FOSSIL SOUTH AFRICA PRIVACY POLICY

Last updated on February 3, 2021

At Fossil Group, Inc., its affiliates and subsidiaries (collectively “Fossil”, “Fossil Group”, “we”, “us” or “our”) we value your data protection rights. To find out which entity is responsible for the data processing in your case please refer to section 11 below. In this Global Privacy Policy we provide you with both a brief summary and an in-depth explanation (starting with section 1. below) of how we handle Personal Information. Since our privacy practices may vary among the countries in which we operate to reflect global practices and legal requirements, country-specific variations will be noted below.

This Privacy Policy describes:

  • Personal Information we collect in our stores, 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 handle your job application.
  • Personal Information we transfer to third parties.
  • Rights you have and how you can execute such rights.

“Personal Information” is information that can be used either directly or indirectly to identify you. Examples of Personal Information include your name, your email address and the items you purchased.

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 App(s) for privacy information related to our wearable apps and devices.

Service Provision

We and our service providers process personal data related to you in order to provide you with the full range of services and features we offer. This includes data necessary to set up a customer account and data required to receive products and services, unless you opt-out..

Marketing

We may use your data for marketing purposes to provide you with personalized offers about our products and services, unless you opt-out.

Recipients

We and our service providers access your data in order to provide services to you as described in this Privacy Notice.

Location of your data

Data we use will be primarily stored in South Africa with us and our cloud service providers.

Price and Payment

The price of any Products (which includes VAT) will be the price indicated on the order pages when you placed your order.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly described, pictured or priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will contact you for instructions before we accept your order.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation email. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.

Payment for all Products must be by credit or debit card, or by PayPal. We will charge your account once the Products are dispatched. If at the time of dispatch any Product(s) are out of stock, we will refund you the price of that out of stock Product(s).

1. What personal data do we use, for which purposes and on which legal basis?

In order to provide you with our services and the full range of features, we and our service providers use your data (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 order goods to be picked-up in one of our stores, we need contact details such as name and email address of a pick up person other than you.
  • 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 a product or wish list via our homepage to a friend or when you provide us with the contact details of a friend we will use it only to process your request.
  • When you share any pictures/materials with us for publication on social media for such publication.
  • When you enter a contest/competition, or promotion sponsored by us to administer 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 this.
  • When you contact us to answer your requests, provide customer support and handle your inquiry.

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,
  • once we do not have any business purpose for retaining the data anymore

In addition to those just described, we want to explain certain of our processing activities to you in more detail:

1.1 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 certain types of direct marketing methods (e.g. text messaging), 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).
  • use information collected when you request an e-receipt in our stores or fill out an onboarding form.

1.2 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 match those cookies within our internal database.

1.3 Log files, Cookies and similar technologies

Every time you visit our website, our system stores data 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 one you visit following links on our website. We use this information for our legitimate security interest and we delete log files without undue delay.

We use Cookies and similar technologies such as pixel tags. Cookies are small files stored on your computer's hard drive to help store preferences and other information. Pixel tags, also known as web beacons, are invisible image files, which can be contained in web pages or emails, and which request information about your computer, such as e.g. your browser settings, operating system, screen resolution etc. We are processing data collected through Cookies and other similar technologies to provide a website with special functionalities, optimizing it, ensuring the security of our IT, and also for marketing campaigns.

1.4 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 publish and use this information on our and third party websites. We do not control and do not assume responsibility for the use of information by such third party websites.

Please also note that you must own the intellectual property rights in the content you upload to our website and share with us and must not violate the rights of others (e.g. intellectual property or data protection rights). In uploading, you grant us, and our respective service providers, a royalty-free, unrestricted, non-exclusive, perpetual, irrevocable, sub-licensable, transferable and worldwide license to use, edit, copy, adapt, translate, publish, display, make available, communicate and distribute the content partially or in whole, and to incorporate it in other works for any purposes such as advertising, marketing and promotions and in any form, media or technology known today or later developed.

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 data 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, 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.

3. The Protection of Personal Information Act

The Protection of Personal Information Act (POPI) is aimed to protect your Personal Information as prescribes what we can and cannot do with that information. Under POPI, an Information Regulator must be created. The Information Regulator ensures that we manage your personal information responsibly and respectfully.

4. Other Legislation

There is further legislation which may also apply to your Personal Information, such as in an instance where you may apply for a credit card or a store card. In such an instance, the National Credit Act and the Financial Intelligence Centre Act will be applicable. As a result, we need to comply with such legislation and process your information in a certain wait and store such information for a certain period.

5. When do we share Personal Information?

We will share your Personal Information in the following cases:

5.1 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,
  • in an emergency, in order to protect the safety of our employees or any person.

5.2 Joint processing within Fossil Group

Your information will be combined with other Personal Information that Fossil Group companies have obtained about you (e.g. wearable data, goods you have purchased on a company website or from a store, repair transactions). We will also make your data available to Fossil Group companies 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 data processing related to its own business operations and will remain responsible for the personal data 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 data and answering your requests. If you are not sure about the entity responsible in your case please contact [email protected].

5.3 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 data being shared and the shared data 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.

5.4 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, email address but may contain browser-related information.

5.5 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 share the information contained in your wish list with your friends and family as instructed by you or make it public on our Website in case you enable this function. Wish lists made public can be found by searching for your name or email address on our websites.

5.6 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.

As follows a list of categories of recipients together with the respective purposes:

  • to enable the functionality of our online application portals (e.g. IBM);
  • to provide customer care services;
  • providing hosting and general IT services (e.g. Amazon Web Services and Google);
  • for functional, social, analytical technologies and technologies enabling behavioral marketing;
  • for social media services (e.g. Facebook or Google);
  • providing payment services;
  • for transport and logistics services (e.g. DHL, Ram, Fast + Furious and FedEx);
  • for direct marketing campaigns (e.g. Google, Facebook);
  • to administer contests and competitions.

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.

6. 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 by law. Examples include 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).

7. What are your rights?

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 up to ninety (90) days for your opt-out choices to be fully effective. To exercise your opt-out rights, please contact us at [email protected].

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

9. What happens if we Change this Privacy Notice?

This Privacy Notice is effective as of February 3rd, 2021 and may be updated from time to time. We will notify you of material changes by posting a prominent notice on our website or by sending you an email.

10. Links to and from other websites

Whenever we provide links to other websites on our website, this is in the interest of our users and should be understood as a courtesy. Pages to which we link and pages that link to our websites are not under our control. In such cases we are neither responsible for the content of these pages nor for compliance with the applicable data protection regulations of those providers. We recommend that you carefully read the privacy statements of these third parties to learn how your Personal Information is stored, used or shared.

11. Who are we and how can you contact us?

Please address any questions, concerns, inquiries, complaints, or requests regarding our practices concerning Personal Information to Fossil at:

Telephone Number: +1 (800) 449-3056

Fossil Group Attention: Compliance Manager 901 S. Central Expressway Richardson, TX 75080, USA

You can also get in touch with our data protection team and the responsible data protection officer we designated in every case required by law per email using [email protected].

This website is provided by Fossil Accessories South Africa (PTY) Ltd, Unit 1, 48 Neptune Street, Paarden Eiland, 7405 South Africa, T.: +27 (0) 214180045, e-mail: [email protected]