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Privacy Policy Website

This Privacy Policy does not include data processing activities in connection with use of the Nickwatch and associated mobile applications which can be found here .

I. Data Controller and Data Protection Officer 
The data controller is Tracki Inc., with offices at 680 CENTRAL AVE SUITE 108, CEDARHURST, NY 11516, USA. 

Additional information for EU and UK users: 

Our EU local representative is:

 Ametros Ltd, 

Unit 3D, North Point House

North Point Business Park

New Mallow Road

Cork

Ireland

Tel: 0330 223 2246

Email: gdpr@ametrosgroup.com


Our UK local representative is:

Ametros Group Ltd

Lakeside Offices

Thorn Business Park

Hereford

England

HR2 6JT

Tel: 0330 223 2246

Email:

gdpr@ametrosgroup.com


You can reach our GDPR Data Protection Officer via: support@nickwatch.com.

II. Purposes for processing personal data 
Personal data of website users and those who call customer services is processed as follows. The word ‘you’ in this section refers to website users and those who call customer services.

1. When you surf the Website

Purpose: We process  technically necessary data that is automatically transmitted to our server by your browser when you surf our website. 

Personal Data:  Browser type/version, operating system used, referrer URL, pages accessed, length of visit, IP address, date and time of request.

Legal Basis: As far as personal data is affected, we process this on the basis of our legitimate interest in providing you with a functioning, secure website (Art. 6(1)(f) GDPR). 

Duration of Storage: We process the personal data as long as it is necessary to provide you with our services. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations. 

For more information about cookies and similar technologies see our further explanations below. 


2. Personal data that is processed when you purchase a product or service
Purpose: We process personal data about you when you place an order for a product and/or service (e.g. the NickWatch, Power Station and/or subscription) in order to deliver that product and/or service to you. The information we request is mandatory because without it, we cannot process and deliver your order. 

Personal Data: Name, delivery address, billing address, order information and order number as well as 

Legal basis: We process this personal data to perform our contract with you (Art. 6 (1) (b) GDPR). 

Duration of Storage: We process the personal data as long as it is necessary to provide you with our services in relation to your purchase. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations. 


3. To correspond with you and respond to your query
Purpose: We process personal data about you that you submit via our ‘contact us’ page, that you email to us or that you provide when you contact our customer services. The purpose for our processing of this personal data is to respond to or handle your request, query or complaint. 

Personal Data: Name, email address, telephone number, order number, any other personal data you include in your correspondence.  

Legal basis: We process the personal data because it is in our legitimate business interest to assist you as it protects our reputation (Art. 6 (1) (f) GDPR). If you have made a purchase, we process the personal data to perform our contract with you (Art. 6 (1) (b) GDPR).

Duration of Storage: We process your personal data until you have requested deletion and as long as it is necessary for the fulfilment of mutual obligations in connection with your order. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations.

4. To send you marketing materials
Purpose: We process personal data about you that you provide to us either when you make a purchase or subscribe to our newsletter to send you marketing material relating to our products and services. 

Personal Data: Name, email address, location (country) , areas of interest, history of sending marketing material.  

Legal basis: We process your personal data based on your consent (Art. 6 (1) (a) GDPR), which you provide by [ticking the box to opt-in to receiving such communications and re-confirming via email.] You can withdraw your consent at any time by clicking the unsubscribe link at the bottom of the communication. 

Duration of Storage: We process your personal data until you have requested deletion and as long as it is necessary for the fulfilment of mutual obligations in connection with our service. Beyond that, we only store personal data to the extent that this is legally permissible and necessary, e.g. to assert or defend against legal claims or to comply with statutory retention obligations. 


5. Website use analysis
Purpose: we collected personal data about you through our use of cookies to analyse and understand how you and other users use our webshop. 

Personal Data: Please find further details, especially on what personal data we collect in the Cookie Tool on our website.

Legal Basis: We process your personal data based on your consent (Art. 6 (1) (a) GDPR), which you provide by accepting analytics cookies. You can withdraw your consent at any time by deleting the cookies from your web browser or via our cookie tool.

III. Data Transfers


This Privacy Policy provides information about the data recipients for each processing purpose. We share your data with partners, suppliers or agents involved in processing your payment for and delivering your products and services; responding to your communications; sending you marketing communications and tracking website users’ use of the webshop. Below, please find more details that supplement the information about data recipients:

1. Processors: 
Processors are service providers that only act based on our instructions. We have selected those service providers carefully and entered into data processing agreements with them. 

2. Other controllers
We pass on your personal data to other controllers who process the personal data for their own purposes, insofar as this is necessary for the purposes listed in section II above (e.g. payment processors or courts or authorities if and to the extent we are required to do so by law)

3. Third country transfers
If we transfer your personal data to countries outside the European Economic Area (EEA) and United Kingdom (UK) that do not provide an adequate level of protection for your personal data, or we engage processors in such countries (for example in the USA), we implement safeguards required by law, i.e. the EU or UK Standard Contractual Clauses. You can obtain a copy of the respective safeguards by contacting us at support@nickwatch.com.

IV. Your rights
The law provides you and the user several rights in connection to your personal data under certain circumstances.

1. Right of Access
You have the right to request a confirmation from us if we are processing your personal data. If we are, you have the right to access information about the processing, such as what personal data is processed, based on which purposes and how long your personal data is stored. 

2. Right to Rectification
If your personal data stored with us is incorrect, you have the right to request the correction of the data. You have the right to complete your personal data if it was incomplete, taking into account the purposes of processing.

3. Right to Erasure (“Right to be forgotten”)
Under certain circumstances, you have the right to request the erasure of your personal data, e.g. if your personal data is no longer necessary in relation to the purpose of processing or if you withdraw your consent where processing takes place based on consent only. 

4. Right of Restriction of processing
Under certain circumstances, you have the right to restrict the processing, e.g. if we are not allowed to process your personal data but you decline the erasure and requested the restriction of processing instead. 

5. Right to Data Portability
Under certain circumstances, you have the right to request that we send you your personal data in a structured, commonly used and machine-readable format.

6. Right to Object
You can object to processing your personal data if we process your data based on legitimate interests and cannot base it on other legal grounds, or if we process your personal data for direct marketing purposes. 

7. Complaint with supervisory authority
You have the right to issue a complaint with a data protection supervisory authority if you think that our processing of your personal data does not comply with relevant laws.

V. Contact 
To exercise your rights or if you have any questions in relation to processing your personal data, please contact us at support@nickwatch.com.

Version October 2022