Terms of service
Preamble:
The website www.twas.art (the “Site”) is published and administered by Twas, a company incorporated under United States law with its registered office at 3333 Warrenville Rd., STE 200, Lisle, IL 60532 (“Twas”) and its use is governed by these terms and conditions of use (the “Terms of Use”). By accessing, browsing and using the Site, you unconditionally accept the Terms of Use. Similarly, by using the Site, you acknowledge Twas’s Privacy Statement and Cookie Policy. Twas reserves the right to modify the Terms of Use at any time by publishing an updated version. Twas invites you to regularly consult this page to find out about the Terms of Use in force and applicable to your use of the Site.
Copyright and intellectual property:
Twas is the owner of the Site. The content of the Site and in particular the texts, trademarks, logos, graphics, photographs, videos, illustrations, wallpapers, music, layouts, design, know-how, technology, software, products and processes (the “Content”) are the property of Twas or its affiliates or are used with the authorization of the rights holders and are, as such, protected by their copyright, trademarks, designs, patents and any other applicable intellectual property rights. You may download, display or print the Content solely for your own personal, non-commercial use. The terms of any other proprietary notices and conditions of use included in the information or other material you download must also be observed and followed. Any other use, including the reproduction, modification, downloading, transmission, or publication for redistribution to third parties of all or part of the Content, in any form whatsoever, is prohibited without the prior written consent of Twas. Any breach of the Terms of Use will constitute a breach of contract and a violation of Twas's copyright, trademarks, designs, patents and any other intellectual property rights.
Personal data:
Personal data that we may collect when you access our online and offline services is protected and processed in accordance with our Privacy Statement.
Hypertext links:
For your convenience, our Site may provide links to other sites that are not operated or controlled by Twas or its affiliates. Twas and its affiliates cannot be held responsible, directly or indirectly, for the accuracy, validity, relevance, legality or otherwise of any information or documents contained on these third-party sites. The creation of hypertext links to our Site is prohibited without the prior written consent of Twas.
Twas Products:
All the products presented on the Site can be obtained at our points of sale, which are managed directly by Twas and its affiliates, or through Twas's official retailers. Twas cannot guarantee the authenticity of products sold on the internet, except for products sold by its authorized retailers. For any further information, Twas invites you to contact an official point of sale or to contact us directly using the “contact us” form. Twas products meet high quality standards. Such a level of requirement naturally restricts production capacity and high demand can limit the availability of certain products. Twas’s official points of sale can provide you with information on the availability of the various products. Twas reserves the right to modify the products presented on the Site at any time.
Online services:
The availability of the services offered on the Site may depend on the geographical area from which you connect to the Site. The services are governed by the general conditions applicable to each type of service, which are displayed when requesting services or on request using the “Contact us” form. Twas reserves the right to modify the services offered on the Site at any time.
Limitation of liability:
To the fullest extent permitted by law, neither Twas, nor its affiliates shall be liable in any manner whatsoever for any direct, indirect or consequential damages, including loss of profits or third party rights, which may result in particular, but without limitation:
- from information or photographs available on our Site; although Twas makes every effort to update the information available on the Site, it gives no guarantee, express or tacit, concerning the Content of the Site, (including product photographs, prices and descriptions) which are indicative and have no contractual value. In particular, the photographs available on our Site may give an inaccurate picture of:
- the temporary inaccessibility of our Site;
- a malfunction of the internet network affecting access to our Site;
- a malfunction or misuse of the user’s device or any other equipment;
- a defect, loss, delay or error in data transmission beyond the control of Twas or its affiliates;
- your use of any material presented on our Site (including, without limitation, the infringement of the rights of third parties);
- the content of information on a third-party’s Site to which our Site may refer by hypertext links;
- a virus damaging your computer equipment or any other property as a result of your accessing or consulting the Site or downloading Content from the Site.
Applicable law and competent court:
Any dispute concerning these Terms of Use, the Content or the use of the Site shall be governed in accordance with the laws of the United States, to the exclusion of the rules of private international law, and the ordinary courts of the Twas headquarters shall have exclusive jurisdiction to settle such disputes, subject to the right to seek redress before the United States Federal Court.
Contact:
Any request relating to these Terms of Use, to the use or to the Content of the Site may be addressed under the “Contact Us” section.
Privacy Notice:
Your personal data is very important to Twas (“we” or “our”). This notice (the “Privacy Notice”) is to inform you about the processing of personal data that we may collect when you access our online and offline services, including the personal data we gather through our various channels, such as our websites, apps, social media, our customer relations centers, points of sale and the events we organize.
The Twas Cookie Policy is a supplement to this Privacy Notice and describes what cookies are, what Twas can do with them and the way in which any person can accept or refuse to receive a cookie operated by Twas on his/her terminal.
Whenever you provide your personal data to a given Twas entity, such entity is responsible for the collection and processing of your personal data, at the local level, for the purposes of managing the commercial or contractual relationship relating to Twas products and services, in accordance with the applicable local laws.
At the group level, the United States company Twas, 3333 Warrenville Rd STE 200, Lisle, IL 60532, is responsible for defining the overall policy regarding processing and management of your personal data for commercial and marketing purposes (such as management of the group’s central CRM system and promotional campaigns at group level as opposed to local campaigns), as well as management of the www.twas.art website.
We invite you to take the time to read this Privacy Notice in its entirety. We are available to answer any questions you may have, particularly in the exercise of your rights to your personal data described in Section VI.
I. PERSONAL DATA WE COLLECT
This Privacy Notice applies to any personal data we may collect from you or about you (see below), from the following sources:
• Purchase of an Twas product or an after-sales service request;
• Visits to Twas points of sale managed by Twas, as well as participation in events organized or sponsored by Twas;
• Participation in contests, sweepstakes, games and other promotional activities (whether online or in person, with or without a registration);
• Registration forms that we collect, whether printed or available on electronic tablets;
• Electronic and telephone communications, as well as face-to-face exchanges, even informal, between Twas and yourself;
• Electronic and telephone communications with Twas customer relations centers;
• Visits to our websites and use of Twas mobile apps (“Sites”): in particular when creating and using an account on our Sites, responding to a form or using a service (subscription to our newsletter, request for contact or information, making appointments), or of a feature or resources published on our Sites. You will be asked to identify yourself, but you may also visit our Sites without registering;
• Online submission of job applications;
• Data that you share publicly in the course of your interaction with Twas on social media (for example, when you “like” an Twas page on social media platforms such as Facebook, Instagram, Linkedin, Twitter, Pinterest, WeChat, YouTube, Snapchat and TikTok) or on public discussion platforms;
• Data about Twas products and services that are publicly available on third-party websites or social media or collected indirectly from third parties;
We may collect different types of information from the above sources depending on the purpose and the manner in which you interact with Twas (face-to-face, online, by telephone, etc.), as indicated below:
• Identity and contact information: any information you provide us that would enable us to contact you or to identify you, such as salutation, name, last name, e-mail address, postal address or telephone number, as well as your picture, such as you may have uploaded it to your personal account or that you have agreed to provide to us in the context of events organized or sponsored by Twas, We may also process the images taken as part of the surveillance systems in place in retail spaces and points of sales managed by Twas.
• Personal status, preferences and purchase history: any information describing your demographic and behavioral characteristics. These include, for example, your date of birth, age range, gender, citizenship, language preference, employment status (job title and contact details, company/employer, other professional information), marital status, your links with other Twas customers or prospects, interests (sports, leisure, art), or lifestyle preferences, as well as other preferences, such as your favorite products, list of favorites, products registered in your account, the history of your purchases and sales and the services you have requested.
•Participation information: any information you provide us when you participate in contests, sweepstakes, games and other promotional activities such as answers to questions, surveys, or quizzes, timestamp, place and method of participation, levels reached, awards/badges won, tasks completed, progress.
• Data relating to the traffic and use of our Sites: when you interact with our Sites, we may collect browsing data using automated data collection technologies, including a dialogue between the website server and your browser. Traffic data may include the browser name and the type of device you are using, as well as technical data about how you connect to our Sites, including your operating system, the IP address of your device connected to the Internet, the identifier of your Internet access point, the date and time of your last visit and the Internet service providers you use. Such data is used for statistical purposes and the analysis of such data is used to improve our Sites, so as to provide you with a personalized browsing experience tailored to your preferences and interests, for example, by directly displaying the pages in your preferred language on your next visit. Such information is captured using automated technologies such as cookies (browser cookies) and web beacons (such as JavaScript); they are also collected through external tracking services (Google Analytics). Please consult our Cookie Policy to find out how you can adjust your cookie settings and obtain detailed information about cookies we use and how we use them.
• Customer feedback: any information that you voluntarily share with us about your experience using our products and services (i.e. in the event of a complaint or in the context of discussions, even informal ones, with our employees).
• Information from social media: we may have access to information that you share publicly on third-party social media, such as the social media listed above or other public discussion forums. If you wish to stop sharing this information, we recommend that you read the terms of use of the social media concerned.
• Payment information: any of the information that we need to fulfill an order or that you use to make a purchase, and information or documents required by applicable legislation, in particular anti-money laundering laws, anti-corruption legislation as well as embargo and sanction-related decisions, as part of “know your client” type verifications.
We recommend that you only provide the data requested or necessary for your request, to the exclusion of sensitive data relating to race, ethnic origin, political opinion, religious or philosophical beliefs, as well as data concerning health, sex life or sexual orientation.
Links to other websites. Our Sites may contain or use links to third-party websites (such as advertising, our partners or social media). Such third-party websites have their own privacy policy (including on the use of cookies), which we invite you to review. We do not accept any responsibility for the privacy policies of any such third-party websites that you access at your own risk.
Privacy and protection of minors. Our Sites are not intended for users under 18 years old. We do not knowingly collect personal data from children under 18 years of age. If you are a parent or guardian and you know that your child has provided us with personal data, please contact us. If we realize or are aware that we collected personal data from a child under the age of 18 without verification of parental consent, we will take steps to remove such information from our servers, unless we are required to retain it by law (accounting or purchase data, data necessary for applicable guarantees or the management of complaints, etc.). In any event, users under 18 who provide us with personal data have a discretionary right to the erasure of their data which they can exercise, at any time and without cause, alone or through their usual guardian, by contacting us at the address mentioned in Section VIII “Contact Us”. Requests for erasure will be processed under the conditions and subject to the reservations described above.
II. USE OF YOUR PERSONAL DATA
We collect and use your personal data on one or more of the following legal bases:
• We have obtained your prior consent (e.g. when you subscribe to our newsletter). Please note that with this particular legal basis, you have the right to revoke your consent at any time (see Section VI);
• This data processing is necessary in the context of a contract between Twas and you (for example when you make a purchase or request after-sales service);
• We have a legitimate interest in carrying out the processing and this legitimate interest is not overridden by your interests, fundamental rights or freedoms (e.g. prevention of fraudulent or illegal activity);
• We must process your personal data in order to comply with the laws and regulations in force.
Depending on the context, we may use your personal data for the purposes described below. Please note that the types of use listed below depend on your use of our services and do not systematically affect each user:
• Processing of your orders, your requests for products (including your registration on waiting lists), purchases (including any refund requests) and deliveries;
• Providing you with the services you have requested, including within the framework of the exercise of warranty and after-sales services;
• Carrying out checks to identify you and verify your identity;
• Answering your queries, questions, including your requests for the exercise of rights;
• Improving customer service and managing our relationship with you; The data collected, which can be cross-checked from the various sources cited in Section I., helps us respond to your requests, meet your needs more effectively and improve our products, services and customer experience according to your preferences and the history of your relationship with Twas;
• Managing the events you have registered for and/or attended;
• Sending you regular marketing communication, in particular about Twas, news on our products and services, our events, points of sale or satisfaction surveys concerning our products and services, with your consent when required;
• Addressing your advertising offers and chatting with you on social media when you interact with third-party social media features such as “likes”. We recommend that you review the terms of use of the relevant third-party media to learn about these features and, if necessary, terminate your registration;
• Managing and improving our Sites and the services offered therein, as well as your accounts, including personalizing and facilitating your user experience on our Sites by presenting you – whether when you visit our Sites or in the personal space of your account – with Twas-specific content that corresponds to your interests. We are also likely to cross-reference this data to better understand how users, as a group, use the services and/or resources available on our Sites;
• Organizing contests, sweepstakes, games and other promotional activities;
• Managing and registering lost, stolen or counterfeit products;
• Managing stocks of certain high-demand products to ensure fair distribution of the products we sell;
• Detecting, preventing and fighting against any fraudulent or illegal activity, including to protect your transactions from payment fraud, acting against counterfeiting and resale of our products in violation of our general terms and conditions and/or the rules applicable to our distribution network;
• Complying with our billing and accounting obligations, as well as our legal and regulatory obligations (such as those arising from anti-money laundering or anti-corruption laws and embargo or sanction-related decisions);
• Dealing with any claims or litigation;
• Producing reports and statistics, particularly for the purpose of measuring traffic on our Sites;
• Managing the process of recruiting applications submitted on our Sites;
• Guaranteeing the safety of boutiques and points of sale managed by Twas;
• Guaranteeing IT security and IT operations.
III. HOW WE PROTECT YOUR PERSONAL DATA
We have put in place reasonable organizational, human and technical measures to adequately protect your personal data, as well as our processing of it. In order to prevent any unauthorized access to your personal data and thus prevent them from being altered, disclosed or destroyed, the measures applied follow recognized information security standards. They are regularly adapted and improved in line with technological advances.
Nevertheless, even though we strive to protect your personal data in our possession, we cannot guarantee the security of the information transmitted on our Sites during its transit through the Internet by means of any unsecured protocol.
IV. SHARING OF YOUR PERSONAL DATA
We undertake not to sell, exchange, rent or transfer in any way your personal data without your consent (which will have been given after receipt of prior information) and subject to the cases listed below:
Transfers within Twas: the various Twas entities may share your personal data with each other in order to ensure the continuity of our services, our relationship with our customers, our potential customers and the users of our Sites, as well as to ensure the continuity of our offers and information intended for you. Your personal data may thus be collected, stored and processed by an Twas entity located in the following countries/regions: Switzerland, the United States, the European Economic Area, China mainland, Taiwan area, Japan, South Korea, Hong Kong area, Macau area, Singapore, Malaysia, Thailand, Lebanon, Israel, Dubai, Abu Dhabi and Russia. When we transfer personal data to a country that is not designated by the Federal Data Protection and Transparency Commissioner or by the European Commission as providing a sufficient level of protection for personal data, the transfers are governed by the contractual clauses in force adopted by the European Commission and adopted by the Commissioner or through mechanisms validated by the latter or by the competent authorities in charge of personal data protection within the European Economic Area and, where appropriate, supplemented by measures that may be required in other jurisdictions.
Transfers to third-party service providers: In addition, we may share your personal data with third parties that may also be located abroad, for the following purposes:
• We may use third-party service providers to help us operate our business (for example, in fulfilling orders, payment processing, frauds detection, identity verification, management of our customer relations centers, the sending of newsletters, the organization of events, the management of our information systems), and administer our Sites and the services offered therein, in particular by the use of Google Analytics, as described in the Cookie Policy.
• We may share your contact, your purchase and sale history of Twas products, or appointment requests with the retailers;
• For the purposes described in Section II hereinabove, we may share with our commercial and advertising partners cross-references of demographic information by user groups (thus containing no direct identification of our visitors), for statistical purposes and for advertising Twas's products and services.
• We may disclose such information to a third party in connection with any merger or acquisition, or to any organization involved in any transfer or sale of our business or our capital.
We always require these third parties to provide sufficient guarantees of confidentiality and security as well as to take the necessary organizational and technical measures to protect your personal data in accordance with the applicable legislation. When we transfer personal data to a country that is not designated by the Federal Data Protection and Transparency Commissioner or by the European Commission as providing a sufficient level of protection for personal data, the transfers are governed by the contractual clauses in force adopted by the European Commission and adopted by the Commissioner or through mechanisms validated by the latter or by the competent authorities in charge of personal data protection within the European Economic Area and, where appropriate, supplemented by measures that may be required in other jurisdictions. In addition, service providers are only allowed access to your personal data and use it on our behalf in relation to the specific tasks assigned to them, based on our instructions.
The list of countries to which we transfer personal data may change. You may request an up-to-date list of countries to which we may transfer your personal data for specified purposes from the address given in Section VIII “Contact Us”.
Transfers to third parties for legal reasons: we may disclose personal data to meet legal requirements, respond to a request from a competent law enforcement agency, exercise our rights or defend ourselves in the context of a claim or legal proceeding or to provide evidence to protect the interests of an Twas entity and to combat fraud.
V. STORAGE OF YOUR PERSONAL DATA
We keep your personal data for the time necessary to satisfy the different purposes set out in Section II hereinabove, except in cases in which the law allows us or requires us to keep such data longer.
In particular:
• The personal data used to manage our relationship with you or to send you information, especially about Twas, news on our products or services, events or satisfaction surveys will be kept for the duration necessary for the management of our relationship with you, and a three-year period from the end of your business relationship with Twas or from your last use of the services available on our Sites or your last contact with Twas (if applicable from the end of the warranty period applicable to your purchase).
• Data related to the management and history of your purchases and the services provided to you, as well as the management of complaints and calls upon guarantees will be retained for a maximum period of ten years from the last event.
These maximum periods apply unless you request the deletion or termination of the use of your data before the expiry of these periods for any ground compatible with a legal obligation of conservation that may be imposed on Twas.
VI. YOUR RIGHTS TO YOUR PERSONAL DATA
Access to personal data, modification, updates and deletion: if applicable law provides so, you may (i) request access to your personal data held by an Twas entity, consult such data and obtain a paper or electronic copy thereof, and (ii) request the correction, limitation, updating or deletion of your personal data or oppose the processing of such data. You may exercise such rights by sending a written request to the Twas entity with which you interact or to the postal or electronic address indicated in Section VIII “Contact Us”, below. In general, we can verify the identity of the applicant by comparing the information you provide with information we have collected about you. However, we may need to ask you for additional information to verify your identity. Insofar as we are able to verify the applicant's identity with a satisfactory degree of certainty, we will endeavor to present you with the relevant personal data, or to correct or delete it, in accordance with your request and as provided for by the applicable law.
Please note that in some cases, we may not be able to delete your personal data without also deleting your user account. We may also have to keep some of your personal data after a removal request, in order to meet our legal or contractual obligations. We may also be permitted by applicable law to retain some of your personal data to comply with our legal obligations.
Opt-out: you may also ask to no longer receive information or offers from us at any time, either by following the unsubscribe process described in the messages you may receive from us, or by writing to us at the address indicated in Section VIII “Contact Us”, below. If you do so, we will update our database and take all reasonable steps to respond to your request as quickly as possible, but we may continue to contact you to the extent necessary in connection with any product or service you have requested.
Data portability: given the extreme specificity of the fine watchmaking products designed and marketed by Twas, as well as the services associated therewith, Twas cannot, unless a written and specific individual request is addressed to us and justified by a legitimate reason, be subject to portability as defined by the GDPR.
Complaint to a supervisory authority: without prejudice to any other legal remedy, you have the right to lodge a complaint with your competent supervisory authority for the application of data protection rules in the event of an alleged breach of the data protection rules applicable to you.
VII. AMENDMENTS TO OUR PRIVACY NOTICE
We reserve the right to change this Privacy Notice at any time. We encourage you to check this page periodically for updates and to stay informed about the steps we take to protect the personal data we collect. It is your responsibility to regularly review our Sites to be aware of any changes made thereto.
VIII. CONTACT US
If you have any questions about this Privacy Notice, please contact us at the following address: Twas, 3333 Warrenville Rd., STE 200, Lisle, IL 60532
