THIS PRIVACY POLICY WAS UPDATED ON JULY 19, 2021.
At Fossil Group, Inc., its affiliates and subsidiaries (collectively “Fossil”, “Fossil Group”, “we”, “us” or “our”) we value your data protection rights. In this Privacy Policy for the United States and Canada we provide you with both a brief summary (in the box below) and an in-depth explanation (starting with Section 1. below) of how we handle Personal Information.
This Privacy Policy describes:
“Personal Information” is information that can be used either directly or indirectly to identify you. Examples of Personal Information include your name and your email address.
Please note that this Privacy Policy does not apply to Personal Information we collect through any of our Apps or wearable technology devices. Please refer to the Privacy Policies of our Apps for privacy information related to our wearable apps and devices.
For information on how we use cookies and similar technologies please visit our Cookie Policy.
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Service Provision Marketing Recipients Safeguards We have implemented physical, organizational, contractual and technological security measures with a view to protecting your Personal Information and other information from loss or theft, unauthorized access, disclosure, copying, use or modification. Your rights Location of your data |
1. WHAT PERSONAL DATA DO WE USE, FOR WHICH PURPOSES AND ON WHICH LEGAL BASIS?
In order to provide you with our services and the full range of features, we and our service providers use your data (including your name, email address and IP address) for the following purposes:
In principle (unless we have a legal or other legitimate reason to maintain it), we delete information related to you
In addition to those just described, we want to explain certain of our processing activities to you in more detail:
1.1 RECRUITING PROCESS
We process your data in order to determine your suitability for employment if you apply for a job with us. For the application process we collect the information from your application and the information included in your CV/resume and cover letter, which may include contact details, academic background, job history, skills and competencies, as well as the IP address from the device you are applying from etc. Your application data will not be kept for longer than is legally allowed, or as required by applicable law.
1.2 VIDEO SURVEILLANCE
We process data gained from video surveillance in some of our stores and campuses for purposes allowed by law including: security, loss and fraud prevention reasons. We share this data in the cases described in Section 3. The duration of the data storage depends on the governing national law unless storage is otherwise permitted (see Section 4).
1.3 INTEREST BASED ADVERTISING
We may contact you for direct marketing purposes via email, mail, or other electronic communication methods (e.g. social media) unless you have opted-out from receiving direct marketing messages (for US customers) or with your consent (for Canadian customers). For certain types of direct marketing methods (e.g. text messaging, or in Canada, email marketing), we will obtain your explicit consent prior to sending you direct marketing messages. To select which marketing information may be of interest to you and to personalize ads and offers we
1.4 CROSS-DEVICE TARGETING
In order to save your preferences, analyze your usage of our websites, provide interest-based advertising to you and deliver tailored ads across multiple devices, we try to link the different devices you are using to you. Technically, we are storing cookies on all the devices you are using and link those cookies within our internal database.
1.5 LOG FILES, COOKIES AND SIMILAR TECHNOLOGIES
Every time you visit our website, our system stores data related to your browser, its version, the operating system of your computer, your IP address, date, length and time of your visit, the website you accessed before and the sites you visit following links on the Fossil page. We use this information for our legitimate security interest and we delete log files without undue delay.
For information about our use of Cookies and similar technologies please see our Cookie Policy.
1.6 YOUR REVIEWS AND SHARED CONTENT
When you post a product or seller review or upload an image or other material to our website, or when you share content with us on third party websites, such as social networks, we may publish and use this information on our website and third party websites. Information shared with third party websites is not necessarily under our control and we do not control and do not assume responsibility for the use of that information by such third party websites.
2. WHERE DO WE GET PERSONAL INFORMATION FROM?
Most of the Personal Information we process we received from you or your actions, be it because you entered the data during the registration process, placed an order, applied for a job vacancy or because we track your usage of our website, or newsletter, etc. However, we also may receive information about you from other sources, such as, other Fossil Group companies, and, if publicly available, from third party websites. In some cases we receive Personal Information about you from our service providers and partners, e.g. from Facebook, Google, etc.
3. WHEN DO WE SHARE PERSONAL INFORMATION?
We will share your Personal Information in the following cases:
3.1 LEGAL OBLIGATION AND INTERNAL PURPOSES
We disclose your Personal Information
3.2 JOINT PROCESSING WITHIN FOSSIL GROUP
Your information may be combined with other Personal Information that Fossil Group companies have obtained about you that might be covered by other Fossil Group Privacy Policies (e.g. wearable data, goods you have purchased on a different Fossil Group company website or from a Fossil Group store in another country, repair transactions). We may also make your data available to Fossil Group companies for analytic purposes, or if you apply for a job with us (for information about Fossil Group companies click here www.fossilgroup.com). We base this joint processing on an intra-group agreement, allocating the responsibilities of the respective group entities. According to this agreement, each Fossil Group company will be responsible for the data processing related to its own business operations and will remain responsible for the Personal Information jointly processed with others. For you as our customer this means that the Fossil entity you are in touch with is responsible for processing your data and answering your requests. If you are not sure about the entity responsible in your case please contact privacy@fossil.com.
3.3 LINKS TO THIRD-PARTY WEBSITES AND SERVICES
On some pages we allow you to share Personal Information with third parties, such as social networks like Facebook. In these instances you are agreeing to the data being shared and the shared data being subject to the privacy policies of the third party. We do not control and do not assume any responsibility for the use of Personal Information by such third parties. For more information about the third party’s purpose and scope of their use of Personal Information in connection with sharing features, please visit the privacy policies of such third parties.
3.4 THIRD PARTY ADVERTISING
We use third-party service providers to display advertisements across the internet. These advertising service providers may collect information about your visits to our website and your interaction with our products and services, as well as your visits to other websites. Such information does not include your name, address, but may contain browser-related information. This Privacy Policy does not cover these third-party service providers. Please contact them directly for more information on their use of your Personal Information and refer to their privacy policies.
3.5 PUBLIC DISCLOSURE
Any Personal Information that you include in the text of a product review may be made public in the product review section of our product pages. We may also make your wishlist public on our website when you enable this function.
3.6 SHARING WITH THIRD PARTIES
We involve other companies for the provision of services, who are allowed to use Personal Information only on our behalf and must not use it for their own purposes, unless permitted by law.
The following is a list of categories of services and functions along with example recipients:
3.7 TRANSFER OF ASSETS
We may transfer your Personal Information to a third party in the event of a transfer of all or some of our assets to a third party.
4. FOR HOW LONG DO WE USE PERSONAL INFORMATION?
We will retain your Personal Information as long as necessary to provide you with functionality and services as described above under Section 1, as long as reasonably necessary to further our legitimate interests or as long as we are required or allowed to by law. Examples include: to support a transaction with you, the defense against, or the establishment of legal claims and legal obligations (e.g. tax law, or the principle of accountability, which requires us to demonstrate that our processing complies with applicable data protection laws). In order to verify whether you opted out or in to marketing activities, for example, we store your respective choice (e.g. via a cookie or a declaration).
5. HOW DO WE KEEP YOUR PERSONAL INFORMATION SAFE?
We have implemented physical, organizational, contractual and technological security measures with a view to protecting your Personal Information and other information from loss or theft, unauthorized collection, use and disclosure.
Despite the measures outlined above, no method of information transmission or information storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security. You must also do your part by keeping your password safe.
6. WHAT ARE YOUR RIGHTS?
With regard to Personal Information that you have provided or that has been collected under this Privacy Policy, you may opt-out of uses for direct marketing purposes, such as correspondence from us about our products and promotions. Please consider that if you exercise your opt-out choices, it may take some time for your opt-out choices to be fully effective. To exercise your opt-out rights, please contact us at privacy@fossil.com. In addition, California residents have the rights described below.
6.1 ACCESS TO AND YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION
If you have an account on this site, you have the ability to view and change the Personal Information you provided to us within the My Account section of the website and/or using the contact details in Section 11 below. You may access information we hold about you, request a correction where data is incorrect or a deletion of your data, unless we have to keep your data for legal reasons. We encourage you to address any concerns you may have regarding our use of your Personal Information by using the contact details provided below.
6.2 CALIFORNIA RESIDENTS
The California Consumer Privacy Act of 2018 (CCPA) provides California residents with specific rights regarding their Personal Information. If you are a California resident you have the right to request the disclosure of
You have the right to request that we delete any Personal Information that we have collected, subject to certain exceptions defined in CCPA.
To exercise your access and deletion rights described above you have to submit a verifiable request to us by (1) sending us an email at privacy.nam@fossil.com or (2) calling us at +1 (800) 449-3056. The verifiable request must contain sufficient information to allow us to verify you and to properly understand and respond to your inquiry. As part of our verification process we will send you an email with a link to verify your email address. Following this we will ask you one further verification question. Once the verification process is complete we will send you emails with login credentials to our secure privacy portal for you to access, download or instruct us to delete your data.
We will respond to your verifiable request within 45 days of receipt. If we require more time (up to 90 days) we will provide you with notice and explanation of the reason.
We may not be able to fulfil your deletion request in part or completely if retaining the information is necessary for us or our service providers to:
Furthermore you have the right to request that in case we sell your Personal Information, or disclose it for a business purpose, we disclose to you:
In case we have sold your Personal Information you have the right, at any time, to direct us not to sell your Personal Information. This right may be referred to as the right to opt-out. You may opt out of the sale of your Personal Information by completing the webform here. You may also submit your request to opt-out by sending us an email at privacy.nam@fossil.com or calling us at +1 (800) 449-3056.
Please note that the opt-out request on this site will stop the sale of your information by Fossil Group tied to the email address submitted with the request, including sales related to other brands owned by Fossil Group with which you have interacted. However, some interactions you have with us are not connected to your email address. For instance, we sell certain Personal Information through the use of cookies, tags or pixels provided by third parties, which are not connected to your email address. For these instances we are working to launch a new feature on this website to fulfill opt-out requirements related to these cookies, tags and pixels.
You may use an authorized agent to submit a request to access, delete and to opt-out on your behalf if you provide the authorized agent written permission to do so and verify your own identity directly with us. “Authorized agent” means a natural person or a business entity registered with the Secretary of State that a consumer has authorized to act on their behalf. We may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf, unless you have provided the authorized agent with power of attorney, pursuant to Probate Code sections 4000 to 4465.
We do not knowingly collect personal information from California residents between the ages of 13 and 16.
In the preceding 12 months, we have collected the following categories of Personal Information about California residents:
Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Protected classification characteristics under California or federal law such as age (40 years or older) and sex (gender).
Commercial information such as including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other similar network activity such as browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Audio / Visual such as audio, electronic, visual, thermal, olfactory, or similar information (e.g. recordings of calls with customer care).
Inferences drawn from other personal information such as a profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We have collected the Personal Information directly from you, e.g during your account registration, your purchases and through your usage of our website and from Consumer data resellers, from employment applications you submit to us, through transactions in our stores and interactions with our customer care or warranty and repair services. We may use or disclose the Personal Information we collect for "business purposes" or "commercial purposes" such as security, debugging/repair, performing services on behalf of the business or service provider, advance a person’s commercial or economic interests, quality, safety maintenance and verification of a service or device, enabling or effecting a commercial transaction etc.
In the preceding 12 months we have sold and/or disclosed the following categories of Personal Information:
| Category | Sold | Disclosed for a business purpose |
| 1. Identifiers | Consumer data resellers, Advertising and Social networks | Affiliates, Service providers, Logistic, Payment processors, Public auditing |
| 2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) | N/A | Affiliates, Service providers, Logistic, Payment processors, Public auditing |
| 3. Protected classification characteristics under California or federal law | N/A | Affiliates, Service providers, Public auditing |
| 4. Commercial information | Consumer data resellers, Advertising and Social networks | Affiliates, Service providers, Payment processors, Public auditing |
| 5. Internet or other similar network activity | Advertising and Social Networks | Affiliates, Service providers, Payment processors |
| 6. Audio / Visual | N/A | Affiliates, Service providers |
| 9. Inferences drawn from other personal information | N/A | Affiliates, Service providers |
We do not discriminate against you because you exercised any of your rights under the California Consumer Privacy Act, including, but not limited to, by:
However, we may charge you a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to you by your data (e.g. your identifiers). In addition, we may offer financial incentives, including payments to you as compensation, for the collection of Personal Information, the sale of Personal Information, or the deletion of Personal Information. We may also offer a different price, rate, level, or quality of goods or services to you if that price or difference is directly related to the value provided to you by your data. We may enter you into a financial incentive program only if you give us prior opt in consent which clearly describes the material terms of the financial incentive program, and which may be revoked at any time. We shall not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.
7. DATA STORAGE IN THE U.S.
Personal Information we collect will be primarily stored in the United States with Fossil Group member companies and our service providers, see examples in the list in Section 3.6. To the extent permitted by applicable law we also use and transfer Personal Information in and to other countries and territories. Your information may thus be subject to U.S. and foreign laws and accessible to U.S. and foreign governments, courts, law enforcement and regulatory agencies.
8. AGE REQUIREMENTS AND CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”)
We do not knowingly collect, maintain or use Personal Information about children under 16. Persons under the age of 16 may not use our website without supervision from a responsible adult. We will never request Personal Information from a child under 16 without verifiable parental consent. If we become aware that a child under 16 has sent Personal Information without prior parental consent, we will remove his or her Personal Information from our records.
9. WHAT HAPPENS IF WE CHANGE THIS PRIVACY NOTICE?
This Privacy Notice is effective as of July 19, 2021 and may be updated from time to time. We will notify you of material changes by posting a prominent notice on our website or by sending you an email.
10. LINKS TO AND FROM OTHER WEBSITES
Whenever we provide links to other websites on our website, this is in the interest of our users and should be understood as a courtesy. Some pages to which we link and pages that link to our websites are not under our control. In such cases we are neither responsible for the content of these pages nor for compliance with the applicable data protection regulations of those providers. We recommend that you carefully read the privacy statements of these third parties to learn how your Personal Information is stored, used or shared.
11. WHO ARE WE AND HOW CAN YOU CONTACT US?
Please address any questions, concerns, inquiries, complaints, or requests regarding our practices concerning Personal Information to Fossil at:
Telephone Number: +1 (800) 449-3056
Fossil Group
Attention: Compliance Manager
901 S. Central Expressway
Richardson, TX 75080, USA
You can also get in touch with our data protection team and the responsible data protection officer we designated in every case required by law per email using privacy@fossil.com.
This website is provided by Fossil Group, Inc., 901 S. Central Expressway, Richardson, TX 75080, USA, email: privacy@fossil.com.