PERSONAL INFORMATION WE COLLECT ABOUT YOU
"Personal Information" is information through which you can be identified. Zodiac only collects Personal Information that you voluntarily provide to us. The Personal Information that Zodiac collects through our Website depends on the nature of your activities, including, but not limited to, whether you complete a survey, contact us for information, register for a promotion, join a forum, download software, on the Website and proceed through the checkout process on the Website. Personal Information that Zodiac may collect from you when you participate in these activities may include your name, address, email address, your employer, phone number, your login and password, order information, and comments that may identify you, and other information that you voluntarily provide.
HOW WE USE THE PERSONAL INFORMATION WE COLLECT
Zodiac 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 into sweepstakes, to provide you with free gifts and other promotional offers, to notify you of changes made to the Website policies, and to otherwise maximize your access to our online services and products, and order processing/fulfillment. If you choose not to give us 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, or make an online purchase. In furtherance of the foregoing uses, your Personal Information may also be shared with Zodiac's employees, agents, representatives, and selected third party service providers who will be under an obligation to Zodiac 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 services they provide to us.
Zodiac 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 Zodiac with any of these companies. Note: all contracted companies are contractually bound to maintain the confidentiality and security of all 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 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.
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.
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.
Zodiac may on occasion share a portion of our postal mailing list with other reputable organizations not owned or affiliated with Zodiac. If you do not want your name and address shared with other organizations or you no longer wish to receive Zodiac catalogs, please contact us at 800-449-3056. You may also contact us via email (please include your exact name and mailing address as shown on your catalog) at CustomerService@ZodiacWatches.com.
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.
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.
Zodiac 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 services 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. Zodiac 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 Zodiac over the Internet. Therefore, Zodiac cannot ensure safety regarding the disclosure or interception of your information before it is received by Zodiac.
LINKS TO OTHER MATERIALS
To the maximum extent permitted by applicable law, 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 & YOUR RIGHTS
To change the email address you have provided to Zodiac, please email CustomerService@ZodiacWatches.com 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 Zodiac may not be currently accessible to you online. To review your Personal Information, or, if you believe that any Personal Information collected by Zodiac about you is not correct or has changed, please send an e-mail message to CustomerService@ZodiacWatches.com explaining the correction or change and provide any relevant confirmation or reference number.
We encourage you to address any concerns you may have regarding your information or our use of your Personal Information by using the contact details provided directly above, or below in the section entitled "How to Contact Us".
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. Please see the DMA contact information in the section below entitled "How to Contact Us".
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 website, see the section entitled "Privacy Shield" below.
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 Zodiac and/or its affiliates and subsidiaries (collectively, "Zodiac") or other parties that have licensed to or otherwise permitted their material to be used by Zodiac, and are protected by copyright, trademark and other intellectual property laws. Zodiac 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 Zodiac or other third parties. You agree not to display or use such marks without Zodiac'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 Zodiac to you are reserved by Zodiac and/or its licensors.
Zodiac provides a variety of information on its Website, such as information on store locations, distributors, email offers, products, shipping, and the like. Zodiac will use commercially reasonable efforts to provide accurate and updated information. However, Zodiac cannot and does not guarantee the accuracy of such information. Furthermore, Zodiac may provide 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 web sites, Zodiac provides the capability for you to upload and download files from/to your computer. Although Zodiac 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 Zodiac's Designated Agent at:
901 S. Central Expressway
Richardson, TX 75080
901 S. Central Expressway
Richardson, TX 75080
Zodiac maintains this web site for the internet browser to use for: personal use, entertainment, gathering information, education and communication with the company. Material on Zodiac's web site 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 of the content, including, but not limited to, the text, images, audio and video, of this web site for public or commercial purposes is prohibited without the express written consent of Zodiac. Access to and use of this web site is subject to the following terms and conditions and all applicable laws. By accessing and browsing the web site, you accept, without limitation or qualification, the terms and conditions and acknowledge that any other agreements between you and Zodiac are superseded. The trademarks, logos and service marks displayed on the web site are registered and unregistered trademarks of Zodiac and others. Nothing contained herein should be construed as granting any license or right to use any trademark displayed on this Web Site without the express written consent of Zodiac or the third party that may own the particular trademark displayed on this Web Site. Any communication or material you transmit to this Web Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Zodiac and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Zodiac also asserts the right to use any ideas, concepts, know-how or techniques contained in any communication you send to the web site for any purpose including, but not limited to, developing, manufacturing and marketing products using aforesaid information.
Zodiac will use reasonable efforts to include accurate and up to date information on this web site, but Zodiac makes no representations or warranties as to its accuracy. Neither Zodiac nor any other party involved in creating, producing or delivering the web site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of the web site. Without limiting the foregoing, everything on this web site 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. Zodiac 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 web site or your downloading of any materials, data, text, images, audio or video from the web site. Zodiac has not reviewed any or all of the sites linked to this web site and is not responsible for the content of any off-site pages or any other sites linked to Zodiac's web site. The linked sites are provided for convenience only and do not imply endorsement or control by Zodiac. Your linking to this web site, off-site pages or other sites is at your own risk and without the consent of Zodiac. ZODIAC, the ZODIAC logo and ZODIAC WATCHES are registered trademarks of Zodiac. Zodiac actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Zodiac 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. Zodiac has certified under Fossil Group, Inc. 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 Commerceâs Privacy Shield self-certification list that may be found at: https://www.privacyshield.gov/list. Fossil Groupâs subsidiaries, including Fossil Partners LP and Misfit Wearables Corporation also adhere to the Privacy Shield Principles.
Fossilâs 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".
HOW TO CONTACT US
Writing to: Fossil Group
Attention: Chris King
Chief Compliance Officer
901 S. Central Expressway
Richardson, TX 75080
Should an individual be unable to resolve a complaint related to Privacy Shield after having contacted Zodiac's customer service department (CustomerService@ZodiacWatches.com or email@example.com) and/or the Chief Compliance Officer above, they may file their complaint with the Direct Marketing Association (DMA) as indicated below:
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 Privacy Shield visit: https://www.thedma.org/privacy-shield-safe-harbor-for-consumers/