Last updated: November 2019
The A. Lange & Söhne webform (hereinafter referred to as “A. Lange & Söhne Webform”) is a tool developed by Lange Uhren GmbH which enables authorized retailers as well as external boutiques of A. Lange & Söhne to collect customer-related data.
a. Access to the A. Lange & Söhne Webform is strictly limited to ALS Affiliate’s current authorized retailers and external ALS Affiliate boutiques (referred together as "Authorized Dealer") which have signed the ALS Affiliate’s Authorized Dealer Agreement or the ALS Affiliate’s Boutique Agreement and their authorized employees.
b. Authorized Dealer agrees to comply with any subsequent instructions relating to the access and/or use of the A. Lange & Söhne Webform as may be issued by ALS Affiliate from time to time. ALS Affiliate may also decide that the use of all or part of the A. Lange & Söhne Webform's functionality is mandatory. In this event, ALS Affiliate will inform Authorized Dealer in advance by way of a posting on the A. Lange & Söhne Webform.
4. ACCESS AND USE
a. Access: Authorized Dealer hereby agrees and confirms that it will only request the A. Lange & Söhne Webform access profiles from ALS Affiliate for its own current employees, to the exclusion of any other person:
(ii) Authorized Dealer shall be fully liable for any operation, misuse, manipulation or any other act or omission performed under its account profiles, including any unauthorized act undertaken by one of its officers, directors, employees, agents (whether current or past) or any other third party who gains access to the A. Lange & Söhne Webform through use of the Authorized Dealer’s account profiles;
(iii) Notwithstanding section 4.a (i) above, Authorized Dealer further agrees to:
-- notify the local ALS Affiliate administrator responsible for managing Authorized Dealer’s account profile immediately in the event that it suspects and/or becomes aware of any unauthorized use of the Authorized Dealer's account profile, including security breaches of whatever nature (for example stolen account profile, circumvention or hacking);
-- notify ALS Affiliate prior to the termination of employment of any authorized employee’s employment with Authorized Dealer so that ALS Affiliate can suspend said authorized employee’s access to the A. Lange & Söhne Webform prior to such termination. Authorized Dealer shall comply with any instructions from ALS Affiliate in order to facilitate this process;
-- ensure that all Customer Data and Data (as such terms are defined in sections 5 and 6 below) entered into the A. Lange & Söhne Webform by Authorized Dealer are correct, truthful and complete and ensure that such Customer Data and Data is kept updated by Authorized Dealer;
-- ensure that Authorized Dealer’s access to the A. Lange & Söhne Webform is always provided using computer systems, hardware and software that have technical tools and related staff operational procedures (including training and awareness) that ensure that the Data and Customer Data are kept secure from unauthorized access, disclosure, loss or damage; and
-- ensure that access to its computer terminals or mobile devices is restricted to its authorized employees and that each of Authorized Dealer's employees’ logs out correctly at the end of each session from the A. Lange & Söhne Webform.
(c) Use and functionalities: The A. Lange & Söhne Webform currently allows for the collection of relevant Customer Data and Data as part of any applications for and/or purchase of a watch.
5. USE OF AUTHORIZES DEALER'S PERSONAL DATA
(a) Authorized Dealer and its employees using the A. Lange & Söhne Webform hereby expressly consent to the collection by ALS Affiliate of personal information and server log data (“Data”) relating to their use of the A. Lange & Söhne Webform, such Data being automatically provided to ALS Affiliate through tracking software (including cookies) when connecting to the A. Lange & Söhne Webform and upon registration for use of the system.
(b) ALS Affiliate uses this Data, in particular, to improve the A. Lange & Söhne Webform and services and to fulfil any requests from Authorized Dealer and/or to respond to any questions or comments they may choose to submit.
(c) ALS Affiliate also uses this Data to survey use of the A. Lange & Söhne Webform and prevent any possible abusive use of the A. Lange & Söhne Webform.
(d) Authorized Dealer is responsible for informing its employees of any collection of their personal data by ALS Affiliate and where required by applicable laws, obtaining their consent to such collection and use. Authorized Dealer further agrees to defend, hold harmless and fully indemnify ALS Affiliate, its affiliates and their personnel, agents and officers against any damages and reasonable associated costs arising out of or in connection with any fines and/or penalties imposed by courts or regulators as a result of any data breaches in respect of the Data;
6. COLLECTION OF CUSTOMER DATA
This section applies to Authorized Dealers who share Customer Data (as defined below) with ALS Affiliate. In such cases, the Customer Data shall have two independent data controllers, namely the Authorized Dealer and Lange Uhren GmbH.
(a) Authorized Dealer shall comply at all times with all applicable laws and/or regulations governing collection and processing of client data, including applicable data protection and privacy laws. “Customer Data” referred to in this section includes, but is not limited to, full name, email address, telephone number, postal address, social media handles, date of birth, age and nationality of a client, purchase details and marketing preferences and other personal information that the client has voluntarily provided.
(b) Authorized Dealer shall implement appropriate technical and organisational measures to protect the Customer Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. Authorized Dealer shall control access to Customer Data to ensure that only those employees who need access to such data are provided with access.
(c) Authorized Dealer is responsible for informing its customers of any collection or sharing of the Customer Data by or with ALS Affiliate and where required by applicable laws, obtain their consent thereto. Authorized Dealer shall follow any processes specified by ALS Affiliate in relation to collection of such Customer Data. ALS Affiliate shall, where permissible by applicable law, be entitled to use the Customer Data for its own marketing and customer survey and administration purposes and to share the Customer Data on a worldwide basis with affiliated entities or service providers processing the Customer Data on behalf of ALS Affiliate or any affiliated entities. Authorized Dealer further agrees to defend, hold harmless and fully indemnify ALS Affiliate, its affiliates and their personnel, agents and officers against any damages and reasonable associated costs arising out of or in connection with any fines and/or penalties imposed by courts or regulators as a result of any data breaches in respect of the Customer Data;
(e) Authorized Dealer and ALS Affiliate undertake to fully cooperate with each other so as to comply with client requests for disclosure, amendment, deletion and/or suspension of the relevant Customer Data or in compliance with a court or administrative order.
(a) Authorized Dealer represents and guarantees that it will not disclose to any third party or use for its own purposes or purposes of others, other than as set out herein, either during or following termination of its access to the A. Lange & Söhne Webform, any information or documents relating to the A. Lange & Söhne Webform. It is understood, that this obligation applies to any technical, business, product, strategic, client, advertising, financial, legal or other information of any nature whatsoever.
(b) No material, document, or any part thereof related to the A. Lange & Söhne Webform may be reproduced, duplicated, republished, posted, copied, transmitted, re-engineered by any means of whatsoever nature, or used, shared or distributed to third parties in any way whatsoever other than as stipulated herein.
(d) All computer readable files, including all accessory documents such as, but not limited to circular letters, specific instructions accessible from the A. Lange & Söhne Webform or forwarded to Authorized Dealer and/or its employees in whatever form are and remain the property of ALS Affiliate and/or its affiliated companies at all times and, as such, are protected by international and national copyright legislation.
(e) In the event that Authorized Dealer’s right to access and use the A. Lange & Söhne Webform is terminated, any documentation, data reflecting any confidential information, including any documents which the Authorized Dealer obtained through the A. Lange & Söhne Webform, in any form whatsoever, shall be promptly destroyed and any computer readable copies deleted from the Authorized Dealer's computer system. Authorized Dealer shall provide written confirmation that the deletion of such information has been effected upon request from ALS Affiliate.
(a) This section applies only to the A. Lange & Söhne Webform and Authorized Dealer’s use thereof and not to the products that may be sold to Authorized Dealer.
(c) ALS Affiliate tries to ensure that the information provided is accurate and complete.
(d) ALS Affiliate does not warrant that the functional and/or technical aspects of the A. Lange & Söhne Webform will be error free or that the A. Lange & Söhne Webform or the servers that make them available are free of viruses or other harmful components. If use of the A. Lange & Söhne Webform results in the need for servicing or replacing property, material, equipment, data or other element, ALS Affiliate is not responsible for those costs. Without limiting the foregoing, everything on the A. Lange & Söhne Webform is provided "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. ALS Affiliate and its suppliers make no warranties about the software, text, downloads, graphics, and links, or about results to be obtained from using the A. Lange & Söhne Webform.
(e) To the fullest extent permitted by applicable law, ALS Affiliate shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the A. Lange & Söhne Webform or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if ALS Affiliate has been advised of the possibility of such damages.
9. GENERAL PROVISIONS
(d) The provisions of sections 5, 6, 7, 8, 9 and 10 shall survive termination of Authorized Dealer’s access to the A. Lange & Söhne Webform.
10. APPLICABLE LAW AND JURISDICTION