privacy and security
PERSONAL INFORMATION WE COLLECT ABOUT YOU
"Personal Information" is information through which you can be identified. The Personal Information that Fossil collects includes Personal Information collected in any Fossil stores. The Fossil website, any Fossil mobile application or through any service provider. The Personal Information that Fossil collects depends on the nature of your activities, including, but not limited to, whether youmake a purchase or order, make a return, make an exchange, complete a survey, contact us for information, communicate online with a customer service representative, opt-in to receive our emails, register for a promotion, join a forum, join our social networking sites, download software, create an account on the Website, write a review, create a wish list, request a catalog and proceed through the checkout process on the Website. Personal Information that Fossil may collect from you may include your name, address, email address, your employer, phone number, your login and password, order information, credit card information, and comments that may identify you, and other information. If you use our "share" functionality found on our product pages, or the "send to a friend" functionality on our promotion pages, or if you otherwise choose to send an email from our site to a friend, we will also collect your friend's name and email address. The information on your friend that you provided to us is only used to send the forwarding email and is not saved in our customer or marketing databases.
HOW WE USE THE PERSONAL INFORMATION WE COLLECT
Fossil uses Your Personal Information to identify you to respond to your online email requests, to register you for certain activities/access on the Website at your request and to confirm that registration, to help identify you in the event you lose your password, to process your entry warranty and repair requests, to respond to customer service requests, to process returns and exchanges, to process personal shopper requests, to process catalog requests, to process email marketing requests, to process product reviews, to process your entry into sweepstakes or promotions, to provide you with free gifts and other promotional offers, to combine the Personal Information with publicly available information and information we receive from or cross reference with our marketing partners and others, and to otherwise maximize your access to our services and products, and order processing/fulfillment. With respect to use of the Website, without transmitting your Personal Information, you can still use most of our Website, however, you will not be able to send us email inquiries, access certain features/sections, complete a survey, register online for giveaways, request a catalog, request email marketing notifications, obtain on-line customer service, write product reviews, create wish lists or make an online purchase.
In furtherance of the foregoing uses, your Personal Information may also be shared with Fossil's employees, agents, representatives, and selected third party service providers (as set forth further below) who will be under an obligation to Fossil to use reasonable care to keep this information confidential and are prohibited from using your Personal Information for any purpose other than in connection with the service they provide to us.
Fossil may hire companies to help deliver products or services, like a shipping company that delivers a package or a company that helps facilitate our direct marketing communications. In those instances, there is a need to share your Personal Information with these contracted companies. Your opt-out choices below will not apply to sharing of your information by Fossil with any of these companies. Note: all contracted companies are contractually bound to maintain the confidentiality and security of all Personal Information.
In the event that you enter into a sweepstakes or other giveaway, your Personal Information may be shared according to the rules of that particular sweepstakes, giveaway or promotion. Any personal information that you include in the text of a product review may be made public in the product review section of the website. The information contained in your wish list may be shared with the friends and family that you insturct us to share it with.
Fossil may also disclose Personal Information:
- to comply with a court order, subpoena, search warrant or other legal process;
- to comply with legal, regulatory or administrative requirements of any governmental authorities;
- to protect and defend Fossil, its subsidiaries and affiliates, and all of their officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim or dispute;
- to prevent imminent physical harm.
GENERAL INFORMATION WE COLLECT AND USE
"General Information" is information we collect through your connection and interaction with our Website. General Information does not identify you, personally - for instance, we can't identify your name or address from your Internet browser address, but we can use General Information to compile statistics about visitors to our Website and preferences of our visitors. General Information we collect when you visit our Website includes the domain and host from which you access the Internet (ex: aol.com), the Internet protocol address ("IP Address") of the computer you are using (this is the number used by computers on a network to identify them to other computers), the browser software you are using, the operating system you are using, the date and time that you access our Website, the specific pages you visit at our Website, the number of visits you make to our Website, the number of visits to specific pages you make at our Website, and products or services viewed at our Website.
Under California law, California residents who have an established business relationship with Fossil may make a written request to Fossil about how we have shared their personal information with third parties for direct marketing purposes during the prior calendar year. In response to a written request, Fossil is allowed to provide a cost-free means to opt-out of such sharing.
Fossil has opted to provide you with a cost-free means to opt-out of such sharing. If you do not want Fossil to disclose information to other companies for their marketing purposes, please follow the opt out procedures set forth below.
You may also send an email to [email protected] instructing us to no longer share your personal information with third parties who will use it for direct marketing purposes. Please also include your name and all of the postal addresses and email addresses that you have provided to us.
COOKIES AND WEB BEACONS
Web beacons are clear image files that may be placed on a website to monitor the behavior of visiting users of the website. Web beacons are used in conjunction with cookies and assist in passing along the same type of General Information, such as the IP address, time, and duration that a web page was viewed, the type of browser that retrieved the image, and previously set cookie values.
Our Website collects information through a variety of technical methods, including cookies and web beacons. These methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may use the information collected through these technical methods for many purposes, including delivering content, tracking or enhancing your experience on our Website. We may also use technical methods to analyze the traffic patterns on the Website or third party websites, such as the frequency with which you visit certain parts of the Website or third party websites. In HTML e-mails that we send you, we may use technical methods for a number of purposes, including: to determine whether you have opened or forwarded those e-mails and/or clicked on links in those e-mails, to customize the display of banner advertisements, and to determine whether you have made an inquiry or purchase in response to a particular e-mail. These technical methods may enable us to collect and use information in a form that is personally identifiable.
You can set your browser to notify you when you receive a cookie, giving you the option to accept or reject it. You may not be able to conduct some transactions or use some services on our Website if you disable your browser from accepting cookies.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA")
We do not knowingly collect, maintain, or use Personal Information from our Website about children under the age of 13. We request that persons under the age of 13 not use our Website without supervision from a responsible adult. We will never request Personal Information from a child under the age of 13 without verifiable parental consent. If we become aware that a child under the age of 13 has sent Personal Information to us without prior parental consent, we will remove his or her Personal Information from our files.
Fossil has implemented a variety of security measures to prevent the unauthorized release of, access to, or use of Personal Information collected through our Website. For example, we store your Personal Information on computer servers that are located in controlled facilities and that have limited access. We have set up technical security measures such as browser encryption, routers and firewalls to safeguard Personal Information against unauthorized access. Our servers are located in the United States. Please be advised, however, that no security system is impenetrable/fail-proof. The secure servers are not generally accessible by unauthorized third parties, but could become accessible in the event of a security breach. Fossil has no control over the security of computers or other electronic devices of others or over means you use to send emails and submit information to Fossil over the Internet. Therefore, Fossil cannot ensure safety regarding the disclosure or interception of your information before it is received by Fossil.
LINKS TO OTHER MATERIALS
OPT OUT PROCEDURES
If you would like to unsubscribe from our mailing list please email [email protected] or call 866-268-1502. If you would like to ensure that your information is not shared with third parties for their direct marketing purposes, email [email protected] or call 866-268-1502. In either case you must provide your all names and addresses you may have provided to Fossil to ensure that they are all removed. You may also go to the Customer Care section of our Website and select the Manage Subscriptions section to follow the directions for opting out.
If you do not exercise your opt-out or "do not share" choices upon registration on the Website, it may take up to ninety (90) days for your opt-out choices to be fully effective.
ACCESS TO YOUR PERSONAL INFORMATION
To change the email address you have provided to Fossil, please email [email protected] and let our Customer Care agents take care of unsubscribing you with your old email account, and creating a new subscription with your new email address. Other Personal Information collected through Fossil is not currently accessible to you online. To review your Personal Information, or, if you believe that any Personal Information collected by Fossil about you is not correct or has changed, please send an e-mail message to [email protected] explaining the correction or change and provide any relevant confirmation or reference number.
All material on the Website, including, without limitation, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive messaging design and functions, files, documents, images or other materials on our Website (collectively, the "materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Fossil and/or its affiliates and subsidiaries (collectively, "Fossil") or other parties that have licensed to or otherwise permitted their material to be used by Fossil, and are protected by copyright, trademark and other intellectual property laws. Fossil disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Website are the property of either Fossil or other third parties. You agree not to display or use such marks without Fossil's prior written permission.
The materials on the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means without prior written consent. Any modification of the materials, use of the materials on any website or networked computer environment, or use of the materials without prior written consent for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the materials and is expressly prohibited.
All rights not expressly granted herein by Fossil to you are reserved by Fossil and/or its licensors.
Fossil provides a variety of information on its Website, such as information on store locations, distributors, email offers, products, shipping, and the like. Fossil will use commercially reasonable efforts to provide accurate and updated information. However, Fossil cannot and does not guarantee the accuracy of such information. Furthermore, Fossil provides a Careers section on the Website for your information. Information, such as title, benefits, status, etc., regarding any positions listed in the Careers section is informational only and is subject to change without notice. Finally, through its Website, Fossil provides the capability for you to upload and download files from/to your computer. Although Fossil takes the security precautions outlined above, there can be no guarantee that files you download from the Website will be corruption free, will not be intercepted by pirates, or will meet your needs and expectations.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT.
Notifications of any claim of copyright infringement should be sent to Fossil's Designated Agent at:
901 S Central Expressway
Richardson, TX 75080[email protected]
901 S Central Expressway
Richardson, TX 75080[email protected]
Fossil maintains this Website for: personal use, entertainment, electronic commerce, gathering information, education and communication with the company. Material on Fossil's website may only be downloaded for personal, noncommercial, use provided you retain all copyright and other proprietary notices contained on the materials. Distribution, modification, transmission, reuse, re-post or use the content, including, but not limited to, the text, images, audio and video, of this Website for public or commercial purposes is prohibited without the express written consent of Fossil. Access to and use of this Website is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, the terms and conditions and acknowledge that any other agreements between you and Fossil are superseded. The trademarks, logos and service marks displayed on the Website are registered and unregistered trademarks of Fossil and others. Nothing contained herein should be construed as granting any license or right to use any trademark displayed on this Website without the express written consent of Fossil or the third party that may own the particular trademark displayed on this Website. Any communication or material you transmit to this Website by electronic mail or otherwise, including any data, questions, comments, suggestions, customer reviews, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Fossil and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Fossil also asserts the right to use any ideas, concepts, know-how or techniques contained in any communication you send to the Website for any purpose including ,but not limited to, developing, manufacturing and marketing products using aforesaid information.
Fossil will use reasonable efforts to include accurate and up to date information on this Website, but Fossil makes no representations or warranties as to its accuracy. Neither Fossil nor any other party involved in creating, producing or delivering the Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of the Website. Without limiting the foregoing, everything on this Website is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, in which case some exclusions may not apply. Fossil assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect, your computer equipment or other property resulting from your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, audio or video from the Website. Fossil has not reviewed any or all of the sites linked to this Website and is not responsible for the content of any off-site pages or any other sites linked to Fossil's Website. The linked sites are provided for convenience only and do not imply endorsement or control by Fossil. Your linking to this web site, off-site pages or other sites is at your own risk and without the consent of Fossil. ARKITEKT, BIG TIC, FIFTY FOUR FOSSIL, FIFTY FOUR FOSSIL logo, FOSSIL, FOSSIL logo, FOSSIL BLUE, , FOSSIL BLUE LOGO and WATCH BAR are registered trademarks of Fossil, Inc. DEFENDER BY FOSSIL, LONG LIVE VINTAGE, FOSSIL FOREVER, FUEL, and KALEIDO are trademarks of Fossil, Inc. Fossil actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
WORRY FREE SHOPPING
At Fossil we don't just stand behind our merchandise, we also do our best to provide a safe and convenient online shopping experience.
Fossil.com is a secure website. We utilize 128-bit, industry standard, encryption technologies to ensure that your credit card information is protected during a transaction. All transactions are screened for fraud via a third-party company called Cybersource (www.cybersource.com). We have implemented our own fraud database and every transaction that passes through our website is compared to our database to prevent fraudulent transactions from ever being completed.
We at Fossil respect your concerns about privacy and value the relationship we have with you. Fossil has certified that it abides by the Safe Harbor privacy principles, as set forth by the United States Department of Commerce, regarding the collection, storage, transfer, use and other processing of Personal Information (as defined below) transferred to the United States from the European Economic Area ("EEA") and Switzerland. This Policy outlines our general policy and practices for implementing the Safe Harbor privacy principles for Personal Information that we collect online and offline.
FOR PURPOSES OF THIS POLICY:
"Customer" means any individual who is a potential or actual consumer of Fossil or any of its European affiliates.
"Employee" means any current, former or prospective employee of Fossil or any of its European affiliates who is located in the EEA or Switzerland.
"Personal Information" means information that (i) is transferred to the United States from the EEA or Switzerland, (ii) is recorded in any form, (iii) is about, or relates to, an identified or identifiable Customer or Employee, and (iv) can be linked to that individual.
"Sensitive Information" means Personal Information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offence committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings
"Sites" means Fossil.com and the other Fossil International websites.
"Stores" means stores located in the EEA and Switzerland that are operated by Fossil, Inc. or its affiliated companies.
SAFE HARBOR PRIVACY PRINCIPLES
Fossil's practices regarding the collection, storage, transfer, use and other processing of Personal Information comply with the Safe Harbor principles of notice, choice, onward transfer, access, security, data integrity, and enforcement and oversight.
We notify our Customers and Employees located in the EEA and Switzerland about the purposes for which we collect and use Personal Information, the types of third parties to which we disclose the information (for example, service providers that process Personal Information on our behalf), certain privacy rights of our Customers and Employees (such as the right to access Personal Information and the choice for limiting the use and disclosure of the information), and how to contact us about our practices concerning Personal Information.
Employees (including job applicants) who submit Personal Information through our careers site may view our Privacy Notice for details about our Personal Information privacy practices. Employees can find additional information in the Employee Data Protection Policy from local Human Resources representatives.
PURPOSE OF COLLECTION AND USE OF PERSONAL INFORMATION
Fossil and its European affiliates collect Personal Information through their Sites and in their Stores. In addition, Employees submit Personal Information to Fossil and its European affiliates in connection with the employment relationship.
We process Personal Information about our Customers to:
- process transactions they request,
- improve our Stores, Sites, Customers shopping experience and quality of service,
- send communications about our products, services and promotions,
- prevent and detect fraud and abuse,
- process information or claims in connection with incidents at our Stores,
- enable our service providers to perform certain activities on our behalf, and
- comply with our legal obligations, policies and procedures and for internal administrative and analytics purposes.
We process Personal Information about our Employees to:
- carry out and support our human resources functions and activities,
- carry out our obligations under employments contracts and employment and benefits laws,
- administer employee participation in benefits, compensation and human resources plans and programs,
- manage employee performance,
- implement compliance and discipline procedures, and investigate and report on Employee compliance and discipline, and
- comply with our legal obligations, carry out investigations and for internal administrative and analytics purposes.
We process Sensitive Information about our Employees to the extent necessary or appropriate for compliance with relevant legal or contractual obligations, including managing attendance and Employee records, and organizing elections of Employees' union representatives.
Customers located in the EEA and Switzerland may direct us not to disclose their Personal Information to third parties (other than our service providers). We do not use Personal Information for purposes incompatible with the purposes for which we originally collected the information without notifying the relevant individuals of such uses and offering an opportunity to opt-out.
We may disclose Personal Information without offering individuals an opportunity to opt out (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer Personal Information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use Personal Information you have provided to us in a manner that is consistent with our Privacy Notice.
ONWARD TRANSFER OF PERSONAL INFORMATION
We may share Personal Information with service providers we have retained to perform services on our behalf. We require service providers to whom we disclose Personal Information and who are not subject to laws based on the European Union Data Protection Directive to contractually agree to provide at least the same level of protection for Personal Information as is required by the relevant Safe Harbor principles.
ACCESS TO PERSONAL INFORMATION
Fossil provides Customers and Employees with reasonable access to the Personal Information maintained about them. We also provide a reasonable opportunity, as required by applicable law, to correct, amend or delete that information where it is inaccurate. We may limit or deny access to Personal Information where providing such access is unreasonably burdensome or expensive under the circumstances or as otherwise permitted by the Safe Harbor principles. To obtain access to Personal Information, Customers may contact Fossil as specified in the "How to Contact Us" section of this Policy. Employees should submit requests for access to their Personal Information to their local Human Resources representative.
Fossil maintains reasonable administrative, technical and physical safeguards to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Fossil takes reasonable steps to ensure that Personal Information the company collects is relevant for the purposes for which it is to be used and that the information is reliable for its intended use and is accurate, complete and current. We depend on our Customers and Employees to update and correct their Personal Information whenever necessary.
ENFORCEMENT AND OVERSIGHT
Fossil has established procedures for periodically verifying implementation of and compliance with the Safe Harbor principles. We conduct an annual self-assessment of our practices with respect to Personal Information to verify that representations we make about our Personal Information privacy practices are true and that related privacy policies have been implemented as represented.
Customers and Employees may file a complaint with Fossil in connection with the processing of their Personal Information under the Safe Harbor principles. We will also cooperate with the following dispute resolution bodies to address individuals' complaints regarding privacy issues: (i) for Customer complaints, we cooperate with the Direct Marketing Association (DMA) in accordance with its applicable commercial rules; (ii) for complaints concerning our handling of Employee Personal Information, we cooperate with the relevant EU data protection authorities. We will take steps to remedy any issues arising out of a failure to comply with the Safe Harbor principles. Please contact us as specified below to address any complaints regarding our Personal Information practices.
HOW TO CONTACT US
Attention: Chris King
Chief Compliance Officer
901 S. Central Expressway
Richardson, TX 75080
Should an individual be unable to resolve a complaint related to Safe Harbor after having contacted Fossil's customer service department ([email protected]) and/or the Chief Compliance Officer above, they may file their complaint with the Direct Marketing Association as indicated below:
Direct Marketing Association
Attn: Safe Harbor Program
1615 L St, NW Ste 1100
Washington, DC 20036-5624[email protected] http://www.dmaresponsibility.org/SafeHarbor/consumers.shtml