1. PRIVACY NOTICE AND STATEMENT
2. EUROPEAN UNION GDPR COMPLIANCE (DATA PROCESSING NOTICE)
We are committed to ensuring your privacy is protected. This Data Protection Notice (“DPN”) sets out details of the personal information that we may collect from you and how we may use that information. Please take your time to read this DPN carefully We as an entity set out in more detail in this DPN, personal data is shared between companies within the WatchNerd in order to provide you with relevant information. You can find permanently updated information about the WatchNerd on the following website: www.WatchNerd.com By providing your personal information to us, you acknowledge that we may use it in the ways set out in this DPN. We may provide you with further notices highlighting certain uses we wish to make of your personal information. We may also give you the ability to opt-in or opt-out of selected uses, such as marketing, when we collect your personal information. In addition to this DPN, some of our products and contents may have their own notices, which describe in more detail how your personal information is used in a particular context). From time to time we may need to make changes to this DPN, for example, as a result of government regulation, new technologies, or other developments in data protection laws or privacy generally. If we change this DPN, we will notify you of the changes. Where changes to the DPN will have a fundamental impact on the nature of our processing of your personal information, or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights in relation to your personal information. By providing your personal information to us, you acknowledge that we may use it in the ways set out in this DPN. We may provide you with further notices highlighting certain uses we wish to make of your personal information. We may also give you the ability to opt-in or opt-out of selected uses, such as marketing, when we collect your personal information. From time to time we may need to make changes to this DPN, for example, as a result of government regulation, new technologies, or other developments in data protection laws or privacy generally. If we change this DPN, we will notify you of the changes. Where changes to the DPN will have a fundamental impact on the nature of our processing of your personal information, or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights in relation to your personal information.
This is a notice to inform you of the WatchNerd policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. I. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately. II. WatchNerd takes seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. III. WatchNerd undertakes to preserve the confidentiality of all information you provide to us, and hope that you reciprocate. IV. Our policy complies with the United Kingdom law accordingly implemented, including that required by the European Union General Data Protection Regulation (GDPR). V. The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. VI. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
4. INFORMATION FROM USERS
5. WHAT INFORMATION DO WE COLLECT FROM USERS AND WHY?
We collect Device Information using the following technologies: • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site. Additionally when you register through the Site, we collect certain information from you, including your name, email address, and phone number. We refer to this information as “Order Information”. I. We collect your name, email address, phone number, and address. II. We need this information to provide you with our Contents; for example, to create your account, confirm your identity, contact you, and communicate with you. III. We collect data about the WatchNerd -hosted webpages that you visit. We also collect data about how and when you access your account, including information about the device and browser you use, your network connection and your IP address. IV. We need this information to troubleshoot, give you access to and improve our Contents. V. We will also use Personal Information in other cases where you have given us your express permission.
6. HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Information that we collect generally to
- Communicate with you;
- Screen our contents for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or contents.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
7. DATA PROTECTION POLICY
This Policy intends to provide the visitors of www.watchnerd.com (hereinafter: Website) with clear and detailed information on the manner their personal data are processed and, in particular, on the types of processed data, the legal basis of data processing and their rights and legal remedies related to data processing.
8. BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You can opt out of targeted advertising by using the links below: - Facebook: https://www.facebook.com/settings/?tab=ads - Google: https://www.google.com/settings/ads/anonymous - Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads Additionally, you can opt out of some of these contents by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
9. IP ADDRESSES DATA WE COLLECT UNDER EU GDPR REGULATION
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.
10. WE DO NOT SELL, RENT OR LEASE ANY DATA TO THIRD PARTIES
WatchNerd may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. WatchNerd may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide user support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these contents to WatchNerd, and they are required to maintain the confidentiality of your information.
11. WHEN WE DISCLOSE YOUR INFORMATION UNDER THE EU GDPR REGULATION
WatchNerd will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: a) Conform to the edicts of the law or comply with legal process served on WatchNerd or the site; b) Protect and defend the rights or property of WatchNerd; and, c) Act under exigent circumstances to protect the personal safety of users of WatchNerd, or the public.
12. CAN-SPAM ACT UNDER GDPR REGULATION
In compliance with the GDPR CAN-SPAM Act, all e-mail sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
13. LEGAL GROUNDS FOR OUR PROCESSING OF PERSONAL DATA
In order for our processing of personal data to be legal, we must have a legal ground. A legal ground in this case means that we must be able to present a justification prescribed by law to why we process personal data for a particular purpose. Examples of legal grounds used by us are consent, legitimate interest, agreement, and legal obligation.
14. DATA PROCESSING BASED ON USER CONSENT:
Data processing based on User consent qualifies as data processing under the EU GDPR Regulation. I.e. where personal data is recorded under the consumer’s consent, the Controller will, unless otherwise provided for by law, be able to process the data recorded where this is necessary: a) For compliance with a legal obligation pertaining to the Controller, or b) For the purposes of legitimate interests pursued by the Controller or by a third party, if enforcing these interests is considered proportionate to the limitation of the right for the protection of personal data, without the consumer’s further consent, or after the consumer’s consent has been withdrawn
We may partner with selected third parties to allow tracking technology on the WatchNerd Website, which will enable them to collect data about how you interact with the WatchNerd Website and our contents over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.
16. MOBILE DEVICE TERMS
- Mobile Device. If you use a mobile device to access the Website or download any of our mobile applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
- Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while downloading or using our mobile application or our contents, except that it may be possible for WatchNerd to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.
- Push Notifications. We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
- Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application, the events that occur within the application, aggregated usage, and performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally-Identifying Information you submit within the mobile application.
17. SOCIAL MEDIA
We may provide you the option to connect your account on the WatchNerd Website to your account on some social networking sites for the purpose of logging in, uploading information or enabling certain features on the Website. When logging in using your social network credentials, we may collect the Personally-Identifying Information you have made publicly available on the social networking site, such as your name, profile picture, cover photo, username, gender, friends network, age range, locale, friend list and any other information you have made public. Once connected, other users may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your account on the WatchNerd Website to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
18. COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. WatchNerd may collect a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by WatchNerd about users is information provided by users themselves when 1) Registering for our service, 2) Logging in with social network credentials, 3) participating in polls, contests, surveys or other features of our service, or responding to offers or advertisements, 4) Communicating with us, 5) Signing up to receive newsletters. That information may include each user’s name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by WatchNerd from time to time. Users of the Website are under no obligation to provide WatchNerd with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Website features. By Registering With Or Using The WatchNerd Website, You Consent To The Use And Disclosure Of Your Personally-Identifying Information As Described In This “Collection, Use And Disclosure Of Personally-Identifying Information” Section.
19. WATCHNERD COMMUNICATIONS
We may occasionally use your name and email address to send you notifications regarding new contents offered by the WatchNerd Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though we reserve the right to send you notices about your account, such as service announcements and administrative messages, even if you opt out of all voluntary email notifications.
20. LEGAL BASIS FOR DATA PROCESSING UNDER THE GDPR REGULATION
If you reside within the European Economic Area (EEA), our processing of your personal information will be legitimized as follows: I. Whenever we require your consent for the processing of your personal information such processing will be justified pursuant to Article 6(1) lit. (a) Of the General Data Protection Regulation (EU) 2016/679 (“GDPR”). This article in the GDPR describes when processing can be done lawfully. II. If the processing of your personal data is necessary for the performance of a contract between you and WatchNerd or for taking any pre-contractual steps upon your request, such processing will be based on GDPR Article 6(1) lit. (b).”). If this data is not processed, WatchNerd will not be able to execute the contract with you. III. Where the processing is necessary for us to comply with a legal obligation, we will process your information on basis of GDPR Article 6(1) lit. (c), for example complying in the fields of employment law. IV. And where the processing is necessary for the purposes of WatchNerd’s’ legitimate interests, such processing will be made in accordance with GDPR Article 6(1) lit. (f), for example to detect fraud. YOUR RIGHTS AS A DATA SUBJECT By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. If we have asked for your consent to process your personal data, you may withdraw that consent at any time. If we are processing your personal data for reasons of consent or to fulfil a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider. If we are processing your personal data for reasons of consent or legitimate interest, you can request that your data be erased. You have the right to ask us to stop using your information for a period of time if you believe we are not doing so lawfully. Finally, in some circumstances you can ask us not to reach decisions affecting you using automated processing or profiling. To submit a request regarding your personal data by email, post or telephone, please use the contact information provided above on this policy.
21. WATCHNERD DISCLOSURES
WatchNerd will disclose Personally-Identifying Information under the following circumstances:
- Third-Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain contents on our behalf. These contents may include marketing assistance, performing business and sales analysis, supporting WatchNerd Website’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
22. DATA SECURITY
We take the security of your Personally-Identifying Information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures. We are dedicated to protect all information on the Website as is necessary. However, you are responsible for maintaining the confidentiality of your Personally-Identifying Information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.
23. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are detailed below: The European Union’s General Data Protection Regulation and other countries’ privacy laws provide certain rights for data subjects. If you wish to confirm that WatchNerd is processing your personal data, or to have access to the personal data WatchNerd may have about you, or have other questions, please contact us via [email protected]
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
- If you wish to exercise any of the rights set out above, please contact us directly (please see the 'CONTACT' section).
- No fee usually required. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
- 10. What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
- 11. Time limit to respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you update
The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a user under 13 years of age on or through the WatchNerd Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact WatchNerd using our contact information below to have that child's account terminated and information deleted.
26. DO-NOT-TRACK POLICY
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of how to interpret the DNT signal, the Website currently does not respond to DNT browser signals or mechanisms.