletter offered on this website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and agree to receive the newsletter. Further data will not be collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe link” in the newsletter.

Data protection declaration for objection advertising mails

The use of contact data published within the framework of the imprint obligation for the transmission of advertising and information material not expressly requested is hereby objected to. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

Chargeable services

For the provision of chargeable services, we request additional data, such as payment details, in order to be able to execute your order. We store this data in our systems until the legal retention periods have expired.

Use of Google Maps

This website uses the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to comfortably use the map function. By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. This occurs regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment with your profile at Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. For more information on the purpose and scope of data collection and processing by Google, in addition to further information on your rights in this regard and settings options for protecting your privacy, please visit: www.google.de/intl/de/policies/privacy.

Use of Google reCAPTCHA

This website uses the reCAPTCHA service of Google Inc (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). The purpose of the query is to distinguish whether the input is made by a human or by automated, machine processing. The query includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google. For this purpose, your input is transmitted to Google and further used there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with other data from Google. Your data may also be transmitted to the USA in the process. For data transfers to the USA, there is an adequacy decision of the European Commission, the “Privacy Shield”.

Google participates in the “Privacy Shield” and has submitted to the requirements. By pressing the query, you consent to the processing of your data. The processing is based on Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.

You can find more information on Google reCAPTCHA and the associated privacy policy at: https://www.google.com/privacy/ads/

Privacy policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the data controller on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as “Google”.

The statistics obtained enable us to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under “My data”, “Personal data”.

The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 lit. f DS-GVO. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. We would like to point out that on this website Google Analytics has been extended by the code “_anonymizeIp();” to ensure anonymized collection of IP addresses. This means that IP addresses are processed in abbreviated form, which means that they cannot be linked to a specific person. If the data collected about you is related to a person, this is immediately excluded and the personal data is deleted immediately.

Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: Disable Google Analytics.

In addition, you can also prevent the use of Google Analytics by clicking on this link: Disable Google Analytics. This will save a so-called opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your terminal device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you wish to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/end device and must therefore be activated separately for each browser, computer or other end device.

Privacy policy for the use of Google Web Fonts

This website uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font is used by your computer.

You can find more information about Google Web Fonts at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/.

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus, for example, integrate Google Analytics and other Google marketing services into our online offering. The Tag Manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users’ personal data, please refer to the following information on Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.

Privacy policy for Facebook

This website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA . When calling up our pages with Facebook plug-ins, a connection is established between your browser and the servers of Facebook. In the process, data is already transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be associated with your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or the clicking of a “Like” or “Share” button are also passed on to Facebook. You can learn more at https://de-de.facebook.com/about/privacy.

Privacy policy for Instagram

Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.

For more information, please see the privacy policy of Instagram: http://instagram.com/about/legal/privacy/

Newsletter – Mailchimp

The newsletter is sent using the dispatch service provider ‘MailChimp’, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the mailing service provider here. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with the European level of data protection (PrivacyShield). The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and a contract processing agreement pursuant to Art. 28 para. 3 p. 1 DSGVO.

The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletter or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

Privacy policy for YouTube

On this website, functions of the service “YouTube” are integrated. “YouTube” is owned by Google Ireland Limited, a company incorporated and operated under the laws of Ireland with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the services in the European Economic Area and Switzerland.

Your legal agreement with “YouTube” consists of the terms and conditions found at the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de. These Terms constitute a legally binding agreement between you and “YouTube” regarding your use of the Services. Google’s Privacy Policy explains how “YouTube” treats and protects your personal information when you use the Service.

Privacy policy for Vimeo

Plugins of the video portal Vimeo of Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA are integrated on this website. Each time you visit a page that offers one or more Vimeo video clips, a direct connection is established between your browser and a Vimeo server in the USA. In the process, information about your visit and your IP address are stored there. Through interactions with the Vimeo plugins (e.g. clicking the start button), this information is also transmitted to Vimeo and stored there. The privacy policy for Vimeo with more detailed information on the collection and use of your data by Vimeo can be found in the privacy policy of Vimeo.

If you have a Vimeo user account and do not want Vimeo to collect data about you via this website and link it to your membership data stored with Vimeo, you must log out of Vimeo before visiting this website.

In addition, Vimeo calls up the Google Analytics tracker via an iFrame in which the video is called up. This is Vimeo’s own tracking, to which we have no access. You can prevent tracking by Google Analytics by using the deactivation tools that Google offers for some Internet browsers. You can also prevent the collection of data generated by Google Analytics and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link:

https://tools.google.com/dlpage/gaoptout?hl=de

Order processing in the online store with customer account

We process the data of our customers in accordance with the data protection provisions of the Federal (Data Protection Act, DSG) and the EU-DSGVO, in the context of the ordering processes in our online store to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

The processed data includes master data (inventory data), communication data, contract data, payment data and the persons affected by the processing include our customers, prospective customers and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online store, billing, delivery and customer services. In this context, we use session cookies, e.g. for storing the shopping cart content, and permanent cookies, e.g. for storing the login status.

The processing is carried out on the basis of Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfillment of the contract. We disclose the data to third parties only in the context of delivery, payment or in the context of legal permissions and obligations. The data is only processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the request of the customer for delivery or payment).

Users can optionally create a user account, in which they can view their orders in particular. As part of the registration process, users are provided with the required mandatory information. The user accounts are not public and cannot be indexed by search engines, e.g. Google. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c DSGVO. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.

Within the scope of registration and renewed registrations as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as those of users in protection against abuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.

The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is reviewed at irregular intervals. In the case of legal archiving obligations, deletion takes place after their expiry.

Note regarding data transfers to the USA (United States of America)

For the sake of completeness, we would like to point out that for users domiciled in Switzerland, there are monitoring measures by US authorities which generally allow the storage of all personal data from Switzerland – which has been transferred to the USA.

This is done without any differentiation, limitation or exception based on the purposes pursued and without any objective criterion that would make it possible to limit the access of the US authorities to the data and their subsequent use to very specific, strictly limited purposes that could justify the interventions linked to the access to these data as well as to their use. In addition, we would like to point out that in the USA there are no legal remedies available to data subjects from Switzerland that would allow them to gain access to the data concerning them and to obtain its correction or deletion, or that there is no effective judicial legal protection against general access rights of US authorities. We explicitly draw the attention of the data subject to this legal and factual situation so that he or she can make an appropriately informed decision to consent to the use of his or her data.

We would like to point out to users residing in a member state of the EU that, from the perspective of the European Union, the USA does not have an adequate level of data protection.

Copyrights

The copyright and all other rights to the content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named copyright holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and possibly to damages.

General disclaimer

All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and up-to-dateness of information, including journalistic and editorial information. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

The publisher may change or delete texts at his own discretion and without notice and is not obliged to update any contents of this website. The use of or access to this website is at the visitor’s own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, incidental, consequential or punitive damages, allegedly caused by the visit of this website and consequently assume no liability for such damages.

The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked sites are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that may be contrary to public morality.

Changes

We can adapt this data protection declaration at any time without prior notice. The current version published on our website shall apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

Questions to the data protection officer

If you have any questions about data protection, please write us an e-mail or contact directly the responsible person in our organization listed for data protection at the beginning of the privacy policy.

Lucerne, 11.09.2023

Source: SwissAnwalt