General Terms and Conditions of Use

Certina 360°, www.certina360.com, is the CERTINA S.A. company’s online training site for its employees, representatives and official traders

CERTINA S.A., a company limited by shares based in CH-2503 Biel, Switzerland, hereinafter “the Company”, organizes an interactive training programme available on the www.certina360.com website (hereinafter “the website”). The programme consists of a series of questions to be answered in order to receive a certificate of achievement.

The Site is for the Company's employees and official retailers and distributors as well as the employees of The Swatch Group SA who have been invited to take part in the training programme by the Company, by means of a login and password (hereinafter the "Users").

In order to take part, users must give their first name and surname, sex, valid e-mail address, date of birth and the name and address of their sales point. They must also have a valid activation code, which they receive from the Company and which is specific to their place of work.

The aim of the website is to train company employees and traders.

Access to the Site and its use are subject to the following conditions. Use of the Site implies unreserved acceptance by Users of these conditions of use and their commitment to abide by said conditions. The conditions of use can be consulted on the Site at the time of registration and at any time during the training programme.

The Company informs the users that these Terms and Conditions may be changed at any time and that the Company may take any measures it considers appropriate regarding its use and design. Any changes are published on the website and it is assumed that they are accepted by any user accessing the website following their publication.

Intellectual property

The content of the website and all logos, any commercial name or brand such as CERTINA, all images, photographs, graphic or informative elements and databases which make up the website or are published on it are the exclusive property of the Company, with the exception of content which is clearly stated to be the property of others, in particular sources. The content of the website may not be extracted, reproduced or used without the prior written permission of the Company, otherwise civil or criminal proceedings may be pursued.

Users are authorised to reproduce the Site content only for information purposes and within a strictly private framework, unless otherwise stated.

All users must accept these Terms and Conditions of Use before using the www.certina360.com website.

Links to other websites

The Site can contain links to other websites, for which the Company cannot incur any liability. The Company is not in control of these other sites, and cannot supervise or check their content. All Users are responsible for reading the commitments regarding each blog/website they visit. In particular, the Company does not control the practices of third-party sites as regards to the collection and processing of personal data and respect for privacy. Users are responsible for reading the commitments regarding any blog or site with a link to the Site, and for ensuring they use only sites whose content and rules of use they accept.

The Company declines any liability concerning any link on an external site referring back to the Site. The Site cannot be associated with the site within this link and to its content unless expressly authorised by the Company.

Liability

The Company makes every effort to regularly update its content and the system in place on the Site.

The Company cannot guarantee that the content of the website is up to date, in-depth, exact and complete. The Company does not accept any responsibility for the possible use of content by the user, whereby use is restricted by the terms and conditions under the heading “Gestiges Eigentum” (Intellectual Property).

In this context, Users are fully aware that the content on the Site is given for information purposes only.

Furthermore, the Company reserves the right to make changes to the Site at any time it considers appropriate, and can therefore not guarantee that the entire Site will be accessible at all times, without interruption, at the appropriate time, safely and without error. It is hereby specified that changes can relate to the nature or the extent of the services available. The Company invites Users to check its content with the publication manager at the address given above.

It is hereby specified that the Company cannot be held liable for any inconvenience or harm caused to Users by the actions of third parties who, by unfair technical means, use the information on the Site. The Company cannot be held liable for any damage incurred, taking into particular account the quality of the Internet network and/or technical configurations.

Data protection and privacy charter

This charter is intended to inform Users of what information is likely to be collected and the use to which it may be put. It also informs Users of their rights over personal data about them.

The privacy policy includes respect for the confidentiality of personal data collected on any form requesting personal information.

No personal information will be collected without Users' knowledge.

However, use and functioning of the website require user data to be saved for the reasons stated above, otherwise the user cannot enjoy the benefits offered by the Company.

Any personal information collected is given freely by the user when taking part in the various challenges on the website. This information is processed under the following conditions when confirmed in the input mask.

Mask 1: the user must give their surname, first name, sex, a valid e-mail address, date of birth and the name and address of their sales point.

Users' data collected and stored will be used by the Company to:

- Any e-mails sent to the user relating to the Company or the CERTINA brand, their services or other Swatch Group SA subsidiary to the user, until the user asks to be removed from the mailing list either via their profile or by written request to the following address.

- Enable the Company to fulfil its legal obligations regarding online communication, especially to the legal authorities, during the period prescribed by law.

Data can be sent to other affiliated companies and subsidiaries of The Swatch Group SA if the latter come into their field of activity, and to the company publishing the Site, in accordance with the conditions of use given above.

Furthermore, the service provider e-teach S.à.r.l. (Chemin de l’Esparcette 4, CH-1023 Crissier) may also be given access to data for the sole purpose of administering the website correctly, operating the www.certina360.com platform and in particular of making this visible and accessible to the users.

Under the applicable law, in particular the latest version of the Swiss Federal Act of 19 June 1992 on Data Protection (DPA) , any user who enters personal data in any of the above-mentioned masks has the right at any time to access the data and ask for it to be modified, corrected or cancelled. These rights may be asserted by sending a written request to the Company.

Use of cookies

Like many other Internet sites, the Site can use "cookies" to collect and record information about Site use. Cookies are designed to help to recognise Users as previous Site users in order to offer them the service that is most suited and customised to their profile, and thereby to increase their pleasure in visiting the Site again.

The cookies used cannot extract personal information from Users' hard disks which would allow them to be identified except in the form of cookies, or transmit computer viruses. Cookies make it possible, for example, to customise home pages by saving preferences that Users may give during a previous visit to the Site. They can make their passwords secure, identify the sections of the Site visited or even monitor how their preferences change. Cookies can potentially collect a domain name and follow Users' paths through the web pages.

The Site uses cookies only to gather the information given in this Charter. In no case will it gather personal or named information enabling Users to be identified without their consent.

In order to measure Users' interests in the various Site sections, the Company reserves the right to analyse Site users' behaviour. All information collected on this occasion will be used with the sole purpose of improving the content, increasing Users' pleasure in browsing the Site, and customising the content and/or presentation of the pages.

Users have the possibility of intervening with regard to cookies. By changing their browser configuration, they can: accept all cookies, be warned when a cookie is activated, or reject all cookies. However, it is then likely that Users will encounter difficulties browsing the Site in the best conditions.

Errors and fraud protection policy

The Company ensures that the training course is run correctly and reserves the right to determine if the results obtained do not reflect the true performance of the participant, whether by exploiting conceptual errors, random properties and/or functional "bugs" or unexpected material, or by malicious/fraudulent means.

We make every effort to recognize and prevent the use of software designed to hinder by means of artificial intelligence (AI) the correct running of the training course on the website, in particular fraudulent software or other processes believed to give the user an unfair advantage. The user undertakes not to use AI software or any such programmes.

The user must, moreover, advise the Company promptly of any errors found in their account or in any calculation of the results obtained in the training programme. If any such error or system failure or fault in the programme occurs (abnormal function of the programme logic of any kind) and leads to an error in calculating the score or the rankings, we will strive to restore all persons affected by this error to the status they had before the error occurred. We reserve the right to declare null and void those parts in which the error occurred. Should an error have been exploited to obtain an unfair advantage, we reserve the right to consider whether this act should result in suspension or cancellation of access to use the website and/or appropriate legal action. In such case the Company may adjust the results obtained without the need to justify this or inform the users.

Applicable law and Court with jurisdiction

These Terms and Conditions are governed by Swiss law and any dispute concerning the application and interpretation thereof, if no amicable settlement can be reached, shall be referred to the court of jurisdiction for the Certina SA headquarters in Biel, canton of Bern, Switzerland.

CONTACT :

Any Users of this Site can contact the Company:

Published by: CERTINA SA

E-mail address: certina360@certina.ch

The Site is developed and maintained by e-teach, a limited liability company (sàrl), with its registered office at Crissier (VD) Switzerland, entered on the Vaud Canton Trade Register, under number CH-550-0151506-8.

Contact email address: info@e-teach.ch

© CERTINA S.A., 2014