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Data Privacy Statement – Citizen CCC Portal

 

 

Data Protection Policy

1. Your private sphere is important for us

Protecting your personal data – for example when you register and use the "Partner Area" on this website set up by Citizen under www.citizen-systems.com – is very im-portant for us. Therefore your data is protected by technical security systems. Collection, storage and use of your personal data always comply with statutory provisions, in particular the Federal Data Protection Act and the Telemedia Act.

 

This data protection notice provides information on Citizen's data protection policy and actions and also about how you can shape the online entry and use of your personal data through the information options available to you. You will find this data protection notice not only in the footer of every page on this website; you can also request a copy at any time by email from the Citizen data protection representative responsible for the www.citizen-systems.com website (datasecurityofficer@citizen-europe.com).

 

2. Scope of this data protection notice

This data protection notice covers and applies solely for the www.citizen-systems.com website and its subpages (apart from the Citizen Consul Club's Portal pages, the corresponding data protection policy for this can be found here) and thus for all corresponding personal data.

 

Citizen would like to point out that the www.citizen-systems.com website may contain links to applications, services, internet websites or products of third-party providers. By clicking those links you leave the www.citizen-systems.com website and thus the scope of this data protection notice. Citizen has no influence over the internet websites of third-party providers or how they handle personal data. Any data you provide to or allow to be collected by such third-party providers is not covered by this data protection notice.

 

3. Visiting the www.citizen-systems.com website

Every time a user visits this website or when a file is called down, personal data which your browser sends us is automatically collected and saved in the server log files. This data includes in particular:

 

  • URL of the called (sub-) page;
  • Date and time the page is accessed;
  • Host name of the accessing computer (IP address) where available;
  • Browser version and operating system if passed on by the client;
  • Referrer URL (previously visited internet page) if passed on by the client.

 

We collect this data in particular for system security and system administration purpos-es. We also use the data to optimize our internet offering, for statistical purposes and to ensure proper operation of the website. This data is then deleted at regular intervals af-ter being used for those purposes. Furthermore, it is not traced to particular persons or pooled with other data sources, unless this is done as protection against attacks which are against the criminal law or which hinder or impair the functioning of our web offering.

 

4. Completing the contact form

When you enter other data voluntarily on the www.citizen-systems.com website, e.g. by completing the entry fields in the contact form, this information is (also) saved by Citizen. You give your consent to the storage and use of your data by entering that data and sending it to Citizen. Needless to say, we use your data only as permissible and for the purpose for which it was sent.

 

5. Collecting your data

 

Registration for the Partner Area of the www.citizen-systems.com website will take place after your or Citizen's request. Following registration, your personal data will be saved and used as permitted by law until revoked as per this data protection notice.

 

  • Surname and first name;
  • Company/employer, position
  • Address
  • Contact information such as telephone number or email address;
  • Username and password

 

6. Use of your data / purpose

We use the personal data you provide when registering for the Partner Area on the www.citizen-systems.com website to answer questions you send us. The email address you enter is also used for other administrative communication and also for sending our current newsletter and price lists in conjunction with your registration for the Partner Area.

 

Except as permitted by law, we will not use your data for any other advertising purposes, unless you have expressly given and not revoked your consent to advertising.

 

7. Technical and organizational data security

Access to certain parts of the Partner Area is protected by a password you have re-ceived by email. This password is saved in an encrypted form. So as to ensure this security, we ask you to choose a secure password (e.g. by combining upper and lower case letters, using numbers, etc.); you should also keep your password secret and al-ways log off when leaving the Partner Area.

 

The website software, operating systems on the servers, firewall and antivirus programs are continuously updated so as to ensure a high level of data security. However, in the field of information technology there can be no 100% security, e.g. against hacker attacks – we take the technical and organizational actions required for data security, but cannot give any guarantee for data security.

 

8. Disclosure of personal data

We only disclose your personal data if, and in so far as, this is necessary for using the Partner Area.

 

Apart from the following cases, Citizen will not disclose your personal data to third parties without your express consent. Excluded from this are in particular legally compliant requests for information by the police, the public prosecutor's office, government departments or other authorised public agencies and also the general need for disclosure to comply with statutory regulations or court orders. In addition, Citizen reserves the right to use your personal data as permitted by law to protect and/or assert its rights or the rights of companies affiliated with Citizen under company law. Citizen would like to point out that in the event of company restructuring your personal data can be disclosed to immediate parties to the restructuring. In such cases, Citizen will strive to ensure reasonable protection of your personal data.

 

9. Cookies and Google Analytics

Citizen also uses "cookie" technology on the www.citizen-systems.com website to track activities on the website and to make our pages safer, more effective and more user-friendly, e.g. by saving the settings you have selected. Cookies are small text files, saved permanently on your hard drive or only for an Internet session (Session Cookies) and automatically deleted when you close your browser.

 

As a rule, your Internet browser accepts the cookies automatically and saves them on your computer hard drive. You can change the settings of your browser so that you receive a message about the use of cookies. This makes the use of cookies on websites transparent for you. You can also set your browser to refuse all cookies. If your Internet browser does not accept cookies, this can restrict the usability of this website. Even if you do not allow any cookies, you can still access certain areas of our website by entering your email address.

 

In addition, the www.citizen-systems.com website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics also uses "cookies" which are saved on your computer and enable your use of the website to be analysed. As a rule, the information generated by the cookie about your use of this website is transmitted to and saved on a Google server in the USA. If you activate IP anonymisa-tion on this website, Google will first truncate your IP address within member states of the European Union or in other signatory states of the Convention on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and truncated there. Google uses this information to analyse your use of the website, to compile reports about website activities and to render other services related to the use of the website and the Internet on behalf of the operator of this website. Google will not combine the IP address sent by your browser for Google Analytics with other data. You can refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. In addition, you can prevent Google acquiring the data generated by the cookie that relates to your use of the website (including your IP address) and the processing of the data by Google by downloading and installing the browser plug-in provided at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. More information about the terms of use and data protection by Google can be found at http://www.google.com/analytics/ terms/de.html and http://www.google.com/intl/de/analytics/privacyoverview.html. You can find the Google data protection policy at: www.google.com/intl/de/privacypolicy.html#information.

 

By using the www.citizen-systems.com website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

 

10. Revoking consent

Citizen would like to point out that you can revoke your consent to the saving and use of data at any time with immediate effect by email to the Citizen admin (admin@citizen-europe.com) or by letter to Citizen Europe GmbH, Otto-Hirsch-Brücken 17, 70329 Stuttgart.

 

11. Information about your data / deletion and right of objection

Your trust is very important for Citizen. We are available at any time, should you have any questions relating to the processing of your personal data. You can view your data at any time in the "Partner Area". Upon request, Citizen will give you written information free of charge, in accordance with applicable law (see Section 34 Federal Data Protec-tion Act) about the data stored on you, its origin and categories of recipients to which the data may be disclosed, if applicable, and the purpose of processing. In addition, we are obliged to correct, block or delete the data stored about you upon request, unless other statutory regulations prohibit this (e.g. statutory duty to preserve records).

 

If you cancel your registration for the "Partner Area" of the www.citizen-systems.com website, your personal data will be deleted without undue delay within the relevant statutory periods.

 

Please send any questions of this nature, and also any other questions you may have about data protection, to the Citizen data protection representative (datasecurityofficer@citizen-europe.com).

The latest version of this data protection policy is November 2013. Citizen reserves the right to update or to amend this data protection policy at any time. You can find then the new data protection policy in the footer of this website with the same conditions as in this data protec-tion policy. Should the new data protection policy contain significant changes, Citizen will draw your attention to this in a corresponding message on the website or by email.

 

 

Legal information concerning the use of the www.citizen-systems.com website

Accessing and using this Citizen Europe GmbH website is subject to the following legal information:

 

1. General

The www.citizen-systems.com website may be used only as legally permitted and in a manner that does not infringe any rights of third parties and that does not restrict or hinder use of this website by other users.

 

Such a restriction or hindrance will be assumed inter alia in the event of illegal or offensive behaviour and also the distribution of offensive or insulting content on this website.

 

2. Intellectual property

 

2.1 Copyright

Citizen holds all rights to the content of the www.citizen-systems.com website, in particu-lar copyrights – unless indicated otherwise. You may not copy, download, save (on any medium), transfer, display or make publicly accessible, edit or in any way change copy-right protected content on this website or parts thereof without Citizen's prior written consent.

 

2.2 Names, images, logos and trademarks

The names and logos relating to Citizen, Citizen Systems Europe GmbH, Citizen Sys-tems Japan Co. Ltd, Citizen Watch Co. Ltd, Citizen Holdings Co. Ltd or third parties and their products and services are protected marks of Citizen, Citizen Systems Europe GmbH, Citizen Systems Japan Co. Ltd, Citizen Watch Co. Ltd, Citizen Holdings Co. Ltd and/or third parties. These marks may not be used without prior written consent.

 

3. Liability

The content on these web pages is for information purposes only. Citizen strives to ensure that the information and data on these web pages are correct and up to date. However, Citizen does not give any guarantee for the quality of the provided information and data and that the said information and data are correct, complete and up to date. Liability for the content of the information on this website is therefore excluded.

 

4. External links

The internet offering of Citizen contains links to third-party websites so as to provide the best possible user-friendliness and information. We point out that the corresponding website operators, and not Citizen, are responsible for the content therein. Citizen expressly does not adopt the content of these linked Internet pages as its own and therefore cannot give any guarantee whatsoever for the correctness, completeness and availability of the information on such third-party websites. The same applies for the compliance with data law by those third-party offerings.

 

If you notice that content on a linked website is no longer available or is against the law, you can inform Citizen by sending an email to the administrator (admin@citizen-europe.com) and we will then look into the matter.

 

 

Citizen Systems Europe GmbH: General Terms and Conditions

1. Applicability

(1) These General Terms and Conditions (GTC) shall apply to all our commercial relationships with our customers (hereinafter referred to as "Purchasers"). The GTC shall only apply if the Purchaser is an entrepreneur in terms of Section 14 of the German Civil Code (BGB), a corporate body under public law or a special fund under public law.

 

(2) The GTC shall in particular apply to contracts for the sale and delivery of chattels (hereinafter also referred to as "products" or "goods"). The GTC shall apply as amended as a framework agreement, including to future contracts for the sale and delivery of our products to the same Purchaser, without a need for us to refer to them in each individual case. We shall inform the Purchaser without delay of any changes to our GTC.

 

(3) Our GTC shall apply exclusively. Any deviating, conflicting or supplementary General Terms and Conditions of the Purchaser shall not become an integral part of the agreement, unless expressly consented to by us. This requirement for consent shall always apply, in particular also where, in knowledge of the Purchaser's GTC, we supply the Purchaser without reservation.

 

(4)Individual agreements concluded with the Purchaser (including ancillary agreements, additions and amendments) shall prevail over these GTC. Our written confirmation and/or a written contract shall determine the content of such agreements.

 

(5)Declarations and notifications of legal relevance which the Purchaser issues to us after contract conclusion (e.g. setting of time limits, notifications of defect, declarations of withdrawal or reduction of remuneration) must be in writing to be valid.

 

 

2. Offer and conclusion of contract

(1) Our offers are subject to change and non-binding. Ordering of goods by the Purchaser shall be deemed a binding offer to enter into a contract. We shall be entitled to accept this offer of contract within 14 days of receipt.

 

(2) Acceptance may be declared in writing (e.g. by order confirmation) or by delivery of the goods to the Purchaser.

 

(3) The written purchase agreement, including these General Terms and Conditions of Supply, shall exclusively determine the legal relations between us and the Purchaser. This shall be a complete record of all agreements between the parties on the subject of the contract. Verbal promises on our part made prior to contract conclusion shall not be legally binding, and any verbal agreements between the parties shall be replaced by the written agreement, unless it expressly follows from them that they shall bindingly continue to apply.

 

(4)Additions and amendments to concluded agreements, including to these General Terms and Conditions of Supply, must be in writing to be valid. With the exception of managing directors or authorised signatories, the Purchaser's employees shall not be entitled to conclude verbal agreements in deviation from the above. Written form shall be deemed observed if submission is made by fax or email, provided that a copy of the signed declaration is submitted.

 

 

3. Delivery, transfer of risk, delay in acceptance

(1) Unless otherwise agreed, delivery shall be ex works, which shall also be the place of performance. At the Purchaser’s request, we can arrange delivery to an alternative destination. Please note that additional charges may apply (sale by delivery to a place other than the place of performance). Unless otherwise agreed, we shall have the right to determine the type of shipment (particularly the carrier, the route and the packaging).

 

(2) The risk of accidental loss and accidental deterioration of the goods shall transfer to the Purchaser as soon as they are properly packed for transport and ready for collection by the Purchaser, however, at the latest upon handover to the Purchaser. In case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods and the risk of delay shall transfer to the Purchaser upon handover of the goods to the shipping company, the carrier, or another person instructed to perform the delivery. A delay in acceptance on the part of the Purchaser shall be deemed completed handover.

 

(3) In the event of a delay in acceptance on the part of the Purchaser we shall be entitled to claim any resulting damage, including additional costs (e.g. storage costs). The same shall apply if the Purchaser fails to render a due act of cooperation or our delivery is delayed for any other reason for which the Purchaser is responsible. We shall in these cases charge a flat-rate fee of EUR 25.00 per pallet per week, starting on the delivery deadline or – in the absence of a delivery deadline – upon notification of readiness to dispatch of our products, plus a flat-rate fee of EUR 25.00 per delivery for repackaging costs (regardless of package and/or pallet quantities).

This shall not affect the right to prove higher damage, nor our statutory rights (in particular reimbursement of additional expenses, adequate compensation, termination). The above flat-rate fees shall be credited against any further monetary claims. The Purchaser shall be entitled to prove that we did not incur damage at all or only to a significantly smaller extent than is covered by the flat-rate fees.

 

(4)The delivery shall be insured by us against risk of theft, damage, transport, fire, water damage or other insurable risks only at the express request and at the expense of the Purchaser.

 

 

4. Payment terms and prices; minimum order value

(1) Our current prices at the time of contract conclusion shall apply, ex works, exclusive of statutory VAT, unless otherwise agreed with the Purchaser.

 

(2) In the case of sale by delivery to a place other than the place of performance, the Purchaser shall pay the costs of transport from the warehouse and the costs of any transport insurance requested by the Purchaser. The Purchaser shall be liable for any customs duties, fees, taxes and other official charges. We do not take back transport and other packaging as defined in the German Packaging Ordinance (Verpackungsverordnung) and with the exception of pallets, packaging shall become the Purchaser's property.

 

(3) Unless expressly agreed otherwise, payment will be due in full within 30 days of invoice and supply of the products. We reserve the right to deliver only against prepayment in particular cases (e.g. delivery to certain countries) and shall specify this in the respective order confirmation.

 

(4) Upon expiry of the above payment term the Purchaser shall be deemed in default. An interest rate of 8% above the standard bank base rate will be charged on all amounts outstanding beyond our 30 day payment terms. We reserve the right to claim any further damages resulting from the default. This shall be without prejudice to our right to claim commercial maturity interest pursuant to Section 353 of the German Commercial Code (HGB).

 

(5) The Purchaser shall only have the right to offset claims where its counterclaims are finally established by a court of law or undisputed. The Purchaser shall only be entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship. In the case of defective deliveries the Purchaser's right of retention shall be limited to three times the cost of subsequent performance.

 

(6) Where, after contract conclusion, it becomes apparent that our claim to the purchase price is jeopardised by a lack of payment ability on the part of the Purchaser (e.g. due to an application to open insolvency proceedings), we shall be entitled in accordance with the statutory provisions to refuse service performance and – where applicable after setting a period of grace – to withdraw from the contract.

 

(7) The minimum order value is EUR 500.00 net. Where, in justified exceptional cases, the minimum order value is not reached and we nevertheless supply, an administration fee of EUR 50.00 shall be charged. Where costs exceed the above flat fee we shall only supply against prior acknowledgment of the cost, with the cost to be specified by us.

 

 

5. Delivery terms and delay in delivery

(1) Time periods and dates for deliveries and services specified by us shall only ever be approximate, unless a fixed time period or date has been expressly promised or agreed. Where shipping has been agreed, the delivery time periods and delivery dates shall refer to the time of handover to the shipping company, carrier or other third party instructed to carry out transport.

 

(2) We shall be entitled – without prejudice to our rights from default on the part of the Purchaser – to request an extension of delivery and service time periods or a postponement of delivery and service dates from the Purchaser equivalent to the time period for which the Purchaser fails to comply with its contractual obligations to us.

 

(3) We shall not be liable for impossibility of supply or for delays in supply which occur due to force majeure or other events which were unforeseeable at the time of contract conclusion (e.g. operational malfunction of any kind, transport delays, strikes, lawful lock-outs, shortage of employees, energy or raw materials, difficulties in obtaining necessary official permits, measures by public authorities, or failure to supply, to supply correctly or to supply on time on the part of the manufacturer) and for which we are not responsible. Where such events significantly impede our ability to supply the delivery or service, or render supply impossible, and the obstruction is of a non-transient nature, we shall be entitled to withdraw from the contract. In case of obstructions of a transient nature, delivery or service periods or dates shall be extended or postponed by the duration of the obstruction, plus an appropriate relaunch period. Although we make every effort to deliver goods within the estimated timescales, delays can occasionally occur due to unforeseen factors. In the event of such a delay, and where the Purchaser cannot reasonably be expected to accept the delivery or service due to the delay, then they may withdraw from the contract by advising us promptly in writing.

 

(4) We shall be entitled to perform part-deliveries ending the delay in delivery, if

 

- the part-delivery is useable by the Purchaser within the contractually determined purpose,

- the supply of the rest of the ordered goods is secured.

 

(5) Where we are in default with regard to a delivery or service or where delivery or service becomes impossible, regardless of the reasons for the impossibility, our liability to pay damages shall be limited in accordance with the provisions in Section 8 of these GTC.

 

 

6. Retention of title

(1) We reserve ownership of the sold products until full payment of all our current and future claims from the purchase agreement and the current commercial relationship (secured claims) has been received.

 

(2) Products subject to retention of title may not be pledged to third parties nor transferred as security until full payment of the secured claims has been rendered. The Purchaser shall inform us immediately in writing if and to what extent third parties access products belonging to us.

 

(3) In the event of breach of contract on the part of the Purchaser, in particular in the event of non-payment of the due purchase price, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand surrender of the products on the basis of the retention of title and the withdrawal. Where the Purchaser fails to pay the due purchase price we may only exercise these rights if we have previously unsuccessfully set the Purchaser a reasonable time period for payment or such setting of a time period is not required according to statute.

 

(4) The Purchaser shall be entitled to resell and/or process the goods subject to our retention of title in the course of ordinary business proceedings. In this case, the following provisions shall additionally apply.

 

(a) The retention of title shall extend to the products created by processing, mixing or combination of our goods, to the full value of those products, and we shall be deemed the manufacturer. Where a property right of third parties is maintained through processing, mixing or combination with goods of third parties, we shall obtain co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In other respects, the same provisions shall apply to the product created as for the goods supplied subject to retention of title.

 

(b) As security, the Purchaser with immediate effect assigns to us any claims against third parties resulting from a resale of our goods or the product in full or to the extent of any coownership on our part in accordance with the preceding paragraph. We accept the assignment. The Purchaser's obligations specified in paragraph 2 shall also apply with regard to the assigned claims.

 

(c) The Purchaser shall, in addition to us, be entitled to collect the claims. We undertake to refrain from collecting the claims for as long as the Purchaser complies with its payment obligations to us, is not in default with regard to payment, no application to open insolvency proceedings has been filed and there is no other impediment to the Purchaser's ability to perform. However, where any of these are the case, we may demand that the Purchaser disclose to us the assigned claims and the associated debtors, render all information required for collection, surrender all pertaining documentation and notify the debtors (third parties) of the assignment.

 

(d) Where the realisable value of the securities exceeds our claims by over 20% we shall release securities chosen by us at the Purchaser's request.

 

 

7. Purchaser's rights in case of defects

(1) Our liability for material defects shall be based primarily on the agreement concluded on the quality of goods. Agreements on the quality of goods are defined as product descriptions designated as such which the Purchaser was provided with prior to its order or which were included in the contract in the same manner as these GTC.

 

(2) Where no agreement on quality is in place, the statutory provisions shall determine whether a defect is present (Section 434 (1) sentences 2 and 3 BGB). We do not accept liability for public statements of third parties (e.g. advertising statements).

 

(3) Claims based on defects by the Purchaser are conditional upon the Purchaser's compliance with its statutory duties to inspect and notify pursuant to Sections 377, 381 HGB. Where a defect becomes apparent in the course of inspection or at a later date, the Purchaser must promptly notify us in writing. Notification of defect shall be deemed issued promptly if it is issued within two weeks, with dispatch of the notification within this time period being sufficient. Any obvious defects, including wrong delivery or short delivery, must be notified within two weeks of supply irrespective of this duty to inspect and notify, again with dispatch of the notification within this time period being sufficient. Where the Purchaser fails to perform due inspection and/or duly render the notification of defect, our liability for the non-notified defect shall be excluded.

 

(4) Where the supplied good is defective we shall be entitled at our choice, to be exercised within a reasonable time period, to remedy the defect (rectification) or supply a good free from defects (replacement).

 

(5) If our products are faulty then we will, subject to the purchase price being paid in full, be entitled to carry out a repair. The Purchaser will, however, be entitled to retain a proportion of the purchase price, appropriate to the defect.

 

(6) The Purchaser shall allow us the time and opportunity required for due subsequent performance, in particular, it shall provide the good complained about for inspection purposes. In the case of replacement, the Purchaser shall return the defective good in accordance with the statutory provisions.

 

(7) Where a defect is found, we shall bear the necessary costs associated with inspection and subsequent performance, in particular transport, travel, labour and material costs. However, where a request to rectify a defect on the part of the Purchaser proves to be unjustified we may request reimbursement of the costs incurred as a consequence from the Purchaser.

 

(8) In urgent cases, e.g. in the case of risk to operational safety or to prevent disproportionate damage, the Purchaser shall have the right to rectify the defect itself and demand compensation for the objectively required associated costs from us. The Purchaser must inform us of the performance of such self-remedy immediately, where possible in advance. The right to self-remedy shall not apply where we would have been entitled to refuse the appropriate subsequent performance according to statute.

 

(9) Where subsequent performance fails or a time period set for subsequent performance by the Purchaser expires without success (or where the setting of such a time period is not required by statute), the Purchaser may withdraw from the contract of sale or reduce the purchase price. The right to withdraw is excluded in the case of insignificant defects.

 

(10) The Purchaser shall only be entitled to claims to damages or compensation for wasted expenditure as set out in the following Section 8; such claims shall otherwise be excluded.

 

 

8. Other liability

(1) Unless otherwise stipulated by these GTC, including the following provisions, we shall be liable in case of breach of contractual and extra-contractual obligations in accordance with the relevant statutory provisions.

 

(2) We shall be liable for damages – regardless of legal grounds – in cases of intent and gross negligence. In cases of ordinary negligence, we shall only be liable

 

(a) for personal injury or death,

 

(b) for damages incurred as a result of breach of an essential contractual duty (a duty the performance of which is essential to proper implementation of the Agreement and on the performance of which the other party does and may regularly rely); however, our liability in such a case shall be limited to typically occurring, foreseeable damage.

 

(3) The limitations of liability in paragraph 2 shall not apply where we have maliciously concealed a defect or assumed a guarantee for the quality of the goods. The same shall apply to the Purchaser's claims pursuant to the German Product Liability Law (Produkthaftungsgesetz).

 

(4) The Purchaser may only withdraw or terminate the contract on the basis of a breach of duty which is not constituted by a defect if we are responsible for the breach.

 

 

9. Limitation periods

(1) The general limitation period for claims from defects in quality and title shall be one year from supply.

 

(2) This shall be without prejudice to special statutory provisions on third parties' claims in rem for return, malice, and claims in the course of supplier's recourse in the case of final delivery to a consumer.

 

(3) The preceding limitation periods of the law on the sale of goods shall also apply to the Purchaser's contractual and extra-contractual claims for damages based on a defect in goods, unless application of the regular statutory limitation period (Sections 195, 199 BGB) would result in a shorter limitation period in individual cases. On no account shall this affect the limitation periods under the German Product Liability Law.

 

 

10. Choice of law and place of jurisdiction

(1) These GTC and all legal relations between us and the Purchaser shall be governed by the law of the Federal Republic of Germany, to the exclusion of unified international law, in particular UN law on the sale of goods (CISG). Conditions and effects of the retention of title pursuant to Section 6 shall be subject to the law at the respective storage place of the products where this local law renders the choice of German law invalid or ineffective.

 

(2) Where the Purchaser is an entrepreneur in terms of the German Commercial Code, a corporate body under public law or a special fund under public law, the exclusive – and international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our registered business seat in Stuttgart. However, we shall in addition be entitled at our discretion to commence legal action at the Purchaser's general place of jurisdiction.

 

As of June 2016

 

 

 

Data Privacy Statement – Citizen CCC Portal

1. Your privacy is important to us

The protection of your personal data is of great importance to us, e.g. when you register for the Citizen Consul Club ("CCC") bonus programme at the online portal (the "CCC portal") set up by Citizen Systems Europe GmbH (“Citizen”), apply for membership with the CCC, wish to have your personal points account, log in with your access data or order your rewards. Therefore, your data is protected by technical security systems. The statutory regulations, in particular the provisions of the Federal Data Protection Act and the German Teleservices Act are complied with when your personal data is acquired, stored and used.

 

This data privacy note informs you about the data protection regulations drawn up and the measures taken by Citizen and about how you can co-shape the online acquisition and use of your personal data in the context of your informational self-determination rights. This data privacy note is provided at the CCC portal but you can also request it at any time from the CCC portal administrator by writing an e-mail to cccadmin@citizen-europe.com.

 

2. Scope of the data privacy note

This data privacy note refers to and exclusively applies to the CCC portal and thus to all personal data sent via the CCC portal in the context of your membership or preparation for CCC membership, including the data which is necessary to determine the bonus points for each existing personal bonus points account (the "points account") and for granting the rewards.

 

Citizen points out that the CCC portal may contain links to applications, services, web sites and products offered by third parties. When you click on any of these links, you will leave the CCC portal and hence the scope of this data privacy note. Citizen has no influence on the web sites of third parties and their handling of personal data. Such data which you provide to third parties or the collection of which you allow is not covered by this data privacy note.

 

3. Visits to the web site of the CCC portal

Whenever a user accesses the CCC platform or opens or downloads a file, information which your browser sends to us is automatically gathered and stored in the so-called server logfiles. This information is the following:

 

- URL of the site or sub-site accessed;

- Date and time of access to the site;

- Host name of the accessing computer (IP address) if available;

- Browser version and operating system if communicated by the client;

- Referrer URL (internet site visited prior to access) if communicated by the client.

 

We acquire this data in particular for the purpose of system reliability and system administration. In addition to this, we use the data to optimise our internet offer and for statistical purposes and to ensure proper operation of the web site. This data is deleted at regular intervals after its use for the purposes mentioned. Moreover, the data is not assigned to certain persons and not combined with other data sources, unless to defend us against an attack which constitutes a crime or impairs or compromises the operativeness of our internet offer.

 

4. Completing the contact form

If you enter other data voluntarily at the CCC portal, e.g. by completing the files of the application form, Citizen will also store that data. In this regard you agree to the storage and use of your data by entering it and sending it to Citizen. Of course, we will use this data only within the bounds of what is permitted and for the purpose associated with its transmission.

 

5. Acquisition of your data

When you register for membership with the CCC and for creation of a points account, the personal data you enter yourself in the CCC portal will be stored and, until a possible revocation, used in accordance with this data privacy note.

 

Your personal data disclosed voluntarily on our web site may in particular include the following:

 

- Name and first name;

- Company/employer, post;

- Address;

- Contact information such as phone number and e-mail address;

- Membership number;

- Customer number at your Citizen distributor.

 

Moreover, a prerequisite to your membership with the CCC is that Citizen acquires and stores data regarding your purchases made at the Citizen distributor assigned to the respective points account and uses that data in the context of the CCC. Based on the entry of your customer number and the respective Citizen distributor, Citizen will request that data at the respective Citizen distributor and store, evaluate and use the data acquired in this way for the purposes of the CCC.

 

Citizen needs this data to carry out various transactions in the context of the CCC, e.g. the following (and possibly others):

 

- Creation of your personal points account;

- Registration of your purchases at the Citizen distributor you have assigned to the account;

- Conversion of your purchase data into CCC bonus points;

- Processing of reward orders.

 

6. Use of your data / purpose

The personal data you disclose when registering and applying for membership with the CCC and the data sent by the Citizen distributor relating to your purchases will be used by us to manage your bonus points (including calculation, assignment to the respective points accounts and cancellation of a bonus points credit) and to answer the questions you may ask us. Your postal address is registered for the purpose of confirming the successful creation of your points account, sending your personal CCC membership number and your PIN. Your e-mail address is registered for the purpose of other administrative communication in connection with your membership with the CCC.

 

Moreover, we will use your e-mail address to send you information about current reward offers, campaigns and new products, provided you have given your consent to this upon your application by clicking the appropriate button. You may revoke your consent by sending an informal e-mail to the administrator of the CCC portal (cccadmin@citizen-europe.com) or by sending an informal letter to Citizen Europe GmbH, Otto-Hirsch-Brücken 17, 70329 Stuttgart.

 

Except as permitted by law, your data will not be used for any further advertising purposes, unless you have expressly given your consent to advertising and not revoked your consent.

 

7. Technical and organisational data security

When you log on to your points account for the first time, access is secured by a password (PIN) sent to you by e-mail. The PIN is stored in encrypted format. To maintain that security, we kindly ask you to keep your PIN secret and to always log off when you exit your points account.

 

The webshop software, operating systems of the servers, firewalls and antivirus software are continuously updated to guarantee a high level of data security. However, there cannot be 100% security in the field of information technology e.g. against hacker attacks — we take the technical and organisational measures necessary for data security but we cannot give you a guarantee with regard to data security.

 

8. Disclosure of your personal data by us

As a rule, we only disclose your personal data if and to the extent to which this is necessary to implement and handle the CCC. In particular, Citizen will transfer your data to this extent to the Citizen distributor assigned to your points account.

 

Except for the cases necessary for handling the CCC, Citizen will not disclose your personal data to any third party without your express consent. Exempted from this are in particular lawful requests for information by the police, the department of public prosecution, government agencies and other authorised public bodies and the general necessity to disclose data to comply with statutory regulations or any court orders. Moreover, Citizen reserves the right to use your personal data to the extent permitted by law also to protect and/or enforce its rights or the rights of enterprises affiliated with Citizen under company law. Citizen points out that in the case of any change of legal structure of the company your personal data may be disclosed to persons or bodies directly involved in the restructuring. In such a case, Citizen will strive to guarantee the protection of your personal data to a reasonable extent.

 

9. Cookies and Google Analytics

Citizen uses the cookie technology also in the CCC portal to track the activities on the web site and to make Citizen’s sites safer, more efficient and more userfriendly, e.g. by saving the preferences you have chosen. Cookies are small text files which are either stored temporarily on your hard disk or stored only during an internet session (so-called session cookies) and automatically deleted when your browser is closed.

 

Usually, your internet browser will automatically accept the cookies and store them on your computer's hard disk. However, you may also make settings in your browser to the effect that you will be informed when a cookie is used. This makes the use of cookies on web sites transparent for you. You may also completely deactivate the receipt of cookies via your browser. If your internet browser does not accept cookies, this may impair the usability of this web site. However, even if you do not admit cookies, you may obtain access to certain areas of our website by entering your e-mail address. Moreover, the CCC portal uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics likewise uses cookies which are stored on your computer's hard disk and enable an analysis of your use of the web site. The information about your use of this web site generated by the cookies is usually transmitted to a Google server in the U.S. and stored there. However, because IP anonymisation is activated on this web site, Google will prior to transmission shorten your IP address within the Member States of the European Union or in other contracting state of the Treaty on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the U.S. and shortened there. On behalf of the operator of this web site, Google will use this information to evaluate your use of the web site, compile reports on the web site activities and provide other services in connection with web site use and internet use to the web site operator. The IP address transmitted by your browser in the context of Google Analytics will not be combined with other Google data. You can prevent the cookies from being stored by making an appropriate setting in your browser software. However, we point out that if you do this you may not be able to use all the functions of the web site to the full extent. In addition, you may prevent acquisition by Google of the data generated by the cookie that relate to your use of the web site (including your IP address) and the processing of the data by Google by downloading and installing the browser plugin provided at the following link: http://tools.google.com/dlpage/gaoptout? hl=de.

 

When you use the CCC portal, you agree to the processing by Google of the data gathered about you in the manner described above and for the purpose specified above.

 

10. Revocation of consents

Citizen points out that you can at any time revoke your consent to storage and use of the data with immediate effect by sending an informal e-mail to the administrator of the CCC portal (cccadmin@citizen-europe.com) or by sending an informal letter to Citizen Europe GmbH, Otto-Hirsch-Brücken 17, 70329 Stuttgart.

 

11. Information about your data / deletion and right of objection

 

Your trust is a matter of great importance to Citizen. We are available at any time if you have any questions relating to the processing of your personal data. You can view and manage your data at any time in the "Your account" section. Upon request, Citizen will give you written information free of charge, in accordance with applicable law (cf. Section 34 BDSG (Federal Data Protection Act), about the data stored about you, their origin and categories of recipients to which the data may be disclosed if applicable and the purpose of processing. Moreover, we are obliged to correct, block or delete the data stored about you upon request, unless other statutory regulations prohibit this (e.g. statutory duty to preserve records).

 

If you cancel your membership with the CCC and hence your points account in accordance with Section 6.1 of the Allgemeine Teilnahmebedingungen des CCC (General Eligibility Requirements for CCC Membership), your personal data will be deleted without delay in compliance with the relevant statutory periods.

 

Please send all inquires in this respect and also other questions about the subject of data privacy to the administrator of the CCC portal (cccadmin@citizen-europe.com).