1.5 In this regard, the term "User" (hereinafter also referred to as "user," "you," "yours") shall refer to the person who accesses, navigates, uses, or participates in the services and activities, free or subscription-based, developed on the Website.
2 INDUSTRIAL AND/OR INTELLECTUAL PROPERTY RIGHTS
2.1 The Industrial and/or Intellectual Property rights over the set of contents (hereinafter "contents") published or used on the website are owned by OX-Oceanix Watches / Josep Bolart, unless otherwise expressly stated. All trademarks, logos, or other distinctive signs appearing on the website are property of OX-Oceanix Watches / Josep Bolart, unless otherwise indicated in the copyright notice at the footer, such as graphic or written mentions of specific or complementary information and/or reference.
2.2 The website, along with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, corporate designations and products, as well as all digital content on the website and all other files, and their selection and arrangement ("the Website Content"), are subject to legal protection, in particular copyright, trademarks, and design rights of OX and FROG300, its affiliates, its users, or its licensors, with all rights reserved. No content from the website may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, published, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own user-generated content that you legally post on the website.
2.3 The contents of the website may be used, downloaded, and/or printed for private, social, and non-commercial purposes, only to the extent that the use is in accordance with the terms cited here: "documents, texts, or graphics that are part of the website shall not be subject to modification, either partially or in whole. Graphics shall not be used without the accompanying texts. Mentions of any kind related to copyright and other rights shall be maintained when using the associated contents."
2.3. It is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process, or distribute in any way the entirety or part of the contents included on this Website, including texts, images, audio, and video, for public or commercial purposes without the express prior written authorization from OX-Oceanix.
2.6 No trademark owned by OX-Oceanix or any word similar to such trademarks may be used as a domain name, except for authorized official brand representatives or importers.
2.7 OX-Oceanix expressly prohibits the insertion or mention of any advertising, directly or indirectly, on this website without prior written authorization from OX-Oceanix.
3.1 OX-Oceanix takes the utmost care in presenting and describing the products. However, OX-Oceanix cannot be held responsible for photography and/or typographical errors, as well as errors due to inaccuracies in technical data. OX-Oceanix reserves the right to make modifications it deems appropriate at any time and without prior notice, including updating, correcting, or improving information about products and prices. The product photographs are presented for illustrative purposes only. To obtain precise information about each product, it is necessary to verify the corresponding descriptive data.
3.2 Neither OX-Oceanix Watches, its affiliated companies, nor its employees, nor the service providers, shall be held responsible for any damage caused to the user's equipment or third parties' equipment by viruses or any other type of attack originating from a connection, access, use, browsing of the website, or downloading of content, data, texts, images, programs, videos, or audio from our website. OX-Oceanix disclaims any responsibility regarding losses, corruptions, attacks, viruses, interferences, hacking acts, or other security intrusions, as well as the costs that may be required for equipment repairs. However, OX-Oceanix declares that it has taken all necessary measures, within its capabilities and the state of technology, to ensure the proper functioning of the Website and to prevent the existence and transmission of viruses and other harmful components to Users.
3.3 The Website may provide the User with various spaces and participation tools such as forums, social interaction areas, or chats. Although OX-Oceanix may monitor and manage the content of such spaces, it expressly declines any responsibility for the content hosted by users, without prejudice to taking appropriate measures to detect and address claims regarding possible illicit activities by users, as indicated in section 4.
3.4 OX-Oceanix will provide the service with the utmost care, professionalism, and diligence. However, the user accepts that there may be connection failures, delays in response times for inquiries or data transfers, malfunctioning software or plug-ins, as well as interruptions or errors due to technical reasons. The user also accepts that OX-Oceanix may occasionally interrupt or cancel the service at any time for technical or operational reasons.
4 TERMS OF BROWSING, VISIT, AND USE OF THE WEBSITE
4.2 The User is prohibited from publishing or transmitting any material whose content may be considered illegal, threatening, defamatory, obscene, scandalous, controversial, pornographic, or indecent, as well as any material that may constitute or encourage behavior that can be considered criminal, give rise to civil liability, or in any way infringe the law.
4.3 OX Oceanix reserves the right to remove such materials or information and to fully cooperate with the authorities responsible for the enforcement of laws or comply with any court order requesting or ordering OX Oceanix to remove such materials or information and/or disclose the identity of anyone who violates the provisions set forth in section 4.1 or 4.2.
4.4 OX-Oceanix expressly disclaims any responsibility arising from the content hosted by users, without prejudice to taking appropriate measures to detect and address claims regarding possible illicit activities by users, expressly reserving the right to temporarily or permanently interrupt the service to any user whose content may be considered illegal, prohibited, or simply inappropriate, at any time and without prior notice.
5 LINKS FROM AND TO OTHER WEBSITES
5.1 There may be hyperlinks from our website to third-party websites. Such third-party sites are not under the control of OX-Oceanix, and the user agrees that OX-Oceanix is not responsible for the accuracy, respect for intellectual and/or industrial property rights, legality, or content of these websites. OX Oceanix will not be responsible for continuously monitoring the content of such third-party websites. OX-Oceanix will immediately remove such links if it discovers or is informed of any rights violation. OX-Oceanix cannot guarantee user satisfaction regarding the products and/or services provided by such third parties through any of the linked websites, so the user should inform themselves in the manner they deem appropriate before engaging in any transactions through any third-party websites.
5.2 The creation of hyperlinks to our website is only permitted for private and non-commercial purposes. In this context, hyperlinks of the "deep linking," "framing," "in line linking," and all types of integration of all or part of the Swatch website with third-party websites are prohibited. OX-Oceanix declines all responsibility and will take appropriate action in case of violation of this condition, as well as with respect to any third-party sites that link to our website.
5.3 In any case, any link to our website must be removed upon OX-Oceanix's first request.
6 SERVICE ACCESSIBILITY
6.1 OX-Oceanix will provide the service with the utmost care, professionalism, and diligence, and aims to keep the website available for browsing at all times; however, the user accepts that the website may not be accessible or available for use at any time.
6.2 Access to the website may be temporarily interrupted without prior notice due to system failures, maintenance, repairs, updates, or any other technical or operational reasons, without any liability arising for OX-Oceanix and/or the affiliated companies.
7 USER-GENERATED CONTENT
7.1 In the event that the user submits any type of content to the website, they declare, warrant, and agree that they have the right to do so freely, that such information does not infringe any intellectual property, trademark, patent, trade secret, any other industrial and/or intellectual property rights, or any other third-party rights, that such information is not confidential, and that such information is not harmful to third parties.
7.2 The user acknowledges responsibility and indemnifies OX-Oceanix for any damages arising from any communication they personally provide or on their behalf, and this responsibility includes the accuracy, legality, originality, and ownership of such communication without any restrictions.
7.3 OX-Oceanix reserves the right to decide whether to disclose or publish the content submitted by the user.
7.4 In the case of submitting content, the user declares, warrants, and agrees:
- That they are of legal age.
- That they have the right to submit the images, text, information, and data, and that they do not infringe any intellectual property, industrial, or any other third-party rights.
- That the aforementioned images, text, information, and data have been obtained with the consent of the individuals depicted, and in the case of minors, written consent has been obtained from their legal representatives, which can be provided at any time upon request.
7.5 OX-Oceanix reserves the right to publicly communicate the content it deems appropriate and is authorized to reproduce and communicate such content through all OX media channels.
7.6 The user acknowledges responsibility and indemnifies OX-Oceanix and its affiliated companies regarding the submitted content.
7.7 The user grants OX-Oceanix, free of charge and without exclusivity, the rights of reproduction, distribution, transformation, and public communication, in all possible forms, with respect to the submitted content (photographs, images with or without motion, texts, information, data, sound recordings, or any other works or performances). This transfer is made worldwide, for the maximum duration currently provided for in the Intellectual Property Law.
8 PROTECTION OF PERSONAL DATA
8.1 In accordance with data protection regulations, OX-Oceanix guarantees full compliance of the website and all services provided through it with Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, as well as any other regulations governing the matter.
9 APPLICABLE LAW AND JURISDICTION
9.1 All General and Specific Terms and Conditions included on the website are governed by United States law and will be interpreted in accordance with United States of America law. Any conflicts, disputes, or situations arising from the Terms and Conditions of this website, or their interpretation or execution, will be subject to the competent Courts and Tribunals of Justice in accordance with applicable legislation, or by the American Arbitration Association under its rules, including the American Arbitration Association Supplementary Procedures for Consumer-Related Disputes, be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of Delaware, without reference to conflict of laws provisions..
ABOUT THIS PRIVACY NOTICE
This is the privacy notice ("Notice") of OX-Oceanix Watches LLC, hereinafter referred to as "OX", "Oceanix", "we", "our", "FROG300", "ID+". OX-Oceanix is the data controller for the purposes of this Notice.
The currently effective Notice is dated 15.6.2023.
WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU?
We collect personal data that you provide to us, for example, when you fill out a contact or purchase form, register an account to save your favorites, use interactive features, contract a service or product, enroll in the 'ID+™ Emergency Data System', participate in a promotional campaign, request a product or service, ask for information or materials, or take surveys. This personal data may include:
Contact information (e.g., name, postal address, email address, mobile phone number, or other phone number).
Information about purchases and transactions.
Payment information (such as your payment card number, expiration date, authorization number, or security code, shipping address, and billing address).
Customer service information (such as inquiries to customer service, comments, and repair history).
Username and password.
Information related to your personal or professional interests, date of birth, marital status, demographic data, experience with our products, and contact preferences.
Photographs, comments, and other content provided by you.
Contact information that you provide to us about friends or other individuals with whom you want us to communicate.
Information that we may obtain from our external service providers.
Information about your encrypted health personal data and encrypted personal photograph that you wish to include and have included in your 'ID+™ Emergency Data System', both in the database and on the disk, ever according federal and state laws HIPAA (Health Insurance Portability and Accountability Act), because this law governs the privacy and security of health information in USA.
We collect metadata, such as details of your visits to the Website, traffic data, location data, IP address, browser information, session data, preferences, settings, logs, and other communication data, which we monitor during your interaction with the Website.
WHAT DO WE BASE THE PROCESSING OF YOUR PERSONAL DATA ON?
We process your personal data for the purposes stated or that are evident at the time of collection, and to which you have provided your consent, for example, by checking a box. We also process your data when required by applicable laws, such as compliance with data retention requirements regarding data relevant to financial reporting. Additionally, we may process your data when necessary for the performance of a contract, for example, if you place an order. We may also process your data based on other legitimate interests, including:
Collecting market research information.
Promoting products and services and communicating with you.
Customizing our offers to align with your interests.
Delivering and improving our products or services.
Managing customer, supplier, and other relationships.
Sharing business information with internal partners.
Implementing security procedures to protect our organization, systems, networks, infrastructure, computer equipment, information, intellectual property, and other rights against unwanted security intrusions, unauthorized access, disclosure, and acquisition of information, system and data breaches, hacking, industrial espionage, and cyber-attacks.
Protecting and developing industry standards.
Sharing information about individuals or concerns that may have a negative or detrimental impact.
Following industry best practices.
Complying with industry standards, regulatory requirements, and other obligations related to fraud prevention and money laundering.
These bases for processing your personal data ensure that we adhere to legal requirements and maintain the necessary standards of security, integrity, and confidentiality.
FOR WHAT PURPOSES DO WE PROCESS YOUR PERSONAL DATA?
We process your personal data for the following purposes:
If you fill out a contact form with your name, email address, phone number, preferences, etc., we will use your data to respond to your inquiries, send you information, or perform other tasks you request.
If you register an account with us, we process the necessary data to open that account, such as your name, address, email address, password, profile picture, third-party account information (if you register with your Facebook account, for example), etc., to enable account registration and management.
If you use our interactive features, we process the necessary data for these functions so that you can manage their use, such as your name and email address to appear in a leaderboard and receive updates about the online game in which you have participated.
If you are already a customer, we may send you advertising about our products and services using, for example, your name and postal address.
If you subscribe to a service like our newsletter and provide your email address and name, we use this information to send you our newsletter.
If you participate in a commercial promotion, we use the data we request from you to enable your participation, for example, to manage your event invitation or determine the winner of a contest and contact them.
If you request a product, material, or service, we need and process the required data to fulfill your order, such as your name, phone number, delivery address, credit card information, email address, etc., for example, to confirm your order, process your payment, verify credit eligibility, deliver the ordered items, and contact you for delivery purposes.
If you respond to one of our surveys and provide personal data such as your name, age, occupation, etc., we use this information to analyze survey results and draw conclusions from them.
If you agree to receive commercial information when prompted, we use your data to send you promotional content and other communications, communicate with you and manage your participation in special events, contests, giveaways, programs, offers, surveys, and market research, provide advertising about our products and services, personalize your use of the website, shopping experience, and communications according to your preferences and our terms.
If you interact with us on third-party social media platforms, we process your data for such interaction on those networks (our interactions with you on a third-party social media platform are subject to the privacy policies and terms and conditions of use of that platform).
If you choose—always of your own free will—to be part of the ID+™SYS emergency data system, we utilize the specific data you provide to us to record it on the ID+™SYS disk, which can be stored in your FROG300 watch, of which you will be the owner. Please remember that this data will always be handled in accordance with federal and state laws, such as HIPAA (Health Insurance Portability and Accountability Act), as this law governs the privacy and security of health information in the USA.
We also process your personal data to comply with applicable legal requirements, our Terms and Conditions of Use, relevant industry standards, contractual obligations, and our policies.
We may process your personal data in a centralized system that allows us to enhance your brand experience by tailoring our communication and marketing efforts to be as relevant and useful to you as possible (profiling). To do this, we may process, combine, and enhance your personal data with data received from your interactions with us or third parties. For example, if you provide us with your age, income, hobbies, or travel activities, we may compare this data with your purchasing behavior and other information we have obtained from you to offer you offers, invitations, or promotions that we believe specifically align with your interests.
We process the metadata we collect about you to improve our website, analyze website traffic patterns and usage, conduct targeted marketing campaigns, generate and analyze statistics and demographic data, or optimize our online presence and marketing efforts.
REVELATION AND TRANSFER OF YOUR PERSONAL DATA
We may disclose your personal data to the following recipients or categories of recipients who can use the data on their own behalf and under their own control (data controllers):
Our company OX-Oceanix Watches.
Our affiliates (importers, authorized distributors) belonging to OX-Oceanix in countries where our brand is represented, as indicated when we collect your personal data.
We may disclose your personal data to the following recipients or categories of recipients who act on our behalf or as partners (data processors), limited to the purpose of fulfilling their obligations, and who are contractually obligated to provide an adequate level of data protection when processing your personal data (for example, to complete orders, deliver packages, process credit card payments, provide customer service, send postal and email correspondence, store and process data, host websites, remove duplicate data from customer lists, analyze data, provide marketing assistance, conduct customer satisfaction surveys, provide personalized advertising):
OX OCEANIX company.
Our external service providers (Stripe, Paypal, Installment payments Provider etc.).
We may disclose your personal data to an acquirer if OX-Oceanix or substantially all of its assets are acquired by a third party, in which case the personal data held about its customers will be one of the transferred assets.
We may disclose your personal data if we have a legal obligation to disclose or share your personal data to comply with any legal obligation or to enforce or apply our Terms and Conditions of Use and other agreements, or to protect the rights, property, or safety of OX-Oceanix Watches or any member of OX, our customers, or others. This includes exchanging data with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may transfer your personal data abroad, including to countries that do not guarantee an adequate level of data protection according to relevant regulatory bodies, for example, to countries that, according to the United States Federal states, or European Commission or the Swiss Federal Data Protection and Information Commissioner, do not offer such protection. In such cases, we ensure the adequate protection of your personal data by ensuring that recipients comply with binding contractual obligations in accordance with applicable standards approved by relevant regulatory bodies, or by resorting to other safeguards, such as self-certifications, approved by relevant regulatory bodies. You can contact us to obtain a copy of the current contractual and other guarantees in force (see section 9 below).
Please note that in the case of your contact, health, medical data, and personal photograph that you have agreed to provide to us to complete the ID+™SYS system of your watch, they will be exclusively safeguarded on a secure server with encryption and SSL security protocols at our OX-Oceanix Watches headquarters, in accordance with federal and state laws, such as HIPAA, and will never not be shared with any third parties in any way.
This website may contain links to and from the websites of our affiliated networks, advertisers, and subsidiaries. If you follow a link to any of these websites, please note that they have their own privacy policies, and we do not accept any responsibility or liability for these policies. Please review these policies before submitting personal data to these websites.
DURATION OF PERSONAL DATA PROCESSING
We process your personal data:
Until you revoke your consent for future processing, for example, until you unsubscribe from our newsletter or delete your account with us.
Until we are confident that you are satisfied after contacting us, for example, when requesting a catalog, asking a question, requesting information, making an appointment, or making a reservation, etc. However, this period will not exceed twelve (12) months after the last contact, unless we have another justification, have informed you otherwise, or you have given your consent for a longer retention period.
In relation to a purchase you make or a customer service transaction, for the duration of the transaction plus at least the warranty period, to which we may add an additional period in your favor, unless we have another justification, have informed you otherwise, or you have given us your consent for a longer retention period.
For as long as you remain our business partner plus ten years, unless we have another justification, have informed you otherwise, or you have given us your consent for a longer retention period.
For as long as required by law, for example, legal retention obligations based on accounting or tax laws and Federal state regulations.
WHEN DO WE REQUEST YOUR PERSONAL DATA?
If you wish to enter into a contract with us, for example, if you request items or services, we need to obtain certain personal data about you in order to conclude this contract, such as your name, delivery address, place of residence, payment information, or contact information. If you decide not to provide us with the required information, we may not be able to enter into this contract with you.
WHAT ARE YOUR RIGHTS?
You have the right to:
Request access, rectification, or erasure of your personal data.
Request the restriction of processing of your personal data, in particular, to object to the processing of your personal data for direct marketing purposes.
Request that we provide you or any other person or entity you designate with a digital file containing your personal data (right to data portability).
You can revoke your consent to the processing of your personal data for the specified purposes at any time. You also have the right to lodge a complaint with the competent authority. Please refer here for more information about this topic https://globalprivacycontrol.org/.
CALIFORNIA PRIVACY RIGHTS
This section applies solely to the personal information collected online and offline of California consumers. This section is intended to address the relevant notice requirements of the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), and uses certain terms that have the meaning given to them in the CCPA.
Your information, sources and purposes: Please refer to the sections above headed “Information you provide to us and how we use it” and “Cookies and other information that we automatically collect” for a description of the personal information we may collect about you (or have collected in the preceding 12 months) and the sources of such information (such as directly from you and your device or through certain third parties). These sections also describe the purposes for which we may use or have used such information. We do not collect or process sensitive personal information for purposes of inferring characteristics about consumers. To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.
Disclosing your information: We may have disclosed your personal information to certain categories of third parties, as described in the section headed “Sharing your information” above.
Selling your information/sharing your information for cross-context behavioral advertising: We do not sell or share your personal information in exchange for monetary compensation. As described in the sections headed “Cookies and other information that we automatically collect” and “About Advertising”, we may allow certain third parties (such as certain advertising partners) to collect your personal information via automated technologies on our Platforms in an effort to serve you content and advertisements that may be of interest to you. We also may share your personal information, such as your email address, with third parties to help support our marketing activities. This kind of sharing may be considered a sale or sharing for cross-context behavioral advertising under the CCPA. You have the right to opt out of this disclosure of your information, as described below
Your rights: Subject to exceptions under applicable law, you may have certain choices regarding our use and disclosure of your personal information, as described below:
Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.
Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate.
Deletion: You have the right to request that we delete certain personal information we have collected from you.
Opt-Out of Sale or Sharing: You have the right to opt out of the sale of your personal information or sharing of your personal information for cross-context behavioral advertising. You can opt-out of cookie-based selling/sharing by clicking here or broadcasting the Global Privacy Control signal. For more information about how to use the Global Privacy Control signal, please see https://globalprivacycontrol.org/. In addition, you can opt out of other types of selling/sharing as further described in the CCPA Opt-out Page. Your opt-out will be specific to the browser and device you are using and will apply to the website domain on which you submit the request. If you clear your cookies or use a new browser or device to access the site, please submit a new request to re-apply your opt-out choice. Note that even if you opt out of sale or sharing, you may still be served advertisements and receive marketing emails from us and our service providers.
To exercise your rights on behalf of yourself or another individual, please contact us as described in the section headed Customer Service below. If you exercise your rights, we may require you to provide certain information to verify your identity (such as your name, email address, phone number and/or address) or the authority of any third person acting on your behalf.
No discrimination: If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. This section is available in alternative formats upon request by contacting us as described in the section headed Customer Service below.
Personal, family and household clients: In addition, under California Civil Code Section 1798.83, if you are a California resident and your business relationship with us is primarily for personal, family or household purposes, you may request certain data regarding our disclosure, if any, of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an e-mail message to our e-mail address below with “Request for California Privacy Information” in the subject line. You may make such a request up to once per calendar year. If applicable, we will provide you, by e-mail, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by Section 1798.83’s requirements.
To exercise these rights, you can contact us using the following means: