Privacy Policy

If you are an E.U. user please read the E.U. Privacy Notice in compliance with GDPR. If you are a non-E.U. user please refer to the below Privacy Policy.

 

If you are a California resident, please read the Privacy Policy for California Residents in compliance with the California Consumer Privacy Act of 2018 (CCPA).

 

Harry Winston knows that your privacy is important to you, and we want you to know that it is important to us too. We created this Privacy Policy (“Privacy Policy”) to explain the types of information we collect through our Web sites (on which it is linked to in the footer) and the various social networking platforms that we use (each, a “Website”). This Privacy Policy does not apply to information that we collect offline, such as in our retail salons. This Privacy Policy describes how we will use, disclose and protect this information once it is collected, and how you can opt-out of some of our uses of your information.

Here are a few general principles to keep in mind as you read through this Privacy Policy:

•The Website is owned and operated by Harry Winston, Inc. and its corporate affiliates (referred to collectively in this Privacy Policy as “we,” “us,” “our” and other similar pronouns).

•California’s Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternatively, businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes unless the customer has opted-in to such information sharing. Accordingly, we will not share your personal information with third parties other than our affiliates for the third party’s own marketing purposes unless you opt-in, for example by checking a consent check box when providing us with your information. We will, however, share your personal information with our affiliates for marketing purposes. To request a list of the affiliates with whom we have shared your personal information for marketing purposes in the last year, write to us at Harry Winston, 718Fifth Avenue, New York, NY 10019 and include the words “California Shine The Light Request” in the “Regarding” line.

•As our business evolves, this Privacy Policy may change, so check back to this page periodically to make sure you understand how your personal information will be treated.

•This Privacy Policy is incorporated into, and part of, our Terms of Use, which govern your use of our Websites as a whole.

•If you are located outside of the United States, you should know that the information you provide to us is being transmitted to us and processed in the United States and will be protected subject to this Privacy Policy and United States laws, which may not be as protective as the laws in your country. Also, this Website places cookies and local shared objects on your computer or device which are further described below.

Opt In and Opt Out

You may have the right to opt in to or opt out of certain of our uses of your Personal Information. For example, when you are asked to provide Personal Information on this Website, you may have the opportunity to elect to, or not to, receive messages from us by e-mail, phone or postal mail. You may tell us that you do not want to receive our promotional messages by visiting the marketing preferences area of or Website or by sending us your written request along with your name, address, e-mail and phone number to: clientcare@harrywinston.com, Harry Winston, Inc., Privacy Officer, 718 Fifth Avenue, New York, NY 10019, or by calling (212) 315-7900. You can also opt-out of our promotional emails by clicking on the opt-out link within the e-mail you receive. Please understand that it may take us time to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, to stop receiving promotional messages from third parties who already have your contact information, please contact them directly.

What information is collected on this Website?

User-Provided Information

“Personal Information” is information that can be used to identify you as an individual or allow someone to contact you, as well as information attributed with such information. We collect Personal Information such as your name; employer name; day and month of birth; postal addresses; e-mail addresses; telephone numbers; fax numbers; photograph; gender; Website browsing and transaction history; job history and application information; and interests, hobbies and demographic information. For example, we collect Personal Information when you sign up to receive emails from us; request a catalog; request a sales associate to contact you; schedule a visit to our salon; create a wish list on our Website; sign up for our newsletters; enter sweepstakes and contests; complete surveys; contribute to a chat room, bulletin board, blog or other social forum on the Website; or submit a comment or question to us using a “contact us” or similar feature on the Website.

 A “tell-a-friend” tool provided on the Website and/or in our e-mails allows you to send information about our products and offerings to another person. You may also be able to purchase gifts for another person on our Website. When you use these offerings, we ask you for the name and contact information of the other person, and that information will be protected pursuant to this Privacy Policy. We will not use the other person’s information for additional purposes without their consent.

Website Usage Information

As is the case with many websites, our servers automatically collect your IP address when you visit our Website, and we may associate that with your domain name or that of your Internet access provider. We may also capture certain “clickstream data” pertaining to your Website usage. Clickstream data includes, for example, information about your computer or device, Web browser and operating system and their settings, the referring page that linked you to the Website, the pages, content or ads you see or click on during your visit and when and for how long you do so, items you download, the next website you visit when you leave the Website, and any search terms you have entered on the Website or a referral site.

 In addition, we may deploy various tracking technologies on the Website to collect additional information about your Website visits. For example:

•Cookies are small data files stored on your computer or device at the request of a website. A cookie assigns a unique numerical identifier to your Web browser, and may enable us to recognize you as the same user who was at our Website in the past, and relate your use of the Website to other information about you, such as your Website usage information and Personal Information. Cookies may also be used to enhance your experience on the Website (for example, by storing your username so you can log in easily, keeping you logged into the Website after you have provided your password, and storing the contents of your shopping cart as you browse) or to collect general usage and aggregated statistical information and detect and prevent fraud. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, inhibit or preclude your use of the Website or its features. To learn more about the use of cookies, including how to manage or delete them, click here.

•Local shared objects, such as “Flash cookies,” may be stored on your computer or device using a media player or other software installed on your computer or device. Local shared objects operate a lot like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing Flash cookies, for example, click here.

•HTML5 (the language some websites are coded in) may be used to store information on your computer or device about your Website usage activities. This information can be retrieved by us to determine how our Website is being used by our visitors, how it can be improved, and to customize it for our users.

•A pixel tag (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a Web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our Web pages.

These tracking technologies may be deployed by us and/or by our service providers or partners on our behalf. These technologies enable us to assign a unique number to you, and relate your Website Usage Information to other information about you, including your Personal Information.

Do Not Track Disclosures

This Website does not process Do-Not-Track headers transmitted by Web browsers. Our third party web analytics companies collect information about your online activities over time. These third parties do not change their tracking practices in response to DNT settings in your web browser and we do not obligate these parties to honor DNT settings.

How is your information used?

We or our service providers may use the information we collect from and about you to perform the following business functions:

•processing and fulfilling your transactions

•enabling users to use our Website and its features

•administering the Website and your account with us

•responding to your requests, questions, and concerns

•notifying the winners in competitions arranged online

•market research

•developing new features and offerings

•consistent with any communications preferences you have conveyed to us, sending you marketing and other communications, including information about products, services, and events, of ours and of others, that we think might interest you. (You may opt out of receiving such notices from us by following the instructions in the Right to Opt In and Opt Out section above.)

•protecting our rights and property

•preventing misuse or improper use of our services

•recovering debt and preventing fraud

•customizing our Website to your interests and history with us

•test and improve our systems by which the services are provided

•tailoring ads displayed to you on our Site and elsewhere to your interests and history with us

•other purposes disclosed when personal information is submitted to us

To perform the above functions, we may match information collected from you through different means or at different times, including both Personal Information and Website Usage Information, and use such information along with information obtained from other sources (including third parties) such as demographic information and updated contact information. We or our service providers may also use your information to assess the level of interest in, and use of, the Website, our e-mails and our other messaging campaigns both on an individual basis and in the aggregate.

Social Networking

We maintain presence on several social networking and blogging platforms, and we also incorporate some third party social networking features onto our Website. Through these platforms and features, we receive some Personal Information and some Website Usage Information about you, and this Privacy Policy applies to that information as well. In addition, third party social networking platforms and blogging platforms have their own privacy policies which explain how the third parties that provide them will use and protect your information. In accordance with those policies (and your privacy settings within your social networking accounts) information about your activities on our Website (such as “Mary Jane “likes” our Diamond Tassel necklace”) may be published to your social network.

Do we share Personal Information and Website Usage Information with others?

Yes. We may share the information we collect on the Website with others for a variety of reasons. In addition to the kinds of information sharing you might expect, such as sharing with third parties who need your information in order to provide services to us (or on our behalf and subject to confidentiality commitments) and sharing what you voluntarily post to public areas on the Website with other Website users, we may share your information:

•with our affiliates and retail salons both in the US and abroad

•with unaffiliated third parties for their marketing and other purposes, if you have opted-in to this sharing

•with our co-sponsor(s) if we obtain your information in connection with a contest, sweepstakes, offering, or other promotional activity that is jointly offered by us and any third parties, unless you instruct us not to by following the instructions in the Opt-in and Opt-out section above

•when we believe in good faith that disclosure is necessary to protect our rights or property, protect your safety or the safety of others, authenticate transactions and the identity of individuals making purchases, investigate or prevent fraud or illegal activity, respond to a government, law enforcement, judicial or other legal request, or to comply with the law

•with third parties to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, executing customer satisfaction surveys, providing customized advertising, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable data protection laws

•with credit bureaus, such as late payments, missed payments, or other defaults on your account

•in connection with a corporate change or dissolution, including for example a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or wind down of business

In addition, we may share non-personally identifiable Website Usage Information (including aggregate data) with others, for their own use, in a form that does not include your name or contact information.

Your Access Rights

You may review, update or modify certain of the Personal Information that is stored in your user account on the Website (if you have one) by logging in to the “My Account” or similar area of the Website or by contacting us using the “Contact US” information below. We may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. Your right to delete your information is subject to our records retention policies.

Interest Based Advertising and Website Analytics

We may collect information about your online activities on our Website to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Privacy Policy provides details and explains how to exercise your choices.

You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based and contextual means. These partners track your online activities over time and across websites by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our website and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. For example, we utilize certain of our ad partners’ targeted advertising services to show you our ads on other websites based on your prior visits to our website and other online activity. Below is a chart that lists our current advertising partners that provide these features together with corresponding links to describe how you may opt out of them.  Opting-out does not mean that you will stop receiving ads from us. It means that you still stop receiving ads from us that have been targeted to you based on your visits and browsing activity across websites over time.

Advertising Partner

Opt Out Features

Criteo

www.criteo.com/privacy

DoubleClick

https://code.google.com/archive/p/google-opt-out-plugin/

Google

https://code.google.com/archive/p/google-opt-out-plugin/

Facebook

https://www.facebook.com/help/164968693837950

Instagram

https://www.instagram.com/about/legal/privacy

Adform

http://site.adform.com/privacy-policy/en

 

Provided that a company participates in industry-developed programs designed to provide consumers choices about whether to receive targeted advertising, you also may opt out of ad network interest-based advertising generally through the Network Advertising Initiative website or by visiting http://www.aboutads.info/choices/.   To learn more, please visit the websites operated by the Network Advertising Initiative and Digital Advertising Alliance.

We also may use third party Web analytics services on our Website, such as those of Google Analytics. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Website. The information collected through these means (including the state and zip code from which our visitors come and the IP addresses of our visitors' computers) is disclosed to these service providers, who use the information to evaluate use of the Website. You may deactivate the ability of Google Analytics to analyze your browsing activities on our Website.

To learn more about web Google Analytics services, and exercise your choice with respect to their collection of information on our Website, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en.   To learn more about Google Analytics security and privacy principles please consult the Google Analytics overview provided by Google at: http://www.google.com/intl/en/analytics/privacyoverview.html.

Security

While we endeavor to protect the security and integrity of sensitive Personal Information collected via this Website, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.

 If you correspond with us by e-mail or using Web forms like a “contact us” feature on our Website, you should be aware that your transmission might not be secure. A third party could view the information you send in transit by such means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

 If we believe that the security of your Personal Information in our care may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at clientcare@harrywinston.com.

 

“Linked-To” Websites

The Website may contain links, banners, widgets or advertisements that lead to other websites. We are not responsible for these other sites, and so their posted privacy policies (not this Privacy Policy) will govern the collection and use of your information on them. We encourage you to read the privacy statements of each Web site visited after leaving the Website to learn about how your information is treated by others.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time. When we do, we will let you know by posting the changed Privacy Policy on this page with a new “Last Updated” date. In some cases (for example, if we significantly expand our use or sharing of your Personal Information), we may also tell you about changes by additional means, such as by sending an e-mail to the e-mail address we have on file for you. In some cases, we may request your consent to the changes.

Contact us

If you have any questions or comments regarding our privacy practices, you may contact us at:

Harry Winston Inc.

718 Fifth Avenue, New York, NY, 10019, U.S.A.

 Phone: +1 (212) 315-7900

We also can be reached by e-mail at clientcare@harrywinston.com.

1.        About this Privacy Notice

 

1.1.  This is the privacy notice (“Notice”) of Harry Winston Inc., 718 Fifth Avenue, New York, NY, 10019, U.S.A. Harry Winston Inc. is the data controller for the purpose of this Notice.

 

1.2.     This Notice, together with our Terms of Use, sets out the basis on which we will process any personal data obtained in connection with your use of and interaction with this website or any other online presence administered by us including our social media presences and our applications, (collectively referred to as “Website”). For information about our use of cookies, pixels and social plug-ins, please see our Notice regarding Cookies, Pixels and Social Plug-ins.

 

1.3.     We will post any changes we may make to our Notice on this Website or communicate them to you by email.

 

1.4.     The Notice currently in place dates of May 20th 2018.

2.        What personal data do we collect from you?

 

2.1.     We collect personal data, that you provide to us, such as by filling out a contact form, registering for an account, using interactive features, subscribing to a service, participating in a marketing promotion, ordering a product or a service, requesting information and/or material or complete surveys. Such personal data may consist of:

2.1.1.    contact information (such as name, postal address, email address, and mobile or other telephone number);

2.1.2.    purchase and transaction information;

2.1.3.    payment information (such as your payment card number, expiration date, authorization number or security code, delivery address, and billing address);

2.1.4.    customer service information (such as customer service inquiries, comments, and repair history);

2.1.5.    username and password;

2.1.6.    information regarding your personal or professional interests, date of birth, marital status, demographics, and experiences with our products and contact preferences;

2.1.7.    photographs, comments and other content you provide;

2.1.8.    contact information you provide about friends or other people you would like us to contact; and

2.1.9.    information we may obtain from our third-party service providers.

 

2.2.     We collect metadata, for example details of your visits to the Website, such as traffic data, location data, IP address, browser information, session data, preferences, settings, weblogs and other communication data, which we monitor during your interaction with the Website.

3.        On which basis do we process your personal data?

 

3.1.     We process your personal data for the purposes indicated or obvious at the time of collection and

 

3.1.1.    to which you have agreed, for example by checking a box; or

3.1.2.    for which we are required by applicable laws, for example to comply with data retention requirements regarding data relevant for financial reporting; or

3.1.3.    which is necessary for the performance of a contract, for example if you order items; or

3.1.4.    for which we rely on other legitimate interests, which include:

·              gathering market intelligence, promoting products and services, communicating with and tailoring offers to you;

·              delivering and improving our products or services;

·              management of customer, client, vendor and other relationships, sharing intelligence with internal stakeholders, implementing safety procedures, and planning and allocate resources and budget;

·              monitoring, detecting and protecting the organisation, its systems, network, infrastructure, computers, information, intellectual property and other rights from unwanted security intrusion, unauthorised access, disclosure and acquisition of information, data and system breaches, hacking, industrial espionage and cyberattacks;

·              protecting and developing industry standards; sharing intelligence about individuals or concerns that may have a negative or detrimental impact; and following industry best practices; or

·              complying with industry standards, regulators’ requirements and other requirements related to fraud prevention and anti-money laundering.

4.        For which purposes do we process your personal data?

 

4.1.     We process your personal data for the following purposes:

 

4.1.1.    If you fill out a contact form providing your name, email-address, telephone number, preferences, etc., we use your data for answering your questions, sending you information or performing other tasks you ask us to.

4.1.2.    If you register an account with us, then we process the data required to open that account, for example your name, address, email-address, password, profile picture, third party account data (if you register using your Facebook account, for example), etc. to allow your registration and management of your account.

4.1.3.    If you use our interactive features, we process the data required to use these features to allow you and manage their use, for example, your name and email-address to appear in a ranking and to send you updates regarding the online game in which you participated.

4.1.4.    If you are an existing customer, we may send you advertisement about our products and services using, for example, your name and postal address.

4.1.5.    If you subscribe to a service like our newsletter by providing us with your email-address and name, then we use this data for sending you our newsletter.

4.1.6.    If you participate in a marketing promotion, then we use the data we require from you to allow your participation, for example, to manage your invitation for an event or to determine and contact the winner of a contest.

4.1.7.    If you order a product, material or a service, we need and process the data required to fulfill your order, such as your name, telephone number, delivery address, credit card information, email-address, etc., for example to confirm your order, process your payment, check credit scoring, deliver the ordered items and contact you for delivery purposes.

4.1.8.    If you answer one of our queries and provide us personal data such as name, age, occupation, etc., then we use this data to analyze the query results and draw conclusions therefrom.

4.1.9.    If you consent to receive marketing information where prompted, then we use your data to send you promotional materials and other communications, to communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs, offers, surveys and market research, to provide advertisements to you about our products and services, to tailor your use of the Website, marketing experience, and communications according to your preferences and our terms

4.1.10. If you interact with us on third party social networks, then we process your data for such interaction with you on these networks (our interactions with you on a third party social network would be subject to that network's privacy policies and terms of use).

4.1.11. We process your personal data also to comply with and enforce applicable legal requirements, our Terms of Use, relevant industry standards, contractual obligations and our policies.

 

4.2.    We may process your personal data in a centralized system that allows enhancing your brand experience by tailoring our communication and marketing efforts to make them as relevant and useful as possible for you (profile building). For this we may process, match and enrich your personal data with data received from your interaction with us or from third parties. For example, if you tell us your age, income, hobbies or travel activities then we may mirror this data against your purchase behavior and other information we have obtained from you in order to approach you with offers, invitations or promotions that we believe specifically fit your interests.

 

4.3.    We process metadata that we collect from you to improve our Website, analyze traffic pattern and Website usage, for targeted marketing, to develop and analyze statistics and demographics, or optimize our online presence and marketing efforts.

5.        To whom do we disclose and transfer your personal data?

 

5.1.    We may disclose your personal data to the following recipients or categories of recipients for them to use the data on their own behalf and under their own control (controllers):

 

5.1.1.    Our parent company, The Swatch Group Ltd, Seevorstadt 6, 2501 Biel/Bienne, Switzerland (“Swatch Group”);

5.1.2.    Our affiliates within Swatch Group in the countries where our brand is represented as indicated when we collect your personal data.

 

5.2.     We may disclose your personal data to the following recipients or categories of recipients acting on our behalf and/or as partners (processors), limited to the purpose of the execution of their obligations, which are contractually bound to adhere to an adequate level of data protection when processing your personal data (for example to fulfil orders, deliver packages, process credit card payments, provide customer service, send postal mail and e-mail, store and process data, host websites, remove repetitive data from customer lists, analyse data, provide marketing assistance, execute customer satisfaction surveys, provide customized advertising):

 

5.2.1.    Swatch Group;

5.2.2.    Our data processing center in Switzerland;

5.2.3.    Our affiliates within Swatch Group;

5.2.4.    Our third party service providers.

 

5.3.     We may disclose your personal data to an acquirer if Harry Winston or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

 

5.4.     We may disclose your personal data if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Harry Winston or any member of Swatch Group, our customers, or others. This includes exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

5.5.     We may internationally transfer your personal data, including to countries that are not considered providing an adequate level of data protection by the relevant regulatory bodies, for example to countries not considered by the European Commission or the Swiss Federal Data Protection and Information Commissioner to be providing such level. In such case, we ensure the adequate protection of your personal data by having the recipients adhere to binding contractual obligations in accordance with applicable standards approved by the relevant regulatory bodies or by relying on other safeguards, such as self-certifications, approved by the relevant regulatory bodies. You may contact us for a copy of the contractual and other safeguards in place (see section 9 below).

 

5.6.     This Website may contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

6.        For how long do we process your personal data?

 

We process your personal data:

 

·         until you withdraw your consent for future processing, for example until you unsubscribe from our newsletter or delete your account with us;

·         until we are sure that you are satisfied after you have approached us, e.g. to order a catalogue, to ask a question, to request information, to make an appointment or a reservation, etc. but no longer than twelve (12) months after the last contact, unless we can rely on another justification, have informed you otherwise or you have given your consent for a longer retention period;

·         in connection with a purchase you make or in connection with a customer service transaction for the time until the transaction is completed plus at least the warranty period to which we may add a grace period for your benefit, unless we can rely on another justification, have informed you otherwise or you have given your consent for a longer retention period;

·         for as long as you remain our business partner plus ten years, unless we can rely on another justification, have informed you otherwise or you have given your consent for a longer retention period;

·         for as long as laws require us, e.g. legal retention obligations based on bookkeeping or tax laws and regulations.

7.        When do we require your personal data?

 

If you wish to conclude a contract with us, for example if you order items or services, then we are required to obtain from you certain personal data to allow us to enter into this contract, for example, your name, delivery address, place of residence, payment information or contact information. Should you decide not to provide us the required information, we may not conclude this contract with you.

8.        What are your rights?

 

8.1.     You have the right:

 

·          to request from us access to and rectification or deletion of your personal data;

·          to request us to restrict the processing of your personal data, in particular to object to the processing of your personal data for direct marketing purposes; and

·          to request from us to provide you or any person or entity you appointed with a digital file of your personal data (data portability).

 

8.2.     You may withdraw your consent that allows us to process your personal data for the indicated purposes at any time.

 

8.3.     To exercise the above rights, you may contact us as indicated below.

 

8.4.     You also have the right to lodge a complaint with the competent authority.

9.        How can you contact us?

 

For any questions or to exercise your rights, you may contact us as follows:

 

Postal address: Harry Winston Inc., 718 Fifth Avenue, New York, NY, 10019, U.S.A.

 

Telephone number: +1 (212) 315-7900

 

Email-address: clientcare@harrywinston.com

 

For the contact details of our representatives or DPO respectively within the European Union, please see our EU Representatives List.

This Privacy Notice for California Residents supplements the information contained in the Privacy Policy of Harry Winston, Inc. (the “Company” or “we”) and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this policy to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this policy.

 

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from our consumers within the last twelve (12) months:

 

Category

Examples

Collected

Business Purpose

Source

A. Identifiers.

A real name, postal address, Internet Protocol address, email address, account name

YES

Performing the following services: customer, advertising, marketing materials, analytic, processing or fulfilling orders, processing payment. Detection or prevention of fraudulent activity.

Customer forms (online and instore), Website

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, address, telephone number, credit card number, debit card number

 

YES

Performing the following services: customer, marketing materials, analytic, processing or fulfilling orders, processing payment. Detection or prevention of fraudulent activity.

Customer forms (online and instore), Website

C. Protected classification characteristics under California or federal law.

Age, gender

YES

Marketing services

Customer forms (online and instore), Website

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered

YES

Performing the following services: customer, advertising, marketing, analytic, processing or fulfilling orders, processing payment.

Customer forms (instore)

E. Biometric information.

N/A

NO

N/A

Website

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement

YES

Performing the following services: advertising, marketing, analytic.

Website

G. Geolocation data.

Physical location

YES

Performing the following services: customer, advertising, marketing, analytic.

Website

H. Sensory data.

N/A

NO

N/A

N/A

I. Professional or employment-related information.

N/A

NO

N/A

N/A

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

N/A

NO

N/A

N/A

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, behavior

YES

Performing the following services: advertising, marketing, analytic.

Website

 

 

Personal information does not include:

·       Publicly available information from government records.

·       Deidentified or aggregated consumer information.

·       Information excluded from the CCPA's scope, like:

·       health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

·       personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

 

Sharing of Personal Information

We may share your personal information to a third party for a business purpose. When we share personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

·       Service providers.

·       Legal entities under the common control of The Swatch Group Ltd.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, the Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

 Category K: Inferences drawn from other personal information.

 

Sales of Personal Information

We do not sell your personal information.

 

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that the Company disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request we will disclose to you:

·       The categories of personal information we collected about you.

·       The categories of sources for the personal information we collected about you.

·       Our business or commercial purpose for collecting that personal information.

·       The categories of third parties with whom we share that personal information.

·       The specific pieces of personal information we collected about you (also called a data portability request).

Deletion Request Rights

You have the right to request that the Company delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1.      Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2.      Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3.      Debug products to identify and repair errors that impair existing intended functionality.

4.      Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5.      Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6.      Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

7.      Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8.      Comply with a legal obligation.

9.      Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

·       Calling us at: +1 800 988 4110

·       Emailing us at: ClientCare@harryWinston.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

·       Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

·       Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

·       Deny you goods or services.

·       Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

·       Provide you a different level or quality of goods or services.

·       Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Changes to Our Privacy Policy

The Company reserves the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated policy on the Website and update the policy's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this privacy policy, the ways in which the Company collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: +1 800 988 4110

Email: ClientCare@harryWinston.com