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PRIVACY POLICY


Because Zodiac values your patronage and respects your privacy rights, we are voluntarily providing you with this statement of our Privacy Policy. The following discloses our information gathering and dissemination practices for any website operated by Zodiac from which you access this Privacy Policy (collectively, the "Website").

 


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.


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 ("promotional purposes") offered by them. When sharing your information for promotional purposes, Zodiac attempts to select reputable companies that offer high quality products and services. When we share your Personal Information with a third party, your Personal Information will become permanently subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of your Personal Information. You may choose to opt-out of sharing your information with third parties as described below.


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 reserves the right to transfer your Personal Information to a third party in the event of a transfer of all or substantially all of Zodiac's 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.


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.


Zodiac may also disclose Personal Information: (1) to comply with a court order, subpoena, search warrant or other legal process; (2) to comply with legal, regulatory or administrative requirements of any governmental authorities, including requests to meet national security or law enforcement requirements; (3) to protect and defend Zodiac, 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; (4) to enforce the Terms of Use of our Website; (5) in connection with the purchase of a business or a sale of one or more of our businesses or its assets, provided that any purchasing party agrees to adhere to terms similar to those of this Privacy Policy; and (6) to prevent imminent physical harm.


Generally, you may not opt-out of service related communications, which are not promotional in nature. Nor will your opt-out choices apply to sharing by Zodiac of your Personal Information with the service providers or partners used by Zodiac to enhance your experience on the Website and/or to allow Zodiac to provide you with more personalized promotional materials, as set forth in this Privacy Policy. However, you can opt-out of direct promotional communications from the Website by following the unsubscribe instructions within each communication or by clicking here.


Except as provided in this Privacy Policy, Zodiac will not sell, trade, or disclose to third parties any Personal Information obtained through ZodiacWatches.com or from third parties without your consent.


Please be aware that this Privacy Policy and any choices you make on the Website will not necessarily apply to Personal Information you may have provided to us or any third parties in the context of other, separately operated, operations or in connection with unrelated products or services.


The Site is operated 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 Zodiacs 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.


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.


We use the General Information we collect to perfect and administer our Website, analyze trends, and generate aggregate statistics about visitors to our Website. In situations where it is possible to do so, General Information may be linked to Personal Information. Further, Zodiac may take your Personal Information and make it non-personally identifiable General Information, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing the information). Given the nature of this information, there are no restrictions under this Privacy Policy upon our right to aggregate or de-personalize your Personal Information, and we may use and/or share with third parties the resulting non-personally identifiable General Information in any way.


COOKIES AND WEB BEACONS


A cookie is an element of data that frequently contains an anonymous unique identifier. Such data is sent from the website to your browser, which may then store it on your system for future use. Our Website uses cookies to keep track of your shopping cart and to honor your preferences, such as not using frames.


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.


SECURITY


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


If any link is offered connecting to a third-party website, it is for the convenience of our Website visitors and as an accommodation to the respective third-party site owner and without charge. Zodiac reserves the right to reject any request for a link to a third-party website and to remove any link for any reason. Sites linked to and from this Website are not necessarily under the control of Zodiac and Zodiac shall have no responsibility or liability whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. If you click on an advertisement or link on the Website and link to a third party's website, then this Privacy Policy will not apply to your personally identifiable information collected on that third party's website and you must read the privacy policy on that website to see how your information will be handled.


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 of that information that are promotional in nature, such as correspondence from us about our products and promotions or the sharing by us of your Personal Information with select third parties for promotional purposes. There are several methods by which you can exercise your opt-out/do not share preferences: (a) during registration on the Website; (b) after registration, by logging into your account on the Website and following the opt-out directions; and (c) by following the directions provided in an email to you. Information regarding opt-out and "do not share" procedures is provided in every promotional email we send to you. If you would like to unsubscribe from our mailing list, click here.


Each of the opt-out and "do not share" procedures and choices are subject to the exceptions described in this Privacy Policy. Further, any opt-out/do not share choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from Zodiac or voluntarily enter into a contest, survey or other promotion being hosted by Zodiac, (b) Zodiac uses your Personal Information for operational or non-promotional uses such as completing transactions requested by you, sharing your Personal Information with our marketing partners to enhance your experience on the Website, or to send you administrative communications either about your account or about features of the Website, including any future changes to this Privacy Policy, or (c) you provide personal information about other persons (however, these persons will have the opportunity to opt-out of receiving promotional 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.


LEGAL NOTICES


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:
Zodiac WebGuy
901 S. Central Expressway
Richardson, TX 75080
CustomerService@ZodiacWatches.com


CHANGES TO THIS PRIVACY POLICY


This Privacy Policy was posted on September 1, 2006 and updated on September 26, 2016. Zodiac reserves the right to change, modify or amend this Privacy Policy at any time without notice. When the Privacy Policy is changed, modified and/or amended, the revised Privacy Policy will be posted on the Website. If you have previously provided us with an e-mail address, and we amend this Privacy Policy to permit material changes in the way we collect, use, and/or share your Personal Information, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us. You are responsible for updating your Personal Information to provide us with a current e-mail address. In the event that the last e-mail address you have provided us is not valid, or if for any other reason our notice is returned as undeliverable to the address you have provided, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the amendment described in the notice. You are responsible for periodically checking the Privacy Policy available on the Website for changes, and are encouraged to bookmark the Website to check for updates and take or print out copies of the Privacy Policy for their records. Continued use of the Website following any changes or modifications shall be deemed as your acceptance of any changes in the terms and conditions of the Privacy Policy.


In any event, an amendment to this Privacy Policy may permit material changes in the way we use and share your Personal Information that you provided us prior to our notification to you of such amendment. If you do not wish to allow such material changes, you must so notify us (in the manner we specify) upon your receipt of notice of the amendment. Please be advised, however, that, regardless of whether you provide notice to us, any such amendment to this Privacy Policy will apply to Personal Information that you provide us or that is collected by us on or after the effective date of the amendment.


If you have any questions regarding this Privacy Policy, please contact us at:
Zodiac WebGuy
901 S. Central Expressway
Richardson, TX 75080
CustomerService@ZodiacWatches.com


LEGAL MESSAGE


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.


PRIVACY SHIELD


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 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 Wearables Corporation 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".


HOW TO CONTACT US


Please address any questions or concerns regarding our Privacy Policy, adherence to Privacy Shield, or our practices concerning Personal Information by:


Writing to: Fossil Group
Attention: Chris King
Chief Compliance Officer
901 S. Central Expressway
Richardson, TX 75080
USA


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 webguy@fossil.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/

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