Privacy Policy – TAG HEUER CONNECTED

PRIVACY POLICY

Last update: February, 2023

TAG Heuer is committed to respecting your privacy. The purpose of this privacy policy (the “Privacy Policy”) is to describe the conditions under which we collect, use and store your personal data in the context of your use of the TAG Heuer Connected application (the “Application”) and your TAG Heuer connected watch .

The Application has been designed for use in combination with the last generations of TAG Heuer connected watch (2020 onwards) (the “Watch”) and Watch apps pre-installed or available for download on your Watch: TAG Heuer Sports, TAG Heuer Wellness and TAG Heuer watchfaces. .

You represent that you are at least 16 years old and have the legal capacity to use the Application and to validly consent to the processing of data related to you.

When the Privacy Policy mentions “TAG Heuer”, “we”, “us”, or “our” it refers to the party that provides you with the Application. Please refer to the section “Who we are and how to contact us” for more details.

1 - What personal data do we collect and when

TAG Heuer collects the following information:

a) account information required when creating and/or completing your TAG Heuer account, either on TAG Heuer website, in TAG Heuer boutiques, in the Application or in other apps which TAG Heuer may make available to you (i.e., first name, name, gender, email address, password, birth date, marketing communication preferences);

b) in case you expressly consented to it, we will collect the following information when using the Application and the Watch:

- your activity profile that you may fill in either in TAG Heuer Sports (on your Watch) or in the Application (the “Activity Profile”). Such Activity Profile includes your gender, weight, height and age. If you agree to the synchronization between your Application and your Apple Health app (for iOS users) or your Google Fit app (for Android users), your Activity Profile will be updated based on your information (gender, weight, height and age) as indicated by you in Health on iOS or Google Fit on Android. You can disable the synchronization in the settings of the Application;

- your information in connection with your sport sessions, your physical condition and your health, which you are tracking when using TAG Heuer Sports and/or TAG Heuer Wellness on your Watch and which you can choose to synchronize with the Application. This includes your heart rate, calories burned, number of steps, activity frequency, wellness performance goals and sport performance metrics such as your speed, pace, duration of each sport session or other performance measures available with TAG Heuer Sports depending on the selected sport. It also includes your location data from sport sessions with TAG Heuer Sports if the selected sport involves GPS use (e.g., running, cycling). These information, collectively with your Activity Profile, are referred to below as your “Activity Data”. With TAG Heuer Sports, your Activity Data from your sport sessions will be transferred on TAG Heuer servers at the end of each sport session. With TAG Heuer Wellness, your Activity Data will be transferred continuously on TAG Heuer servers once you have activated TAG Heuer Wellness on your Watch. You can always deactivate it in the settings of the app on your Watch;

- information related to your Non-Fungible Tokens (“NFT”), such as your public key data (your “NFT Data”), if you choose to connect your crypto wallet with the Application to display your NFT on your Application and on your Watch, using our “LENS” feature. For the avoidance of doubt, we do not collect private key data associated with your crypto wallet.

c) diagnostics and usage information when using the Application and TAG Heuer apps (including TAG Heuer watchfaces) on your Watch: information about your interaction with the Application (for example, when you create or log into your account, or open or interact with the Application on your Watch, or choose a watchface) and other technical information in relation to your use of the Application and TAG Heuer apps on the Watch (such as the IP address allowing approximate location of your device no more precise than the city, your device model, Watch and phone battery consumption information, crash/diagnostics logs).

d) information received from Health (for iOS users) or Google Fit (for Android users) if you allow us to activate the synchronization with those third party apps.

2 - Why and how we use your personal data

As a general principle, we only collect and process your personal data if you create or sign in with a TAG Heuer account. In such a case, we will process your personal data to run the service offered to you via the Application, and to help us improve and enrich it. The purposes and legal grounds for processing your personal data are detailed below:

a) Your account and our maintenance of the Application: we need to process your account information in order to manage your access to your TAG Heuer account on your Application, and to communicate with you and answer any questions or comments you may have in connection with the Application. In this regard, if you turn on the notifications, we will be able to notify you of important events or to provide you with certain technical announcements and administrative messages regarding the Application. You may disable them at any time through the settings on your phone. The legal ground for processing your personal data is the performance of the contract we have with you, as user of the Application.

b) Your tracking of your Activity Data: in order to display on your Application your Activity Data from TAG Heuer Sports and/or TAG Heuer Wellness and to enable you to follow your progress over time, we need to collect and process (i) your sport performance and wellness metrics and, to the extent that any data qualifies as health data, your health-related data, and (ii) your location data.

The legal ground for processing such personal data is your consent, which is mandatory to complete your TAG Heuer account creation. However, you may withdraw such consent at any time by interrupting the synchronization between your Watch and your TAG Heuer account, in the privacy settings of the Application. If you withdraw your consent, you will be logged out from the Application and TAG Heuer will cease collecting any new Activity Data from your Watch. Your Activity Data from further use of TAG Heuer Sports and/or TAG Heuer Wellness will then remain stored locally on your Watch unless and until you decide to re-log in to the Application.

If, in addition to interrupting the synchronization, you also wish to delete from our servers your past Activity Data, you can request such deletion by contacting our customer support or sending us your request through https://www.tagheuer.com/Contact (Contact us, category Personal data).

Please note that, if you do not want to synchronize your Activity Data on our servers, you can cancel the creation of your TAG Heuer account and use the Application without logging in.

c) Display of your NFT: in order to enable you to display the image of your NFT on your Application and on your Watch if you use our “LENS” functionality, we need to process your NFT Data. The legal ground for processing your NFT Data is the performance of the contract we have with you, as user of the Application.

d) Your interest in TAG Heuer: we may use your TAG Heuer account data to provide you with personalized information on TAG Heuer products and services, invitations to events and marketing events, but only if you specifically authorize us to do so. The legal ground for processing such data is your consent. You can always change your mind and manage your marketing preferences in the settings of the Application. Please note that, if you decide to no longer receive marketing communications from us, you will still receive administrative communications from us, such as notifications about your account activities (e.g., account confirmation, modification of password, etc.).

e) Your use and interaction with the Application and the Watch: we collect diagnostics and usage information, based on our legitimate interest, to improve the quality and features of the Application and our Watch apps (including TAG Heuer watchfaces), understand how users interact with the Application and our Watch apps and identify issues and errors that occurred when using the Application and our Watch apps. We may also generate anonymous statistics to understand general usage trends, to develop or improve features and our services. Note that you can opt out from the collection of diagnostics and usage information of the Application in the settings of the Application.

f) Finally, we may process your data, based on our legitimate interest, in order to send you survey and to ensure the security of the networks and if the processing is necessary to comply with a legal obligation to which TAG Heuer is subject.

3 - Google and third party Services

3.1 Google processing activities

Your Watch is powered by Google Wear OS and the use of the Application will imply the processing of your personal data by Google notably to pair and set up your Watch (for E4 generation and onwards). In this context, Google acts as an independent data controller and those processing activities are subject to Google’s own terms of use and privacy policy. TAG Heuer has therefore no control and responsibility for those processing activities, nor shall be liable for any loss or damages whatsoever that may be incurred because of any processing of your personal data carried out by Google.

As we do not define the purpose and the means of those processing, this Privacy Policy does not apply to them. We encourage you to read, and understand Google terms of use and privacy policy before using the Application, and before sharing your personal information with Google.

3.2 Synchronization with third party applications

The Application integrates the third party applications HealthKit on iOS devices and Google Fit on Android devices and allows you, if you expressly consent to it, to synchronize your Application with your Health or Google Fit app depending on the operating system of your device. The Application is also compatible with Strava.

If you choose to activate the synchronization of your Application with Health (for iOS users) or Google Fit (for Android users) on your mobile phone, we will collect the following information provided by you in such application (and update your activity profile accordingly): your height, weight, gender and age. We collect such information on our servers only once when you activate the synchronization. Activating such synchronization will also activate the automatic sharing of your Activity Data with Health or Google Fit. You may withdraw your consent to the synchronization at any time in the settings of the Application (go into the “Third Party Applications” section of the settings).

If you have a Strava account and choose to link your Application with your account on Strava, your sport sessions with TAG Heuer Sports will be shared with Strava. You may withdraw your consent to the synchronization at any time in the settings of the Application (go into the “Third Party Applications” section of the settings).

You acknowledge that TAG Heuer is not the editor of those third party applications and may, under no circumstances, be held liable for these applications or for the use you make of any of them. We encourage you to review the terms of use and the privacy policy applicable to each third party application before using them.

Apple and HealthKit are trademarks of Apple Inc.; Strava is a trademark of Strava, Inc.; Google Fit and Android are trademarks of Google LLC.

4 - How long do we keep your personal data

We do not retain personal data longer than necessary for the purposes stated above.

Unless a longer storage duration is required from us to comply with our legal or contractual obligations or to resolve disputes:

- we keep your account information for as long as your TAG Heuer account is active. Note that you can delete your account by contacting us via the "Help and Support" page in the settings of the Application or on TAG Heuer website.

- we keep your Activity Data until the earlier of the following events: your deletion of your TAG Heuer account, or your instructions that you wish to delete your Activity Data from our servers. After three years following your last interaction with the Application (either directly or indirectly through another application which you would have synchronized with the Application), we will send you a notification asking you to re-launch the Application before we delete your Activity Data from our servers;

- we keep your NFT Data for as long as your TAG Heuer account is active. We may delete it earlier if we notice that a NFT does not belong to you anymore (i.e., is no more technically identified in your crypto wallet) or if you ask us to delete such data.

Your data may be archived for a limited period, which shall not exceed five years of time from its deletion.

Your diagnostics and usage information collected through the trackers installed on the Application, and on TAG Heuer apps and watchfaces on your Watch, are kept for a maximum of 25 months.

Note that you may exercise your right to erasure at any time by contacting us through https://www.tagheuer.com/Contact (Contact us, category Personal data).

5 - How do we share and/or transfer your personal data

We do not sell your personal data, and will not sell your personal data. Your personal data may be transferred to the following recipients:

a) third party service providers processing personal data on our behalf; those providers help us provide services in connection with the operation of the Application, including for customer support, hosting, monitoring of wallet changes, account management and diagnostic,usage and preferences data analysis (i.e., Sentry, Firebase Crashlytics,Amplitude and OneSignal);

b) TAG Heuer affiliates and TAG Heuer authorized distributors processing personal data on our behalf and contributing to the management of your TAG Heuer account and to the provision of the services offered by the Application;

c) any third party if we determine that such disclosure is necessary to comply with applicable law, protect our rights or prevent fraud or abuse. When we receive law enforcement requests for information, we scrutinize such requests carefully, especially if they are vague, overbroad or otherwise unlawful. When legally permitted and reasonably possible, we may provide you with notice that your information is being requested. In any case, both the assessment of the request as well as the possibility to inform you of it are at our sole discretion and may not make us liable from a civil, criminal or administrative point of view.

We also use maps of the third party editor Mapbox, to display your recorded tracks on the Application. We do not share any personal information with Mapbox. Note that Mapbox proposes to collect, when users use Mapbox maps, anonymous data about how users interact with their maps, to help Mapbox developers build better location-based applications. You may decide to contribute to such improvements, by opting in to such anonymous data collection by Mapbox (opt-in mechanism available in the copyright attribution section of the map).

We operate internationally and may transfer personal data outside of Switzerland and the European Economic Area for the purposes described above.

In such case, we ensure that an adequate protection is guaranteed for the personal data transferred. Indeed, we will establish with the recipient of personal data a contractual framework (e.g., standard contractual clauses adopted by the European Commission) or other appropriate safeguards that ensure an adequate level of protection abroad. You may request access to a copy of these safeguards by contacting us through https://www.tagheuer.com/Contact (Contact us, category Personal data).

6 - Our security measures

TAG Heuer is committed to respect your privacy. We have in place appropriate technical and organizational measures to limit to the maximum the processing of your data and maintain their security. This means in particular that, by default, only personal data which are necessary for each specific purpose of the processing are processed by us and all accesses to your personal data are limited to what is required for the purposes detailed under this Privacy Policy.

7 - Your rights

You have certain legal rights in relation to your personal data which you can exercise by contacting us through https://www.tagheuer.com/Contact (Contact us, category Personal data). Those legal rights are outlined below.

You have the right to request access to or information about the personal data related to you which are processed by us.

You may ask to delete any or all your personal data collected by us as a result of your use of the Application.

You also have the right to request:

- to rectify your personal data but also to restrict the processing of your data;

- the portability of your data (i.e., the right to receive the personal data related to you that you provided to us and to transfer it to another data controller);

- to object to the processing of your data.

The request is free of charge unless your request is unfounded or excessive (e.g., if you have already requested such personal data multiple times in the last 12 months or if the request generates an extremely high workload). In such case, we may charge you a reasonable request fee according to applicable data protection legislation.

We encourage you to contact us if you feel your personal data has been mishandled or if we have failed to meet your expectations.

In any case, you may lodge a complaint with the competent supervisory authority.

8 - Privacy Policy updates

We may update or revise the Privacy Policy from time to time. We will ensure that you are informed of these changes either by a notice in the Application, for example, or, if applicable, by a personalized warning sent by email or through a Push notification. The Privacy Policy will be resubmitted to your acceptance if and when updated.

9 - Who we are and how to contact us

For users other than those residing in Mainland China, TAG Heuer, branch of LVMH Swiss Manufactures SA, is the data controller that provides you with the services as part of the Application. You may contact us at:

TAG Heuer

6A rue Louis-Joseph Chevrolet

2300, La Chaux-de-Fonds, Switzerland

If you are residing in Mainland China, LVMH Watch & Jewellery Commercial (Shanghai) Co, Ltd is the data controller. You may contact us at:

LVMH Watch & Jewellery Commercial (Shanghai) Co, Ltd

Room 1702-1705, Tower One, Plaza 66, No. 1266 Nanjing Road West,

Shanghai 200040, China

Please note that the representative of TAG Heuer in the European Union is:

LVMH Montres & Joaillerie SAS

79 boulevard Haussmann

75008, Paris, France

If you have any question or request regarding your personal data, please contact our Data Protection Officer through https://www.tagheuer.com/Contact (Contact us, category Personal data).

10 – Rights for California residents

If you are residing in California, the California Consumer Privacy Act of 2018, California Civil Code Sections 1798.100 et seq. (CCPA), effective January 1, 2020, may afford you additional rights. For example, California residents may have a right, following a verifiable request, to:

- access—twice in a 12-month period, free of charge—the categories and specific pieces of personal information TAG Heuer has collected about you in the 12-month period prior to the request, the categories of sources from which the personal information is collected, the business purposes for collecting the personal information, and the categories of third parties with whom TAG Heuer shares personal information; and

- delete personal information under certain circumstances.

Such requests may be made by contacting us (i) via https://www.tagheuer.com/Contact  or (ii) by calling 1-866-309-3467.

For your protection and security, once you have made a request, we will verify your identity using information you have previously provided to us, or other information that is specific to you. You may also authorize an agent to submit a request on your behalf, so long as you provide the authorized agent written permission to request on your behalf, and your authorized agent is able to verify their identity with us.

We do not discriminate against our users and customers on the basis of their exercising any of their rights afforded by the CCPA, which is further in accordance with California residents’ rights under that title.

Should you need access to this Privacy Policy in an alternative format due to a disability, please contact us through the methods provided above.