Introduction

Festina Lotus S.A (hereafter “Festina” or “we”) is committed to protect your personal data and respect your privacy when using our products. Please read this Privacy Policy before submitting any personal information through registration or use of any of Festina’s applications (APP´s) watches or technical service. By starting to use, or by giving specific consent, you agree that your personal data is collected and processed as described in this Privacy Policy. If the user of this Festina product is under the age of 16, consent can only be given with permission from their parent. This Privacy Policy explains the way we collect, the reason for use and protection of personal data and what rights you have in relation to your personal data. It also specifies the contact details if you want to exercise your rights. Festina collects and further processes personal data pursuant to the Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (repealing Regulation (EC) No 45/2001) and the California Consumer Privacy Act of 2018. 

Why and how do we process your personal data?

Festina collects and processes the personal data submitted by you, to be able to provide you with the services and features in Festina’s applications and watches. The application will request personal data from you depending on what services and features the application and connected product offer. This includes e.g. data such as your weight, height and heart rate or geolocation to be able to ensure the best experience of our watches and applications. Some applications require an email to create an account, ensuring you not to lose historical data when changing your mobile phone. We explain more in detail further below. We also collect and store additional data like health metrics, app and watch performance We do not sell or share any of your data to any other businesses. 

On what legal ground do we process your personal data

Festina process your personal data, because: – the data subject has given consent to the processing of his or her personal data for one or more specific purposes. 

Which personal data do we collect and further process?

Depending on your connected product, not all of the following described data collection or processes might apply to you. The application will ask you for permissions to access certain information from your device depending on the functionalities of the app and connected watch. Such access permissions can be camera, location, address book, or notifications. If any of those permissions mean any data collection and/or storage, it will be mentioned below. 

Personal Account data:

In this Festina Application you are voluntarily requested to set up a personal account with password. We use this data for authentication and to personalize your experience of the APP and connected device. But also to give you the service of accessing your data from multiple devices and keep your sport and health history. The personal account data submitted by you can be name, height, weight, email address, date of birth and gender. You can also choose to upload a picture of yourself.We only collect personal account data that you have submitted. However, when a third party (social media) login is offered, we collect your public profile data. We do not collect or store any of the third party login information.The application, in combination with certain watches, offers personalized watch faces. If you choose to create and save any watch faces, they will be collected and stored on your personal data account to grant exclusive access. 

Health and Fitness data:

We collect additional personal data from the app and connected watch depending on the connected watch features and functionalities. The data will be displayed in the app and/or connected watch. Health and fitness data is e.g. sleep detection, heart monitoring, taken steps, burned calories, exercises and activity time. Health and fitness data is collected from your app to make feature calculations and are stored on the server for your access through the application. It is also used for de-identified feature statistics for future improvements of our health and fitness features and functions. If you, from our app, choose to share your fitness data with Google fit or Apple health we ask you to review that third party’s privacy policy. You can stop sharing your data at any time. 

Location data and background location data:

By giving your permission for the APP to access your device location data, the APP will be able to do a Bluetooth scan and connect your watch to your device during onboarding. By giving your permission for the APP to access your device background location data, the APP will e.g. be able to draw a map for your exercise tour and calculate and display distance and pace. It can also be used for weather forecasting and “find your watch”. Background location data is collected and stored on the server to make it available for you and also used to make calculations in the back end. We may extract background location and location data, de-identified, for statistics and for future improvements to customize the functions dependent on geolocation data. 

Notifications and alerts:

If you have granted the APP access to your devices notifications of e.g. calendar, calls and sms, your watch will be able to display those notifications as well. We do not store content of the notifications, we only track that a notification occurred. This tracking data is stored and processed on a server. 

Technical support and diagnostics:

If you contact us for technical support through a form on a webpage, please review that form privacy policy. 

Emails and other communications:

We will use your submitted email address in the app for sending a verification code if you create an account. This is fully automatically done. 

Analytics and diagnostics:

We will collect data for analytic purposes to run our analytics to understand e.g. user behaviours, effectiveness of product features, trends and the number of active devices. The analytics result will be used to improve our products and services as well as develop new ones. The data collected is battery and power consumption, crash data, date and time the app accesses our servers, app version, watch FW version, user behavior such as what features and functions used and how often, device state information, device model and operating system information. 

How long do we keep your personal data?

Personal data submitted by you through an application user account is kept as long as necessary to provide you with its functionalities and services. When your account is deleted by you or disabled by us after time of inactivity, the personal account data will be deleted. The additional personal health and fitness data will be kept as de-identified data for analytic purposes. Personal data collected in a connected watch, will either be synchronized to an application or kept local on the product. The data stored in the watch can only be deleted by you. Either in the APP and/or in the watch. You can at any time stop synchronizing data between your APP and the connected watch by disconnecting your devices. Personal data provided for technical support is kept as long as necessary for Festina to be able to support and take follow-up actions to feedback provided via the website or through any Festina service institution. 

How do we protect and safeguard your personal data?

All submitted personal data in the application is stored on servers owned and maintained by Festina or by Festina suppliers. We keep the servers in the geographic area according to what each country’s law stipulates. Festina is committed to keep your Personal data secure against unauthorized access or use, alteration, unlawful or accidental destruction and accidental loss. Festina is constantly taking measures to fulfil that commitment. 

Who has access to your personal data and to whom is it disclosed?

Only authorized Festina employees and Festina contractors have access to your personal data and are bound by a specific contractual clause for any processing operations of your data on behalf of Festina according to the “need to know” principle. Such staff abide by statutory, and when required, additional confidentiality agreements. The information we collect will not be given to any other third party, except to the extent and for the purpose we may be required to do so by law. 

What are your rights and how can you exercise them?

You have specific rights as a ‘data subject’ under Chapter III (Articles 14-25) of Regulation (EU) 2018/1725, in particular the right to access, rectify or erase your personal data and the right to restrict the processing of your personal data. Where applicable, you also have the right to object to the processing or the right to data portability. 

Contact information

You can exercise your rights by contacting Festina at lopd@festina.com 

Privacy Policy updates

We may update this Privacy Policy from time to time due to law change or application changes that will affect this policy content. Any change to the policy will become effective as soon as the revised policy is posted Upon a material change we will ask you for a new consent in the application if required by applicable law.