Privacy Policy

1. About this Privacy Notice
   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.
   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.
   3. We will post any changes we may make to our Notice on this Website or communicate them to you by email.
   4. The English version of this document shall control and prevail in case of discrepancies between the English and any translated version. Translations are provided for convenience only.
   5. The Notice currently in place dates of May 20th 2018.
2. What personal data do we collect from you?
   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:
      1. contact information (such as name, postal address, email address, and mobile or other telephone number);
      2. purchase and transaction information;
      3. payment information (such as your payment card number, expiration date, authorization number or security code, delivery address, and billing address);
      4. customer service information (such as customer service inquiries, comments, and repair history);
      5. username and password;
      6. information regarding your personal or professional interests, date of birth, marital status, demographics, and experiences with our products and contact preferences;
      7. photographs, comments and other content you provide;
      8. contact information you provide about friends or other people you would like us to contact; and
      9. information we may obtain from our third-party service providers.
   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?
   1. We process your personal data for the purposes indicated or obvious at the time of collection and
      1. to which you have agreed, for example by checking a box; or
      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. which is necessary for the performance of a contract, for example if you order items; or
      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 organization, 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?
   1. We process your personal data for the following purposes:
      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.
      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.
      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. If you are an existing customer, we may send you advertisement about our products and services using, for example, your name and postal address.
      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.
      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.
      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.
      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.
      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.
      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).
      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.
   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.
   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?
   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):
      1. Our parent company, The Swatch Group Ltd, Seevorstadt 6, 2501 Biel/Bienne, Switzerland (“Swatch Group”)
      2. Our brand headquarters, Harry Winston Inc., 717 Fifth Avenue, New York, NY, 10022, U.S.A. (“Brand HQ”);
      3. Our affiliates within Swatch Group in the countries where our brand is represented as indicated when we collect your personal data.
   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 fulfill 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):
      1. Swatch Group;
      2. Harry Winston Inc.;
      3. Our data processing center in Switzerland;
      4. Our affiliates within Swatch Group;
      5. Our third party service providers.
   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.
   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. 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).
   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?
   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).
   2. You may withdraw your consent that allows us to process your personal data for the indicated purposes at any time.
   3. To exercise the above rights, you may contact us as indicated below.
   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:

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.

The English version of this document shall control and prevail in case of discrepancies between the English and any translated version. Translations are provided for convenience only.

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:

• 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

Effective Date: January 1, 2020
Last Reviewed on: December 17, 2019