Privacy Policy Festina connected products
Your privacy is important to us at Festina Lotus S.A (Festina). This Privacy Policy contains information on how we process your personal information when you are using our products, creating an account and are using our apps.
This Privacy Policy explains why we collect your personal information, how we are using your personal information and for how long we will use your personal information. This Privacy Policy contains how we protect your personal information, what rights you have in relation to your personal information and the contact details if you want to exercise your rights.
In this Privacy Policy, Personal information is information and data that can be used either directly or indirectly to identify you. App is the app that you install on your mobile device for use of our services. Product is a connected wearable/watch that you connect via our app to your mobile device. Service is the combination and the full user experience of the app, product and features that we offer in the app and the product.
Personal information that we collect
In order to provide you with our services and the full range of features of our products and apps we use personal information. The personal information that we collect are described below.
1.1 Personal information that is processed when you create an account
For some products, in the app you are creating an account. When you create an account, we ask for information from you such as your name, email address, password. For the name you can decide to enter a nickname instead of your full name if you wish. When you are creating an account, a welcome email will be sent to you for account verification.
How we use the information and the legal ground:
When you are creating an account, we process your name, email address and password because you use them to log into your account. The legal basis for processing your email address and password for this purpose is our legitimate interest in maintaining the security of your account. When you are logging in via a third party account we will use the email address if it is available to us but the password to the account is not known to us.
1.2 Additional personal information that is processed when you create an account for a product with heart rate sensor
For our products with heart rate sensor, we ask for personal information from you such as your date of birth, gender, weight, height when you are creating your account profile.
How we use the information and the legal ground:
We process your date of birth, gender, weight and height to calculate your health-related metrics when you are using the features in the product, such as calories burned and VO2max. The legal basis for processing this information for these purposes is your consent. The only way to remove this information is through deleting your account, which is done in your account settings. Even if you stop using the feature we will keep the data provided previously.
1.3 Personal information that is processed when you use our products
1.3.1 Device information:
For some products, the product collects data to estimate a variety of health metrics like the number of steps you take, calories burned, heart rate, sleep stages.
How we use the information and the legal ground:
We process this information to provide you with information about your health and activity. In order to help you to understand your daily movement habits and to provide you with information about your recorded workouts. We collect your sleeping stages to provide you with an insight about your sleeping patterns, with the aim of enabling you to understand and improve your sleeping habits. The legal basis for processing this information for these purposes is your consent. The only way to remove this information is through deleting your account, which is done in your account settings. Even if you stop using the feature we will keep the data provided previously.
1.3.2 Synchronize your product to our app
During a synchronization between your product and our app we log data on our servers about date and time of the synchronization, information about the product (model number, FW version, battery level), app version, and account and fitness information.
How we use the information and the legal ground:
We process this information to identify and fix errors or synchronization problems. The legal basis for processing this information for this purpose is our legitimate interest in fixing errors or synchronization problems and providing quality product support. We don’t connect the synchronisation information with account information and health data since the synchronisation information is handled separately.
1.3.3 Geolocation information
Our product includes features, such as weather, remember my spot, walk me home, workout, IFTTT, that use location-based data. For these features, the product uses precise geographical data based on connected GPS signal in the mobile device. The geographical positions are stored in the app and we don’t store this information on any server, except for workouts done with activated GPS. We only provide these services if you have granted access to your GPS location on the mobile device. You can always remove access in your mobile device settings.
How we use the information and the legal ground:
The purpose of processing your device's location is to provide you with the geolocation-based services you want to use in the product. The legal basis for processing this data is for the purpose to fulfil the agreement on the feature and usage of the product.
The workout GPS data is linked to your account and is saved separately on our servers, and we don’t access or process this information, the only purpose to store this data on a server is to provide you access and control of these features.
1.3.4 Walk-me-home
In the feature Walk-me-home, we will send information about your geographical location to your appointed safety contact person.
How we use the information and the legal ground:
We use this information to send real-time information about the location of a user wearing our product to the dedicated safety contact person. We only store the geographical location when the feature is activated and shared with the appointed safety contact person. When the feature is not used the geographical location is delated from our server. The legal basis for processing this information is our legitimate interest in allowing our users to have a real-time tracker service for safety reason that can be shared to a family member or a friend. Further, the legal basis for processing this data is for the purpose to fulfil the agreement on the feature.
When do we share personal information
The privacy of your personal information is important to us. We are not sharing your personal information except in the limited circumstances described below.
2.1 Information when you connect your account to Third party app
Our app allows you to download your personal information and share it. Here we hand over the responsibility to you on how this information is handled and shared.
If you choose to authorize us to permit a third party, such as Google fit, Apple health or Strava, to access your activity data in your account, then we will share the data with the third party. We will not do this without your explicit consent. Once you direct us to share data with a third party, the third party's handling of your personal information is the responsibility of that third party, and you should carefully review the third party's privacy policy. You can choose to stop sharing data with the third-party app or service provider at any time with your account.
2.2 Legal obligation
We may process and disclose personal information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.
2.3 Other disclosures
In the event that we or substantially all of our assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation, or other similar corporate reorganization, your personal information may be part of the transferred assets. We will continue to take measures to protect the confidentiality of your personal information and we will inform you about and ask for your permission for the transfer of your personal information to a new entity.
Analytics
To learn more about how our users are using our services, we collect information about how our users interact with our products and apps. We use a third-party analytics tool, Google analytics firebase, to collect, process and store the analytical information.
The type of analytical information collected includes the date and time of access to our servers, software version and firmware version, language setting, battery level, user behaviour (e.g. which features are used and frequency of use), device state information, crash/diagnostics logs, device model, hardware and operating system information, and information about how the product and app works. The analytical data that we are handling are de-identified and cannot be connected to an account or personal information and we do not merge analytical data with personal information.
How we use the information and the legal ground:
We track and run this type of analysis of the usage of our services, hence products and apps, to understand usage and trends. To improve the quality, safety, and functionality of our products and apps, to develop and market products and features that are most useful to you and other users, and to identify and fix stability and other usability issues as quickly as possible.
The legal basis for processing this analytical information is our legitimate interest in understanding how our customers interact with our services for improving the user experience and features to provide relevant features and high-quality services.
When enabling notifications from text messages, phone calls, emails, calendars, app alerts etc. we want to highlight that no content can be accessed or stored by us, in our analytics data we can only see that notifications have occurred.
How we keep your personal information and data safe
We work hard to keep your personal information and data safe and personal information safety is important to us. Your personal information is stored on servers owned and maintained by Festina Lotus A.S or by Festina suppliers.
We at Festina are committed to keep your personal information secure against unauthorized access or use, alteration, unlawful or accidental destruction and accidental loss. We constantly evaluate and are improving its measure to fulfil that commitment.
Your rights to access and control your personal information and how long we store the data
The right to access, control and handle your personal information is crucial to us, we therefore give you the control to access and handle your personal information regardless of where you live. We encourage you to address any inquiries or concerns you may have regarding our use of your personal information by using the contact details provided in section 8.
5.1 Access, control and deleting your personal information
You have access to editing, deleting and downloading your personal information in the app. By logging into your account and using your account settings, you can change, download and delete your personal information. If you choose to delete your account, it will take 7 days to delete your information, with the condition that you don't log in to the account during these 7 days, doing so will automatically reset your account.
5.2 Data retention
We will retain your personal information as long as necessary to provide you with our services which are product and app functionalities, as long as your account is active.
We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account.
We keep other information, like your workout and health data, until you delete your data or account because we use this information to provide you with our service.
After a time of inactivity and a notification from us, we will delete your personal information obtained from the app and product from our systems.
5.3 Your rights
If you reside in the EEA, U.K., or Switzerland, you have the right, subject to the conditions set out in the General Data Protection Regulation (GDPR) or other applicable law, to request from Festina access to and rectification or erasure of your personal information, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. For more information about these rights, please visit the European Commission’s My Rights page relating to GDPR, which can be displayed in a number of languages. If you reside outside of the EEA, U.K., and Switzerland, you may have similar rights under your local laws.
To request access to or rectification, portability, or erasure of your personal data, or to delete your Festina account, please contact our Data Protection Officer atlopd@festina.com.
If you do not reside in the EEA, U.K., Switzerland and wish to exercise your right to restriction of processing or your right to object to processing under your local laws, please contact our Data Protection Officer at lopd@festina.com.
Children policy
We do not knowingly collect, maintain, or use personal information via our services about children under the age of 13 in the U.S. and under the age of 16 in the rest of the world. We therefore request individuals under the relevant minimum age not to provide personal information to us. If we become aware that a child under the relevant minimum age has sent personal information to us, we will take immediate action to delete the personal information from our servers. Parents who believe that their child has submitted personal information to us and would like to have it deleted can contact us at lopd@festina.com.
Changes to this privacy policy
We may update this Privacy Policy from time to time as we add new products, features, and apps in our services, as we improve our current offerings, and as technologies and laws change. You can determine when this Privacy Policy was last revised by referring to the revision number legend at the top left of this page. Any changes will become effective upon our posting of the revised Privacy Policy.
We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided in the app that links to this Privacy Policy.
Who we are and how to contact us
The apps, products, features and services are provided to you by Festina Lotus S.A, Velázquez Street nº 150, 3rd 1, 28002 Madrid, Spain
If you need further assistance regarding your rights, access and control your personal information provided via our services, please contact our Data Protection Officer at lopd@festina.com, and we will consider your request in accordance with applicable laws. You also have the right to lodge a complaint with your local data protection authority.