- what Personal Information we collect from the Misfit Apps (“Apps”, “App(s)” or “App”) including Misfit Home, Misfit Cycling and Misfit Link and Misfit Devices (“Devices” or “Device”), and the purposes for which we use it
- what Personal Information we transfer to third parties and
- what rights you have and how you can execute such rights
Personal Information is information through which you can be directly or indirectly identified, e.g. your name, email address or the activities that we collect via an App or Device.
B. What Personal Information do we collect and what do we use it for?
The Personal Information that we collect and the purposes for which we use it include the following (please note that availability of functionality may vary, depending on your App and Device):
- General Account data
When you use our Apps we will collect general data such as first and last name, email address, date of birth, gender, photo, height and weight, your password to create and manage your account, information about the Device you pair your App with and information about the device the App is installed on, including your device type, manufacturer, model, and operating system; your device ID; and the version of your App. We will also collect this information when you sign-up using a social media log in, such as via Facebook or Google+. We do not collect or store your social media password information if you sign up using a social media log in.
- Activity and sleep data
We collect the calculated number of steps you have taken, calories burned, your mode of movement (e.g. running or walking), rounds per minutes (if you use the Misfit Cycling App), travelled distance (but no correlated location data), time zone, your goals for the day (if any) and whether you achieved them. In order to enable us to calculate calories burned we also ask you to enter your height and weight. You may also choose to input information about your activities through our Apps, such as updating information about your weight or what you eat and drink.
On some Devices we collect sleep start time, sleep end time, time you go to bed and the time you wake up. We also collect details of sleep such as when light sleep and when restful sleep occurs to show you data and insights about your sleeping patterns.
Certain activity and sleep data might be regarded as “health related data” in certain jurisdictions. We therefore ask for your consent to collect such data when you sign-up. We will seek your express additional consent if we wish to use health related data for marketing purposes.
- Find Friends
To help you find friends while using our App(s), some of our devices allow you to upload your address book in addition to your social network contacts to our servers to find and connect you with users already using the App(s). Our contact importer tools will access your address book and social network contacts in order for facilitate this feature. We will not keep data about users not using the App(s).
- Information shared with Friends
Some of our devices allow you to use our App(s) to activate a feature that enables your user name and profile image to be publicly viewable and searchable in the Misfit directory. If you use this feature, we use the email address you register with us and match it with information other users upload from their address books and or social network contacts. If there is a match, we share with that person that you are a Misfit user and allow them to invite you to connect with them through the App(s).
If you choose to be friends with that person, your friends can also view your name, activity data, and achievements such as points, number of goals hit, best streak, and personal best day.
By default your milestones are not viewable in the “World Feed” (viewable by all App users). You must enable this setting to share your achievements. If you choose to, you can also opt into sharing your profile, achievements and milestones with the rest of the Misfit community as part of our World Feed feature. We store your achievements and milestones in the World Feed for up to six (6) months.
- Misfit Link
For some Devices you can use another App (Misfit Link) that enables you, with a tap on the Device, to use certain functionalities as selected by you such as to play music, ring your phone, or take a photo. We store your settings for this but do not track when you use the Link function.
- Misfit Bolt
When you create a Misfit account when using the Misfit Bolt, we collect and save information to help you manage your home and lights better. This information includes your bulb names, the rooms created, and any custom scenes that are saved.
- Location information
When you install our App(s), you will be asked to grant access to your mobile device’s geolocation data. If you grant such permission, we may collect information about your precise geolocation information (i.e., your real-time geographic location), and may use that information to customize the Service with location-based information and features (for example, to provide you with relevant weather information through your weather app based on your location). If you access the Service through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
- Other analytics
We may aggregate and de-identify data (so that the data is not associated with an individual’s name or other personally identifiable information) collected through our Apps and Devices and use it for a variety of analytical purposes, such as determining the average daily steps taken by App users, analyzing fitness trends or obtaining information to improve our products and services.
In addition, in the event one of our Apps stops working or has other performance issues on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Apps.
- Customer support
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail. We also collect certain requested information if you contact us via e-mail regarding support for the Service.
- Emails, other communications, and marketing
We may send push notifications to provide you with alerts about updates for a Device or an App unless you opted out from such push notifications (which you can do in the App's settings).
We will send you emails related to the administration of your account, such as a welcome email when you create your account, a confirmation email if you delete your account, emails if you forgot your password and need assistance changing it, or a reminder that your Account may be deactivated after a period of inactivity.
You can at any time stop transfer of data from the Device to the App by disabling the Bluetooth connection; however, in this case the functionalities described below will not work.
C. Can you share your Personal Information?
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 party apps and their providers.
D. When do we share Personal Information?
We will share your Personal Information in the following cases. We will not distribute your data to third parties that are not related to us for marketing purposes without your prior consent.
- Sharing of information when obliged by law and for internal purposes
We may use and share Personal Information, including information considered personal health information, for the proper management of our company and to otherwise carry out our legal responsibilities.
Although we do not recognize automated browser signals regarding tracking mechanisms at this time, we do not share your Personal Information for online behavioral advertising.
Additionally, on a case by case basis, in the event that we or substantially all of our assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, your data, including Personal Information, may be part of the transferred assets. Where required by applicable law or the Privacy Shield Principles we will inform you about, and allow you to opt-out from, the transfer of your Personal Information.
- Sharing within our companies
Misfit is part of Fossil Group, Inc. and we may share your Personal Information within Fossil, including its related companies. Your Personal Information will be combined with or connected to other Personal Information that Fossil companies have obtained about you (e.g. purchase details of your Device, other goods you have purchased on a Fossil website). If you have opted in to receive marketing from us, these entities may use Personal Information for marketing purposes unless prohibited by applicable law. You may opt-out of these uses by contacting us as described in Section L.
- Sharing with subcontractors and service providers
We involve other companies for the provision of services to you or hosting Personal Information. These companies are only permitted to use Personal Information on our behalf; they may not use such data for their own purposes except as permitted by law and are required to provide data security for the protection of Personal Information.
Where we engage service providers that use Personal Information on behalf of us we will use reasonable measures to contractually ensure that Personal Information is only used for the purposes defined by us. Provided your Personal Information is subject to the Privacy Shield, we will remain liable that processing of Personal Information by service providers or subcontractors is consistent with our instructions unless we are not responsible for such inconsistent processing.
- Sharing of information with business associates
We may enter into business agreements with third parties who are subject to health-related laws and regulations (e.g., the Health Insurance Portability and Accountability Act of 1996, as amended), such as health insurers and companies with employee wellness programs, to provide services related to the Devices. We may share Personal Information, including information considered personal health information, with these entities pursuant to our agreements with them.
- Sharing de-identified information with third parties
We may share aggregated and de-identified data (which is not associated with an individual’s name or other personally identifiable information) collected through the App(s) with third parties for any lawful purpose.
- Swarovski edition of the Misfit Shine
- Speedo edition
E. Children's online privacy protection
We do not knowingly collect, maintain, or use Personal Information via the App about children under the age of 14. Persons under the age of 14 may not use App and their request for accounts will be denied. If we become aware that a child under the age of 14 has sent Personal Information to us without prior parental consent, we will remove his or her Personal Information from our files.
F. How long do we store and how do we secure Personal Information?
We will retain your Personal Information as long as necessary to provide you with App and Device functionality and services but in any event only as long as your account is active. When you delete your account or we disable it after a time of inactivity and notification from us, we will also delete your Personal Information from our systems (excluding any information we have de-identified). However, we may keep some of your Personal Information for legal reasons, and also to the extent you have provided us with information pursuant to an opt-in request for marketing emails (even if such request is made in or through an App), we will retain that information as necessary to provide you with such communications. You may opt-out of marketing emails by using the opt-out link provided in such emails and you may opt-out of all marketing communications by contacting us as described in Section L below.
Safeguarding the confidentiality of your Personal Information is important to us. We take reasonable steps to protect the confidentiality, integrity, and availability of your data (e.g. by encrypting data that is exchanged between the Device and the App while in transit).
G. What are your rights?
We encourage you to address any inquires or concerns you may have regarding our use of your Personal Information by using the contact details provided in Section L.
If your Personal Information is subject to the Privacy Shield, you can also address your concerns regarding the use of your Personal Information to the Direct Marketing Association (DMA) free of charge. DMA contact information:
Privacy Shield Line
Direct Marketing Association
1615 L. Street, NW, Suite 1100
Washington, DC 20036
To file a complaint/inquiry: https://thedma.org/shield-complaint-form/
For information about the DMA and their Privacy Shield program visit: www.thedma.org/privacy-shield-safe-harbor-for-consumers/
In cases where the issue cannot be resolved by us or through the alternative dispute resolution proceedings you may invoke binding arbitration as further described in the Privacy Shield.
H. Your California Privacy Rights
California law requires certain businesses to respond to requests from California residents asking about the disclosure of Personal Information to third parties for marketing purposes. Alternatively, such businesses may adopt a policy of not disclosing Personal Information to third parties for marketing purposes if a California resident opts-out. We have an opt-out policy. If you wish to opt-out of our sharing your Personal Information for marketing purposes (either with companies related to us or if you previously consented to our sharing information with unrelated third parties for marketing purposes), please contact us by email or mail at the addresses in Section L.
I. Privacy Shield
As Fossil Group, Inc. is a US based company, Personal Information will be primarily stored in the United States. In order to provide an adequate level of protection according to EU laws, Misfit, Inc. under Fossil Group, Inc., complies with the EU-U.S. Privacy Shield Framework Principles as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of all personal data from EEA member countries. Fossil has certified that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access and recourse, enforcement and liability and is supervised by the U.S. Federal Trade Commission (FTC). To learn more about the Privacy Shield program, and to view Fossil's certification, please visit https://www.privacyshield.gov/welcome. To view Fossil’s certification on the Privacy Shield list, see the U.S. Department of Commerce’s Privacy Shield certification list located at https://www.privacyshield.gov/list. Fossil Group’s subsidiaries, including Fossil Partners, LP and Misfit, Inc. also adhere to the Privacy Shield Principles.
Fossil’s independent resolution dispute provider is the Direct Marketing Association and their contact information is listed above in the Section entitled “What are your rights?”
J. Data Storage in the US
As we are a US based company, Personal Information will be primarily stored in the United States. By providing Personal Information to us, to the maximum extent permitted by applicable law, you acknowledge that we collect, maintain, process and transfer such information in and to the United States and other countries and territories, pursuant to the laws of the United States or such other jurisdictions, which may provide lesser privacy protections than EEA countries, and to the maximum extent permitted by applicable law, you acknowledge that 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.
L. Who we are and how to contact us
The Misfit Apps are provided to you by Misfit 839 Mitten Road, Suite 100, Burlingame, CA 94010, USA. If you have any questions regarding privacy in connection with the Misfit Apps, please contact us via email at email@example.com.
Alternatively you can also contact us via mail or email at:
Attention: Chris King, Chief Compliance & Risk Officer
901 S. Central Expressway
Richardson, TX 75080, USA