Privacy Policy

THIS PRIVACY POLICY WAS POSTED ON SEPTEMBER 26, 2016.

At Fossil Group, Inc. (“Fossil Group” or “Fossil”), owner of the Misfit Brand and Misfit, Inc. (“Misfit”, ”we”, or “us”), we value and protect your privacy rights. This Privacy Policy describes:

  • When and what information we collect on our websites, or by any of our service providers through our website.
  • How we use Personal Information we collect.
  • Your rights regarding your Personal Information.

“Personal Information” is information through which you can be directly or indirectly identified, e.g. your name, your e-mail address and items you purchased (provided we can connect them to your e-mail/customer account.)

By using this website or our products and services, you consent to our collection, use and disclosure of your Personal Information as set out in this Privacy Policy.

Please note that this Privacy Policy DOES NOT apply to information we collect through any Misfit Apps or Misfit branded devices. Please refer to the Privacy Policies for the Misfit App accessible via the app for information on privacy for that information.

WHEN WE COLLECT PERSONAL INFORMATION

We receive Personal Information from or about you depending on the nature of your activities, especially in the following cases:

  • Website Sign-up/Registering: We store the information that you provide to us when you create an account at our website (such as e-mail, name, date of birth and additional information you may voluntarily provide us such as your general interests). 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.
  • Affiliate / Developer Programs: If you join our Affiliate program we will collect information necessary to administer the program (such as e-mail, name, physical address, phone number). If you send us inquiries or correspondence related to our Developer Toolkit, you are voluntarily submitting your Personal Information to be used for that purpose.
  • Transactions: We collect details of purchases on our websites as well as when you return or exchange a product or when you send us your product for warranty or repair service and any communication in connection with this.
  • Visiting our Website/Using E-mails: We store details of your visits to websites (such as pages visited, browser details, your IP address) and your interactions with any e-mails that we send to you. For more information, see our Cookies Section. We also collect information you share via our website, such as to request marketing materials, obtain a lost password, or to write an online review of our products.
  • Sweepstakes, Contest, or Promotion Registration: You provide your name and contact information to enter a sweepstakes, contest/competition, or promotion sponsored by us.
  • Social Media Sharing: You share any pictures/materials with us for publication on social media.
  • Referral Programs: When your refer or invite friends, family or others to participate in promotions, contests, competitions, or other referral programs we may offer, we collect the contact information that you share about these individuals.
  • Other Sources: We may receive Personal Information about you from other sources, examples include when you take online surveys or through service providers who enhance our marketing data. We may also obtain information about you from other companies related to the Misfit Brand and Misfit, Inc. (such as from purchases at Fossil Group owned stores, websites, transaction data, or marketing information). In each of these cases we may add this information to the information we have already collected from you in order to improve the products and services we provide.

HOW WE USE PERSONAL INFORMATION

  • Transactions/Provision of Services:
    • Transactions: We use your Personal Information to process your purchases, send you confirmations or electronic receipts, screen transactions for fraudulent behavior, and handle any returns, exchanges or repairs to your products, to respond to customer service requests, and for any related communications.
    • Administer Websites: We use your Personal Information to administer your website accounts such as to enable you to access your shopping bag, to see products you purchased from us, products you saved for later, products you registered, or to show you other products that may interest you. We also may use your Personal Information to provide other services, such as to process support requests, to process email marketing requests, to provide you with promotional offers or marketing materials verify your identity in the event you lose your password, or process your product reviews.
    • Referral Programs: When you refer products or promotions to other persons we use such data to provide you with discounts/special offers we specified for such a referral. We can also collect the number of referrals and the purchases brokered by your referrals to determine if you are eligible for further discounts/special offers in accordance with the terms and use of our referral program. We may send an email or communication to the referral’s provided contact information, but we do not permanently store their information for future marketing purposes unless we obtain the referred party’s consent.
    • Sweepstakes or Contest: When you enter a sweepstake, contest, or competition we sponsor, we process your Personal Information to enable your participation.
  • Analytics: We may store details of your visits to our websites and your electronic interactions with any emails that we send to you (“Usage Data”) under a pseudonym (i.e. not under your name but under an ID number), including the pages you visited and services you used. We use such Usage Data to help us learn more about our users’ shopping preferences, to be able to tailor our offers and websites according to your interests and preferences, to help us address problems with and improve our site design, products and services, to analyze trends and statistics and to present content in the clearest and most friendly manner for you.
  • Marketing: We may contact you for direct marketing purposes per e-mail, mail, or via other electronic communication methods (e.g. social media) unless you have opted-out from receiving further direct marketing messages (see below for your opt-out options). For certain types of direct marketing methods (e.g. text messaging), we will obtain your explicit consent prior to sending you direct marketing messages.
  • Securing our assets: We may also use Personal Information to protect the security or integrity of our websites and our business.
  • Other: We may use and collect Personal Information for any purpose associated with or related to the above purposes.

USE OF PERSONAL INFORMATION FOR MARKETING PURPOSES

We may also use your Personal Information for marketing and market research purposes to learn more about our customers and users. We will only contact you for direct marketing purposes in accordance with applicable laws.

You may opt-out of our use of your Personal Information for marketing and market research purposes at any time by sending an e-mail to Info@Misfit.com.

COOKIES AND OTHER TECHNOLOGIES

We are using cookies and other technologies like pixel tags for purposes described below. Cookies are small files which are sent from the website and then stored on the hard drive of your device. Pixel tags, also called web beacons are clear image (i.e. non-visible) files that may be placed on a website or in an e-mail, and request information from your device such as your browser type (also referred to as “Cookies”).

We may permit third parties to collect user Personal Information over time or across third-party websites, and we may permit third parties to gather Personal Information passively on our websites for behavioral advertising purposes.

You can control many tracking tools, including cookies, from your browser. In particular, you may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our websites.

Additionally, some Internet browsers have a ‘do not track’ feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are currently not set up to respond to such signals.

TYPES OF COOKIES

We use session Cookies that expire at the end of a browser session (from when a user opens the browser window to when they exit the browser) and persistent Cookies which remain on your hard drive until you erase them or they expire. How long a persistent Cookie remains on your browser depends on how long the visited website has programmed the Cookie to last or they can be stored for longer.

We use Cookies for different purposes, which can be categorized as follows:

  • Functional Cookies: These Cookies are required for the website to function and for you to use our services. They include, for example, Cookies that enable you to log in, use a wish list or store products in a shopping cart. They may also enable us to recognize you when you return to our site and store information about your preferences, so they allow us to customize our site according to your individual preferences (such as the language chosen by you).
  • Analytical Cookies: These Cookies analyze how users navigate around the website (pages visited, links used etc.) or how they use e-mails we’ve sent to them. They enable us to better understand interests of users and to improve our website and services.

    Google Analytics:This Website uses Google Analytics, a web analysis service provided by Google Inc.(“Google”). The information generated by the cookie is usually sent to a Google server in the USA. On our behalf, Google will use this information to evaluate your use of the website and to compile reports on website activities. The IP address transmitted by your browser is not collated with other data by Google.

    You can learn more about Google Analytics here:

    https://www.google.com/policies/privacy/partners/

    You can prevent transmission of data relating to your use of the Website (including your IP address) to Google by downloading and installing the browser plug-in available at the following link:

    https://tools.google.com/dlpage/gaoptout?hl=en

    Adobe Analytics: We are also using Adobe Analytics to obtain details about the usage of our website. In order to do so both services – just like Google Analytics – are tracking your activities using cookies.

    You may disable Adobe Analytics using the following link:

    http://www.adobe.com/privacy/opt-out.html

  • Third party advertising: We use third-party service providers to display advertisements (banners or links) on our behalf across the internet. These advertising service providers may collect information about your visits to our website and your interactions with our products and services, as well as your visits to other websites. Such information does not include your name, address, e-mail address but may contain browser-related information.

    Currently, we use cookies from the following advertising delivery partners:

    • Criteo SA, whose privacy policy can be accessed by visiting their website at the following link: http://www.criteo.com/privacy/. Each banner will include a link to Criteo’s Privacy Policy page that will include information on how to disable Criteo service. Criteo also creates a unique code (a "hash") from your email address if you log in on our website to be able to identify users across various devices.
    • Google: You can find more information about Goggle's re-marketing practices by clicking on this link: http://www.google.de/policies/technologies/ads/. If you want to prevent Google from setting cookies and collecting data for behavioral advertising, you may deactivate this setting by visiting this page.
    • Facebook: Through the Facebook Conversion Tracking technique we are able to measure the effectiveness of our Facebook campaigns. Facebook is tracking on our behalf visitors on our website that came to us through a link in one of our Facebook campaigns. You can opt-out from this by using the link about online advertising directly below.

    For more information about third party online advertising and an easy option to opt-out please visit http://www.youronlinechoices.com/.

DISCLOSURE/SHARING OF PERSONAL INFORMATION

  • We may disclose or share your data with other companies for the purposes described in this Policy. These other companies might be members of Fossil Group (e.g. subsidiaries) or other third party providers, which may be based in other jurisdictions than your country of residence.
  • Third party providers perform various and different services, like a shipping company that delivers a package, a payment service provider that enables us to manage multichannel payment transactions, or a company that helps facilitate our direct marketing communications. In these instances, we will need to share your Personal Information with these companies. Further examples of other services are online surveys, credit checks and supporting and maintaining our IT infrastructure.
  • 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 and (provided that your Personal Information is subject to the Privacy Shield) we will remain liable for the requirement that processing of Personal Information by a service provider is consistent with our instructions unless we are not responsible for such inconsistent processing.
  • 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.
  • We may share your Personal Information where necessary in order to comply with any legal obligation, legal requests by public authorities, including requests to meet national security or law enforcement requirements, to protect and defend us, our subsidiaries and affiliates and all of our officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim or dispute or in order to enforce or apply our terms of use and sale and other agreements.
  • Unless you have opted out of such marketing use as set forth herein, occasionally we may also share your Personal Information with select third parties so that they can send you promotional materials about goods and services offered by them. We may also occasionally share your Personal Information with organizations that combine the Personal Information with publicly available information and information we receive from or cross-reference with our marketing partners and other third parties. We use that combined information to enhance your shopping experience with us, to communicate with you about our products, to inform you of events that may be of interest to you, and for other promotional purposes.
  • 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, provided that the third party agrees to adhere to terms similar to those of this Privacy Policy. If your information is subject to Privacy Shield we will provide you with an opportunity to reject the transfer of your Personal Information in such cases.
  • 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 is subject to the privacy policies of the third parties. 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.
  • We may disclose aggregated, non-personal information about website users without restriction.

RETENTION PERIOD

We will keep your Personal Information for as long as necessary for the purposes described above or as long as we are required by law. After this your Personal Information will be deleted. We cannot remove your Personal Information when there is a legal storage requirement, such as accounting rules or when there are other legal grounds to keep the data, such as an ongoing contractual relationship.

SECURITY

The security of your Personal Information is important to us. Accordingly, while no set of privacy and security standards or safeguards is 100% secure, we take steps to ensure any information that you share with us is kept secure and strictly confidential in accordance with this policy. We take various precautions to protect information from loss, misuse and unauthorized access, collection, use, disclosure, copying, modification, alteration, destruction or similar risks.

LINKS TO OTHER MATERIALS

If you are offered a link to connect to a third-party website, it is for the convenience of our website visitors. Sites linked to and from this website are not necessarily under the control of us and we have no responsibility for the content or privacy practices of any such linked site or service. We recommend that you read the privacy policies of those third parties to see how your information is handled.

CALIFORNIA RESIDENTS

Under California law, California residents who have an established business relationship with Misfit may make a written request to Misfit 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, Misfit is allowed to provide a cost-free means to opt-out of such sharing.

Misfit has opted to provide you with a cost-free means to opt-out of such sharing. If you do not want Misfit 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 Info@Misfit.com 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.

OPT-OUT PROCEDURES

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 or the sharing by us of your Personal Information with select third parties for their direct marketing purposes.

You may opt-out by sending an e-mail to Info@Misfit.com or use any other options we may offer. Your opt-out choices do not apply to (i) any communication which is not promotional in nature, (ii) sharing and use by Misfit of your Personal Information with service providers used by Misfit to enhance your experience on our websites and (iii) to allow Misfit to provide you with more personalized advertising across the internet.

To the maximum extent permissible under law, if you do not exercise your opt-out or "do not share" choices upon registration on one of our websites, it may take up to ninety (90) days for your opt-out choices to be fully effective.

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.

ACCESS TO AND YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

This website gives you the ability to view and change the Personal Information you provided to us by accessing your account via the sign-in feature. 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. For any inquiries please contact us at Info@Misfit.com.

We encourage you to address any concerns you may have regarding our use of your Personal Information by using the contact details provided below.

If your Personal Data is subject to the Privacy Shield you can also address your concern 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.

PRIVACY SHIELD

Misfit, 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 European Union 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 US Department of Commerce’s Privacy Shield self-certification list that may be found 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 “Access To and Your Rights Regarding Your Personal Information”.

WEBSITE LOCATION

The Site is operated by Misfit and Fossil in the United States. If you are located outside the United States, please be aware that information we collect, including Personal Information, may be transferred to, processed, and stored in the United States. To the maximum extent permitted by applicable law, by using the Misfit websites or providing us with any information, you consent to the transfer, processing, and storage of your information in the United States. To the maximum extent permitted by applicable law, you are also consenting to the application of United States federal and Texas state law in all matters concerning the Site and this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy was posted on September 26, 2016. Any changes we may make to our Privacy Policy in the future will be posted on this page and, when appropriate, notified to you by e-mail.

HOW TO CONTACT US

Please address any questions or concerns, inquiries, complaints, requests to access or correct your Personal Information, or requests to limit the processing of your Personal Information regarding our Privacy Program or our practices concerning Personal Information to Misfit at:

Misift Inc.

839 Mitten Road, Suite 100

Burlingame

California 94010

E-mail: info@misfit.com

Alternatively please feel free to directly contact our US Compliance Department:

Fossil Group Inc.

Attention: Chris King

Chief Compliance Officer

901 S. Central Expressway

Richardson, TX 75080

USA

E-mail: CorporateCompliance@fossil.com