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Terms of use

Terms of use

The company name CHRONOMETRIE FERDINAND BERTHOUD SA, VAL-DE-TRAVERS is called here in the text FERDINAND BERTHOUD.

1. LEGAL INFORMATION

1.1. The website www.ferdinandberthoud.ch (the “Website”) is the property of Chronométrie Ferdinand Berthoud SA, Val-de-Travers, and use thereof is governed by the following terms of use (“Terms of Use”).

1.2. By accessing, browsing and using the Website, you agree to comply with and be bound by these Terms of Use, including confidentiality. Please take the time to read these Terms of Use carefully. If you disagree with any clause contained in these Terms of Use, please exit the Website immediately.

1.3. FERDINAND BERTHOUD may, from time to time, revise, change, modify and/or remove any part of these Terms of Use at its sole discretion. The most recent version of these Terms of Use takes effect as soon as it is published online.

1.4. The Website may be administrated and operated from different locations. The Website is accessible worldwide. If you choose to access the Website from outside Switzerland you do so at your own risk and you are solely responsible for complying with local laws.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. FERDINAND BERTHOUD has the exclusive rights, title, and interest (unless stated otherwise) to the Website’s Intellectual Property Rights, including but not limited, to its content.

2.2. Intellectual Property Rights include all intellectual property rights of whatever nature without limitation: all texts, graphics, user and visual interfaces, photos, images, illustrations, trademarks, logos, layout, video clips, audio clips, sound, music, design, know-how, technology, drawing, products, artwork and other materials appearing on the Website, and future rights of copyright, as well as all rights to software programs, code and supporting documentation, moral rights, image rights, patents, trademarks, trade names, goodwill, internet domain names, registered and unregistered design rights, data, database rights and all other intellectual property rights (whether registered or not) or other rights or forms of protection having equivalent or similar effect anywhere in the world, insofar as these rights have been created by FERDINAND BERTHOUD or its employees.

2.3. Except as provided for under §3 hereinafter, nothing contained on the Website shall be interpreted as granting licence or the right to use any content on the Website.

3. USE OF THE WEBSITE

3.1. The data contained on the Website is presented for information and promotional purposes only.

3.2. The information provided is for your personal use only. You may download, display or print the information appearing on the Website exclusively for personal and non-commercial purposes, provided that the copyright notice is retained on each copy and you do not change any trademark or other notification of ownership. Downloading or reproduction of any document or software gives you no right, title or interest with respect to said documents or software.

3.3. Any other use, including reproduction for purposes other than personal non-commercial use, modification, dissemination, publication, distribution, transmission, creation derivative works form, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except with FERDINAND BERTHOUD prior written consent.

3.4. FERDINAND BERTHOUD neither warrants nor guarantees that use of any content displayed on its Website will not infringe on third party rights.

4. INFORMATION DEEMED NON-CONFIDENTIAL AND SUGGESTIONS

4.1. Any personal identification or information sent via the Internet to the Website is protected and treated according to FERDINAND BERTHOUD Privacy Policy. FERDINAND BERTHOUD invites you to read the Privacy Policy carefully before sending any such personal identification or information.

4.2. You hereby accept that all comments, suggestions, drawings, concepts, photos, testimonials or any other documents (except for your private confidential information) communicated or entrusted to FERDINAND BERTHOUD through its Website or by any other means (“Suggestions”) shall not be deemed as confidential and shall not be your property.

4.3. All Suggestions automatically become the property of FERDINAND BERTHOUD as soon as they are made. Making a Suggestion transfers all rights, titles and interests, including the copyrights, linked to the Suggestions to FERDINAND BERTHOUD. FERDINAND BERTHOUD has no obligation (i) to preserve the confidential nature of any Suggestion; (ii) to financially compensate anyone in exchange of or in connection with a Suggestion; or (iii) to reply to or acknowledge receipt of any Suggestion made to it.

4.4. You hereby guarantee that no Suggestion made infringes on the rights of a third party, with respect to copyright, registered trademarks, patents, trade secrets, private life or any other personal or property rights. By making a Suggestion, you acknowledge that FERDINAND BERTHOUD can (but is not obliged to) copy, publish, disseminate or use this Suggestion for any purpose, including, but not limited to, advertising, promotional or product development purposes or any other commercial purpose, without any financial compensation being payable to you or to any other person. You are and shall remain liable for the content of any Suggestion made by you.

4.5. FERDINAND BERTHOUD enjoys a worldwide reputation for both the design and manufacture of grande complication and high quality watches. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect FERDINAND BERTHOUD creations. As a result, FERDINAND BERTHOUD will not agree to or accept being the receiver of unsolicited proposals of collaboration and it is possible that FERDINAND BERTHOUD may already be working on similar ideas. Consequently, you are advised that FERDINAND BERTHOUD is not interested in receiving ideas or other proposals.

5. DISCLAIMER OF WARRANTIES

5.1. Any materials, information or website content are supplied “as is” in terms of their availability, and with no guarantee of any sort, express or implied, including, amongst others, implied warranty of merchantability or suitability for any particular purpose.

5.2. FERDINAND BERTHOUD carries no liability and cannot guarantee that the information contained on the website is accurate, complete and up-to date, or that the website contains no defect and that any existing defects will be corrected. By using this website, you agree to do so at your own risk and assume full responsibility for any problems inherent in using it, any loss of data and costs related to any assistance or repair to any hardware and/or software used by you for connecting to the website, and you agree that FERDINAND BERTHOUD bears no liability whatsoever for any damage that may be caused by, result from or be connected to your use of the website.

5.3. If you communicate with us by e-mail, you should note that the security of internet e-mail is uncertain. By sending sensitive or confidential e-mail messages, you accept the risk inherent to such uncertainty and possible lack of confidentiality over the internet.

6. LIMITATIONS OF LIABILITY

6.1. You access, use, browse and navigate on the website at your own risk.

6.2. You accept that, to the fullest extent permitted by applicable regulations, FERDINAND BERTHOUD shall not, under any circumstances, be held liable for actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, even if FERDINAND BERTHOUD was previously informed of the possibility of such damage, whether during a contractual action, a prejudice or any other theory, resulting from, or connected to the use, incapacity to use or execution of information, products or documents on this website.

6.3. All materials downloaded or obtained in any other manner during the use of the website are at your own risk. FERDINAND BERTHOUD takes no responsibility for any damage or virus which might affect your computer equipment or other property by reason of your access to, use of, or downloading of any material from its website or for any illegal intrusion or intervention in the it system.

6.4. FERDINAND BERTHOUD reserves the right to interrupt or discontinue any or all of the functionality of its website. FERDINAND BERTHOUD accepts no responsibility or liability whatsoever for any interruption or discontinuing of any or all functionality of its website resulting from actions or omissions of FERDINAND BERTHOUD or any third party.

7. CHANGE OF INFORMATION

7.1. The content of the Website may contain inaccuracies or typographical errors. FERDINAND BERTHOUD reserves the right to make changes, corrections, and/or improvements to such content at any time without prior notice but does not assume any responsibility to do so.

7.2. The style, drawing and colours of FERDINAND BERTHOUD products featured on the Website may be modified without prior notice.

8. AVAILABILITY OF PRODUCTS AND SERVICES

8.1. The products featured on the Website are representative of FERDINAND BERTHOUD collection. However, not all FERDINAND BERTHOUD products are featured on the Website.

8.2. The Website may contain information on FERDINAND BERTHOUD products and services, not all of which are available in every location. A reference to a product or service on the Website does not imply that such product of service is or will be available.

8.3. While every effort is taken to try to ensure that the colour, design, style, reference number, description and size of the products featured on the Website are representative of the original products, variation may occur. FERDINAND BERTHOUD shall not be liable for any error or inaccuracy in the description, reference and in the photographs or graphical representations of products displayed on the Website. FERDINAND BERTHOUD will not be liable for such errors and is under no obligation to deliver the products and/or pay any damages whatsoever. Any questions about products can be directed to the FERDINAND BERTHOUD Customer Service Department by using the contact form.

9. LINKS

9.1. The Website may contain links to other Internet websites that are not operated or controlled by FERDINAND BERTHOUD. Those addresses or links are provided solely as supports to assist you to locate other Internet websites that may be of interest.

9.2. FERDINAND BERTHOUD has not reviewed any of the websites which link to the Website. FERDINAND BERTHOUD shall not be held liable for the availability or content of such websites or any article contained on or obtained through such websites.

9.3. Any links to off-sites pages or other websites are set up at your own risk. Any link to another website or any reference to information, products or services supplied by third parties, in no way implies that FERDINAND BERTHOUD has given its approval concerning those websites or articles. Any question or comment concerning any other website must be sent to that website’s operator. No link with the Website is authorized without FERDINAND BERTHOUD prior written approval.

10. MISCELLANEOUS

10.1. The present Terms of Use embody the full agreement concluded between FERDINAND BERTHOUD and yourself concerning the access and use of the Website and its content.

10.2. These Terms of Use, as well as your use of the Website and any agreement between us, shall be governed by and construed in accordance with the laws of Switzerland without giving effect of conflicts of law principles thereof. Any dispute, controversy or claim arising out of or in connection with this Agreement is subject to the exclusive jurisdiction of the ordinary courts of the canton of Neuchâtel, Switzerland, with the exception of an appeal to the Swiss federal Court.

CHRONOMETRIE FERDINAND BERTHOUD SA, VAL-DE-TRAVERS
Rue des moulins 20, 2114 Fleurier – Switzerland

Last date modified on September 5, 2014

PRIVACY POLICY

1. INTRODUCTION

We, the Chronométrie Ferdinand Berthoud, whose undertakings include Chopard’s parent company “La Chronométrie Ferdinand Berthoud” located in Switzerland and its affiliated companies, (hereinafter “Ferdinand Berthoud”, “we”, “us”) are committed to protecting your privacy while continuously improving the services we offer you.

The Ferdinand Berthoud Privacy Policy (hereinafter the “Privacy Policy”) intends to give you all the information regarding the processing (e.g. collection, use, recording, storage or transfer) of any personal data that we may collect through our online platforms (website, applications, social networks) (hereinafter the “Ferdinand Berthoud Platforms”) or when you fill out the Ferdinand Berthoud Client Form (hereinafter the “Client Form”) in our boutiques or customer service centers, when we organize an event, or through any other form of interaction.

The Privacy Policy will answer the following questions:

  • WHAT IS PERSONAL DATA AND HOW DO WE COLLECT IT?
  • WHAT KIND OF PERSONAL DATA DO WE COLLECT?
  • WHEN DO WE COLLECT YOUR PERSONAL DATA?
  • FOR WHAT PURPOSES DO WE USE YOUR PERSONAL DATA?
  • HOW LONG IS YOUR PERSONAL DATA STORED?
  • DO WE SHARE YOUR PERSONAL DATA WITH THIRD PARTIES? IF SO, WITH WHOM?
  • DO WE TRANSFER YOUR PERSONAL DATA OUTSIDE SWITZERLAND OR EUROPEAN UNION?
  • WHAT RIGHTS DO YOU HAVE REGARDING YOUR PERSONAL DATA?
  • TO WHOM SHOULD YOU ADDRESS ANY REQUEST ABOUT YOUR PERSONAL DATA?
  • HOW CAN YOU CONTACT US?
  • HOW DO WE GUARANTEE THE SECURITY OF YOUR PERSONAL DATA?
  • HOW DO WE GUARANTEE THE PROTECTION OF YOUR PERSONAL DATA IF YOU ARE UNDER 16 ?
  • CAN WE CHANGE THIS PRIVACY POLICY?

The Privacy Policy does not apply to the personal data collected by other third party websites or applications that may provide links to or be accessible from any of the Ferdinand Berthoud Platforms. We are not responsible or liable for the privacy policies and practices of third-party websites and applications.

 2. THE COLLECTION OF YOUR PERSONAL DATA BY FERDINAND BERTHOUD

WHAT IS PERSONAL DATA AND HOW DO WE COLLECT IT?

We may collect personal information about you (as an identified natural person) or which allows us to identify you (hereinafter your “Personal Data”) in various ways and circumstances, including:

  • when you visit any of our Chopard Platforms, particularly when your register on our websites or fill out our Contact Us Form
  • when you visit our boutiques, points of sale or offices
  • when you purchase a Chopard product or request customer service
  • when you interact with us via email or telephone
  • when you fill out any forms in our boutiques, customer service centers or in the context of events, including the Client Form (printed or electronic)
  • through some of our commercial and advertising partners (always with your explicit consent)

WHAT KIND OF PERSONAL DATA DO WE COLLECT?

Depending on the purpose and the way you interact with us, we may collect information (that may constitute Personal Data) which you actively give us, such as:

  • contact information (name, postal address, email address and telephone number)
  • information provided in relation to purchases and transactions (credit card information and information required by anti-money laundering laws)
  • other personal information, including information regarding your preferences and personal and/or professional interests, such as date of birth, marital status, gender, nationality, demographics, and experiences with our products and contact preferences, your professional situation (professional title, company/employer, professional contact details), your interests (sports, leisure) and your lifestyle
  • customer service information (such as customer service requests, comments, feedback, complaints and repair history)

We may also collect other types of information (that may constitute Personal Data) by automated means, or indirectly from you or from third-party websites or social networks such as:

  • information relating to the use of our Ferdinand Berthoud Platforms, including the browser name and the type of device you are using, as well as technical data about how you connect to our Ferdinand Berthoud Platforms. Please consult our Cookie Policy to obtain detailed information about cookies we use and how we use them.
  • images taken through our video surveillance system in Ferdinand Berthoud boutiques, points of sale or offices
  • any other information that you share publicly on third-party social networks as part of your interaction with Ferdinand Berthoud

WHEN DO WE COLLECT YOUR PERSONAL DATA?

We guarantee that we process your Personal Data only if and to the extent that at least one of the following legal provisions applies:

  • You have given us explicit consent to process some of your Personal Data for one or more specific purposes (e.g. so that you can use our Chopard websites, receive newsletters, or be contacted through the “Contact Us” form)
  • Processing is necessary for the performance of a contract (related to your purchase, repair order or other services) or in order to take steps at your request prior to entering into such a contract
  • Processing is necessary for compliance with a legal obligation to which we are subject
  • Processing is necessary for the purposes of the legitimate interests that we pursue (e.g. security purposes)

3. THE USE OF YOUR PERSONAL DATA BY FERDINAND BERTHOUD

FOR WHAT PURPOSES DO WE USE YOUR PERSONAL DATA?

We may use your Personal Data for the following purposes:

Marketing and promotional purposes:

  • Sending you personal invitations to Ferdinand Berthoud events as well as corporate and marketing communications (including content and news from the Ferdinand Berthoud world, gifts and catalogs) corresponding to your interests and personal preferences
  • Sending you the Ferdinand Berthoud e-newsletter so that you will be the first to know about our creations, events, initiatives and personalized services corresponding to your interests and personal preferences

Business purposes:

  • Processing your orders, purchases and deliveries
  • Providing you with customer service

Support purposes:

  • Providing you with information about our Ferdinand Berthoud Platforms, products and services
  • Answering your requests
  • Managing, maintaining and optimizing our Ferdinand Berthoud Platforms, providing support and security services

Legal purposes :

  • Preventing fraud and other prohibited or illegal activities and guaranteeing the safety and security of our Ferdinand Berthoud platforms, boutiques and offices
  • Complying with our billing and accounting requirements and other legal or regulatory obligations (e.g. anti-money laundering obligations)

HOW LONG IS YOUR PERSONAL DATA STORED?

Unless required by law or because of security imperative for another time period, we may store or otherwise process your Personal Data as long as it is necessary to satisfy the purposes described hereinabove and insofar as you do not withdraw your consent for its processing (either for one or several purposes) or exercise your right to be forgotten before the expiration of any of these time periods (by any of the means described below under the “How can you contact us?” section). Your Personal Data will be stored in a manner compatible with legal obligations, available technology and cost of implementation.

DO WE SHARE YOUR PERSONAL DATA WITH THIRD PARTIES? IF SO, WITH WHOM?

We may only share your Personal Data within the Chronométrie Ferdinand Berthoud and with third parties in the few following cases:

  • service providers supporting us in our business operations (e.g. to deliver products, allow payment authorization, for the organization of events or for sending our Ferdinand Berthoud e-newsletter, to support, manage and maintain our Ferdinand Berthoud Platforms, mitigate risk, help prevent fraud and promote trust and safety)
  • third parties, courts or regulators if it is required by law or in connection with a legal claim or proceeding or to fight against fraud

We expect all these third parties to provide necessary guarantees of confidentiality and security and to take appropriate organizational and technical measures in compliance with the applicable laws. Our service providers may only process the Personal Data we share with them according to and within the limits of our instructions.

DO WE TRANSFER YOUR PERSONAL DATA OUTSIDE SWITZERLAND OR THE EUROPEAN UNION?

When we share your Personal Data under the circumstances described hereinabove, we may transfer it to a destination outside Switzerland or the European Union. In any case, such transfers will be only executed if the competent authorities have confirmed the adequacy of the country’s level of protection or if we can offer you other appropriate safeguards. You can obtain additional information on the appropriate safeguards by contacting us (see the section “How can you contact us?” below).

4. YOUR RIGHTS

WHAT RIGHTS DO YOU HAVE REGARDING YOUR PERSONAL DATA?

  • The right of access: You have the right to know what Personal Data has been collected about you and how such Personal Data has been processed.
  • The right to rectification: You have the right to request changes to inaccurate Personal Data.
  • The right to object: You may declare that you do not want your Personal Data processed (in whole or in part) at any time.
  • The right to be forgotten: You may exercise this right particularly when you no longer consent to the processing of your Personal Data. You have the right to withdraw your consent anytime (by any of the means described below under the “How can you contact us?” section). The right to be forgotten is not an absolute right and only applies in certain circumstances.
  • The right to restrict processing: You have the right to limit the processing of your Personal Data, i.e. limit the way we use your Personal Data. This is an alternative to exercising your right to be forgotten. This right is not an absolute right and only applies in certain circumstances.
  • The right to be informed: You have the right to obtain any and all information regarding the processing of your Personal Data that is clear, correct, comprehensive and easy to access.
  • The right to data portability: You have the right to transfer (or to ask for the transfer of) your Personal Data from one electronic processing system to another electronic processing system.
  • The right in relation to automated decision making or profiling: You have the right not to be subject to a decision based solely on automated processing, such as profiling.
  • The right to lodge a complaint: You have the right to lodge any complaint that you may have with a supervisory authority.

These rights may be subject to exceptions or limitations (e.g. when your Personal Data has been processed for security purposes or stored for legal or contractual obligations) and must account for available technology and the cost of implementation.
In certain cases, we will need to verify your identity before processing a request you may have based on the above-mentioned rights.

TO WHOM SHOULD YOU ADDRESS ANY REQUEST ABOUT YOUR PERSONAL DATA?
All Personal Data collected by Ferdinand Berthoud is controlled by us. As a controller, we determine the purposes and means of the processing of your Personal Data.

Specifically, Ferdinand Berthoud’s controller is the company Le petit-fils de L.U. Chopard & Cie SA, rue de Veyrot 8, 1217 Meyrin 1, Geneva, Switzerland.
If you would like to exercise any of your rights as described in this Privacy Policy or if you have any question or concerns about this Privacy Policy, please contact us (see below).

HOW CAN YOU CONTACT US?

  • Through the “Contact Us” form (https://www.ferdinandberthoud.ch/en/contact-us)
  • By writing to the Ferdinand Berthoud Data Protection Officer, Rue de Veyrot 8, 1217 Meyrin 1, Geneva, Switzerland
  • By signing the consent withdrawal in the Client Form (for withdrawing your consent only)

HOW DO WE GUARANTEE THE SECURITY OF YOUR PERSONAL DATA?
We use the appropriate technical, organizational and administrative security measures to protect any Personal Data we process from loss, misuse, unauthorized access, disclosure, alteration and destruction.
Nevertheless, even if we strive to protect your Personal Data, we cannot guarantee the security of the information you transmit on our Ferdinand Berthoud Platforms when transferred over the Internet on unsecure networks.

HOW DO WE GUARANTEE THE PROTECTION OF YOUR PERSONAL DATA IF YOU ARE UNDER 16 ?

Note to children under 16: We will not knowingly collect or otherwise process (particularly through our Ferdinand Berthoud Website) any Personal Data from anyone under the age of 16. If you are under 16, please ask one of your parents (or another legal guardian) to register and/or fill out the Client Form for you. Please do not submit any of your Personal Data to us. Should we discover or be informed that we have mistakenly collected your Personal Data, we will immediately delete such information from our records.

Note to parents or other legal guardians: we will not intentionally collect (or otherwise process) any Personal Data from your children if they are under 16. If you are concerned that your child has registered on our Ferdinand Berthoud Website or submitted any of their Personal Data to us and you wish to delete it, please contact us via the methods set out hereinabove and provide official documents establishing parental or guardian status.

5. CHANGES TO THIS PRIVACY POLICY

CAN WE CHANGE THIS PRIVACY POLICY?
We reserve our right to change this Privacy Policy at any time. A notification regarding any substantial changes to this Privacy Policy will be posted on our Ferdinand Berthoud Platforms. Notwithstanding, it is your responsibility to stay abreast of any changes made to our Privacy Policy.

This Privacy Policy was last updated on May 3rd 2018.