Privacy Policy
Thank you for your interest in this Privacy Policy. This Privacy Policy explains which Personal Data we collect from you via our website and shop at www.sphaerawatchco.com, what we use it for, when we delete it and how your data is protected.
What is Personal Data?
Personal Data is information that makes it possible to identify a natural person. This includes in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.
What is Processing?
"Processing" means and covers virtually any handling of data.
What law applies?
We will only use your Personal Data in accordance with the applicable data protection laws, in particular Austria's Data Protection Act (Datenschutzgesetz) (“DPA”) and the EU's General Data Protection Regulation (“GDPR”), and of course only as described in this Privacy Policy.
Who is responsible for data processing?
The responsible party within the meaning of the DPA and the GDPR is SPHAERA GmbH, Nordstrasse 1, 5301 Eugendorf, Austria (“Sphaera”, “we”, “us”, or “our”). If you have any questions about this policy or our data protection practices, please contact us using contact@sphaerawatchco.com or use our Contact Form.
Data collection
All Personal Data that we obtain from you will only be processed for the purposes described in more detail below. In particular, we collect Personal Data only if:
- you have given your consent;
- the data is necessary for the fulfillment of a contract / pre-contractual measures;
- the data is necessary for the fulfillment of a legal obligation; or
- the data is necessary to protect the legitimate interests of our company and business.
We process and store your Personal Data only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular commercial and tax law in accordance with Austria’s Commercial Law and Fiscal Code and others for up to 10 years. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.
Data transfers
In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.
If necessary, we transfer your Personal Data within Dyade. Of course, we comply with the associated legal framework and ensure that your data is processed properly. Access to your Personal Data is only granted to authorized employees who need access to the data due to their job, e.g., to fulfill your order or to contact you in case of queries.
Personal Data is transferred to our service providers in the following instances:
- in the context of fulfilling your orders, shipping and delivery,
- to use marketing services and to advertise our products online,
- to communicate with you,
- to provide our website and shop, and
- to state authorities and institutions as far as this is required or necessary.
We usually do not transfer Personal Data to countries outside Austria or the EEA. However, if we do, we ensure that processing of your Personal Data is governed by Processing Agreements that include Standard Contractual Clauses to ensure a high level of data protection.
Security of your data
In order to protect the data stored with us in the best possible way against accidental or intentional manipulation, loss, destruction or access by unauthorized persons, we use appropriate technical and organizational security measures. The security levels are continuously reviewed in cooperation with security experts and adapted to new security standards.
Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.
Your Rights and Privileges
Under the DPA and GDPR, you can exercise the following rights:
- The right to access;
- The right to rectification;
- The right to erasure;
- The right to restrict processing;
- The right to object to processing;
- The right to data portability;
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
The Data Protection Authority (DSB) (www.dsb.gv.at) is the relevant authority in Austria. If you believe that the processing of your Personal Data is not lawful, you can lodge a complaint with a data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach the DSB or any other supervisory authority.
Processing of your Personal Data
When you access our website, some access data is recorded automatically and stored in a log file on our website's server. This means if you browse and simply have a look at our website, we process a) the IP address of your computer, b) the date and time of your access, c) the name and URL of the accessed file, d) the browser used, e) the amount of bytes transferred, f) the status of the page request, g) the session ID and g) the referrer URL. The legal basis for processing is our legitimate interest.
We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. There are different types of cookies: a) Essential Cookies. Essential cookies are cookies to provide a correct and user-friendly website; and b) Non-essential Cookies. Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyze your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies).
As set out in Austria’s Telecommunications Act (Telekommunikationsgesetz) (“TKG”) and the EU`s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of Non-essential Cookies. For further information on the cookies we use, please refer to our Cookie Policy. The legal basis for processing is our legitimate interest and your consent.
Our website uses a cookie consent tool, to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us via our cookie consent tool: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.
The hosting services used by us for the purpose of operating our website is Shopify International Limited, (150 Elgin Street 8th Floor Ottawa, ON K2P 1L4 Canada). In doing so Shopify processes inventory data, contact data, content data, usage data, meta data and communication data of customers, interested parties and visitors of our website and services, on the basis of our legitimate interests.
- c) Content Management System
We also use the Content Management System (CMS) of Shopify to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us is transferred to Shopify. This represents a legitimate interest.
We process and store the Personal Data provided in the contact enquiry solely for the purpose of processing and responding to your enquiry and contacting you. If you contact us, we will process the data you provide to respond to you and answer your questions and requests. In doing so, the principle of data economy and data avoidance is observed in that you only have to provide the data that we absolutely need from you in order to contact you. These are usually your first and last name, your email address, the topic selection and the message field itself. In addition, your IP address is processed out of technical necessity and for legal protection. The legal basis for processing is our legitimate interest, the provision or initiation of a contractual service and your consent.
We process your first name, last name, e-mail address, billing and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship. In terms of shipping we are using DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany), Austrian Post (Rochusplatz 1, 1030 Vienna, Austria) and LogoIx (Wasserburger Str. 50a, 83395 Freilassing, Germany), to whom we pass on your delivery details. The legal basis for processing is the provision of a contractual service.
It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your order history. We will hold your data for further orders as long as you have your account with us.
Where any Personal Data relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes.
If you make a purchase your payment will be processed via our payment service providers Shopify Payments, Amazon Pay (Amazon Payments Europe, S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg) and their associated payment methods as well as PayPal (Europe) (S.a.r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg). Payment data will solely be processed through your chosen payment service provider and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.
We also use the services of Shopify to send our Newsletter and if you subscribe we will use your email address to send you information about products, promotions, news and customer satisfaction surveys. You can find an unsubscribe link at the end of each newsletter. The legal basis is your consent.
For support, we may store the data related to our customers (for example, your name, address, e-mail address or telephone number) in our customer relationship management system (CRM) provided by Shopify. This data processing is based on our legitimate interest in providing our customer service and marketing.
We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events. The legal basis for processing is our legitimate interest.
We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
For business reasons, we analyze the data we have on business transactions, contracts, enquiries, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use both Google Analytics, Shopify Analytics and you can find more information about both in our Cookie Policy. The legal basis is our legitimate interest and your consent.
Social Media
We are present on social media on the basis of our legitimate interest (currently Facebook and Instagram (Meta Platforms, Inc., 1601 Willow Road Menlo Park California 94025 and 4 Grand Canal Square Grand Canal Harbour Dublin 2 Ireland)). If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Data collected when contacting us is to handle your request and the bases are both your consent and our legitimate interest.
In addition, your data may be processed for market research and advertising purposes. For example, usage profiles can be created from your usage behavior and the resulting interests. This allows, for example, advertisements to be placed within and outside the platforms that presumably correspond to your interests. The legal basis is our legitimate interest.
When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture). Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. The legal basis is our legitimate interest and your consent.
Advertising
We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website - for example, which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website.
We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following personal data may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to our website (e.g., orders placed, products clicked on). The legal bases for processing are our legitimate interest and your consent in case of cookies.
Does this policy change?
We may update our Privacy Policy from time to time. This might be for a number of reasons, such as to reflect a change in the law or to accommodate a change in our business practices and the way we use cookies. We recommend that you check here periodically for any changes to our Privacy Policy. This Privacy Policy was last updated on Thursday, 02nd of May2024.
Who should I contact for more information?
If you feel that the above is not sufficient or if you have any queries as regards the collection, processing or use of your information we are looking forward to hearing from you. We will make every effort to reply as soon as possible and take into consideration any suggestions from your end.