CUSTOMER CARE

PRIVACY POLICY

Last Updated: November 23, 2022

At Fossil Group, Inc., owner of the Zodiac brand, 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 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.

We may update this Privacy Policy from time to time. You should not use the Fossil websites (our “websites”) if you have any objections to our Privacy Policy. If you have a question about how your Personal Information is being used, you can contact us through the methods provided in the “Who are we and how can you contact us / Contact Details” section (Section 12) at the end of this Privacy Policy.

This Privacy Policy describes:

• Personal Information we collect in our stores, on our websites, through our call-centers or through our repair centers, and the purposes for which we use it;
• Personal Information we collect in order to determine your suitability for employment if you apply for a job with us;
• Personal Information we transfer to third parties;
• for how long we retain your Personal Information;
• how we keep your Personal Information safe; and
• rights you have and how you can execute such rights.

“Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to identify you. Examples of Personal Information include your name, email address, IP address, and mailing 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.

Service Provision We and our service providers process Personal Information related to you in order to provide you with the full range of services and features we offer. This includes Personal Information necessary to set up a customer account and Personal Information required to receive products and services and applying for employment. Marketing We may use your Personal Information for marketing purposes to provide you with personalized offers about our products and services, unless you opt-out (for US customers) or with your consent (for Canadian customers). Recipients  We and our service providers access your Personal Information in order to provide services to you as described in this Privacy Policy. 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  With regard to Personal Information that is governed by this Privacy Policy, whether you have provided the information or it has been collected by Fossil or a third party under this Privacy Policy, you may opt-out of uses for direct marketing purposes. California privacy rights are described further down this policy in Section 6.2 California Residents. Location of your Personal Information Personal Information we use will be primarily stored in the United States with us and our cloud service providers.

1. What Personal Information Do We Collect, and How Do We Use It?

In order to provide you with our services and the full range of features, we and our service providers may collect and use your Personal Information (including your name, email address and IP address) for the following purposes:

• when you create an online customer account, to manage your account, to provide access to your shopping cart, to display purchased, reserved and registered products, or to present other products presumably of interest to you, to verify your identity if you forgot your password and to process your product reviews;
• when you choose to provide us further information, such as date of birth, address, personal settings, a wish list and your gender, to enable us to personalize both your profile and our recommendations for you;
• when you order goods online, in this case we additionally need your address, telephone number and payment information, to process your purchase, send you confirmation or back-in-stock notification and scan transactions for fraudulent activity;
• when you place products in your shopping cart, but have not checked out these products, we use your email address to send you an abandoned cart reminder;
• when you book a Virtual Shopping appointment with us, we ask for your name, telephone number, email address and shopping preferences to offer you a remote shopping experience. Additionally - to facilitate purchasing - you can leave a shipping address;
• when you order goods to be picked-up in one of our stores by someone other than you, we need contact details such as name and email address of the pickup person;
• when you purchase a product in a Fossil retail store and request an e-receipt, to process your request;
• when you participate in loyalty programs, recommend our products to others, redeem a gift card, or when we offer you discounts and bonuses etc. we use this information in addition to purchase-related information to determine whether you are eligible for additional discounts and special offers;
• when you share any pictures/materials with us for publication on social media for such publication;
• when you enter a sweepstake, contest/competition, or promotion sponsored by us to administer and promote the sweepstakes, contest/competition or promotion;
• when you return or exchange a product or when you send us your product for warranty or repair service, to process the request and any communication in connection with it;
• when you contact us to answer your requests, provide customer support and handle your inquiry; and/or
• when you use our live chat functionality, the Customer Service Bot (for additional information, go to Section 1.7 of this Policy), to assist you with your account, orders, website navigation and other inquires.

In principle (unless we have a legal or other legitimate reason to maintain it), we delete information related to you:

• upon your request,
• after expiry of the relevant legal retention period; and/or
• once we do not have any business purpose for retaining the Personal Information anymore.

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 Personal Information 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 Personal Information will not be kept for longer than is legally allowed, or as required by applicable law.

1.2 Video Surveillance

We process Personal Information 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 Personal Information in the cases described in Section 3. The duration of the Personal Information 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:

• use publicly available information (e.g., from your social media profiles);
• analyze your account information and how you use our services including our website, ads on third-party websites and our newsletter;
• use information of your redemption of a gift card, participation in a sweepstake, contest, competition, or survey;
• use information collected by our service providers or partners (e.g., Google); and
• use information collected when you request an e-receipt in our stores or fill out an onboarding form.

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 Personal Information 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 Website and App Tracking via ContentSquare

Our websites and apps use technology provided by a third-party service provider, Content Square, Inc. (“ContentSquare”), to track mouse movements, clicks and mobile interactions. The tracking data is securely sent to ContentSquare servers, where it is aggregated and prepared for analysis. ContentSquare then provides us with actionable insights and recommendations, which help us to improve our website and app experiences and better market our products.

1.7 Website Interactions

Our websites use technology to monitor how you interact with our websites. This may include, without limitation, which links you click on, information that you type into our online forms, and your interaction with the Customer Service Bot (which is governed by this Privacy Policy). We utilize session replay technology during these interactions to monitor and record mouse clicks and movements, keystrokes, and pages and content viewed by you. We use this information to better understand our website visitors, to fulfill or meet the reason you provided the information, to contact you in relation to our websites, to respond to an inquiry, to screen for potential risk or fraud, or otherwise meet the needs of our websites and website visitors.

1.8 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 Personal Information 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. More information on our collection techniques is included above under Section 1.

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

• in order to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal processes, including requests to meet national security or law enforcement requirements;
• in order to protect and defend the rights or property of us or third parties; and/or
• in an emergency, in order to protect the safety of our employees, or any person.

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 Personal Information 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 Personal Information 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 Personal Information 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 Personal Information being shared and the shared Personal Information 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:

• to enable the functionality of our online application portals (e.g., IBM);
• to provide customer care services (e.g., Salesforce, 8x8, Transcosmos);
• to provide a virtual shopping experience (e.g., Squarespace);
• providing hosting and general IT services (e.g., Amazon Web Services and Google);
• using data cleansing and enrichment techniques (e.g., Acxiom Corporation);
• for functional, social, analytical technologies and technologies enabling behavioral marketing (for more details, please refer to our Cookie Policy) and Sections 1.3-1.7, above);
• for social media services (e.g., Facebook or Google);
• providing payment services (e.g., PayPal, CyberSource);
• for transport and logistics services (e.g., FedEx);
• for direct marketing campaigns (e.g., Google, Facebook); and/or
• to administer sweepstakes, contests and competitions.

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 commercially reasonable 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 Privacy Choices?

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 Personal Information is incorrect or a deletion of your Personal Information, unless we have to keep your Personal Information 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:

• the categories of Personal Information we collected about you;
• the categories of sources from which the Personal Information is collected;
• the business or commercial purpose for collecting or selling Personal Information;
• the categories of third-parties with whom we share Personal Information; and
• the specific pieces of Personal Information we have collected about you.

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.