"Personal Information" is information through which you can be identified. MICHELE only collects Personal Information that you voluntarily provide to us. The Personal Information that MICHELE 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, request a catalog, sign up for a newsletter, and apply for a job, create an account on the Website and proceed through the checkout process on the Website. Personal Information that MICHELE 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.
MICHELE 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 respond to catalog requests, to process your entry in promotions, to process survey results, 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 MICHELE'S employees, agents, representatives, and selected hird party service providers or partners as set forth further below) who will be under an obligation to MICHELE 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.
MICHELE 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 MICHELE with any of these companies. Note: all contracted companies are contractually bound to maintain the confidentiality and security of all Personal Information.
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.
MICHELE may on occasion share a portion of our postal mailing list with other reputable organizations not owned or affiliated with MICHELE. If you do not want your name and address shared with other organizations or you no longer wish to receive MICHELE catalogs, please contact us at 800-522-TIME. You may also contact us via email (please include your exact name and mailing address as shown on your catalog) at service@MICHELE.com.
In addition to the foregoing uses, MICHELE may also disclose Personal Information:
have provided to us or any third parties in the context of other, separately operated, operations or in connection with unrelated products or services.
"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 beans are used in conjunction with cookies to 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.
MICHELE 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 servers 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. MICHELE 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 MICHELE over the Internet. Therefore, MICHELE cannot ensure safety regarding the disclosure or interception of your information before it is received by MICHELE.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA"):
We do not knowingly collect, maintain, or use Personal Information from our Website from 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.
Links to Other Materials
To change the email address you have provided to MICHELE, please email service@MICHELE.com and let our Customer Care agents take care of updating your email address. Other Personal Information collected through MICHELE is not currently accessible to you online. To review your Personal Information, or, if you believe that any Personal Information collected by MICHELE about you is not correct or has changed, please send an e-mail message to service@MICHELE.com explaining the correction or change and provide any relevant confirmation or reference number.
you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from MICHELE or voluntarily
enter into a contest, survey or other promotion being hosted by MICHELE, (b) MICHELE 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
about other persons (however, these persons will have the opportunity to opt-out of receiving promotional materials).
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.
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 MICHELE and/or its affiliates and subsidiaries (collectively, "MICHELE") or other parties that have licensed to or otherwise permitted their material to be used by MICHELE, and are protected by copyright, trademark and other intellectual property laws. MICHELE 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 MICHELE or other third parties. You agree not to display or use such marks without MICHELE'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 MICHELE to you are reserved by MICHELE and/or its licensors.
MICHELE provides a variety of information on its Website, such as information on store locations, distributors, email offers, products, shipping, and the like. MICHELE will use commercially reasonable efforts to provide accurate and updated information. However, MICHELE cannot and does not guarantee the accuracy of such information. Furthermore, MICHELE may provide a Job Opportunities section on the Website for your information. Information, such as title, benefits, status, etc., regarding any positions listed in the Job Opportunities section is informational only and is subject to change without notice. Finally, through its web sites, MICHELE may provide the capability for you to upload and download files from/to your computer. Although MICHELE 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 MICHELE'S
Designated Agent at:
MICHELE Legal Department
901 S. Central Expressway
Richardson, TX 75080
MICHELE Legal Department
901 S. Central Expressway
Richardson, TX 75080
MICHELE maintains this Website for the internet browser to use for: personal use, entertainment, gathering information, education and communication with the company. Material on MICHELE's Website 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 Website for public or commercial purposes is prohibited without the express written consent of MICHELE. Access to and use of this Website is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, the terms and conditions and acknowledge that any other agreements between you and MICHELE are superseded. The trademarks, logos and service marks displayed on the Website are registered and unregistered trademarks of MICHELE and others. Nothing contained herein should be construed as granting any license or right to use any trademark displayed on this Website without the express written consent of MICHELE or the third party that may own the particular trademark displayed on this Website. Any communication or material you transmit to this Website 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 MICHELE and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. MICHELE also asserts the right to use any ideas, concepts, know-how or techniques contained in any communication you send to the Website for any purpose including, but not limited to, developing, manufacturing and marketing products using aforesaid information.
MICHELE will use reasonable efforts to include accurate and up to date information on this Website, but MICHELE makes no representations or warranties as to its accuracy. Neither MICHELE nor any other party involved in creating, producing or delivering the Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of the Website. Without limiting the foregoing, everything on this Website 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. MICHELE 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 Website or your downloading of any materials, data, text, images, audio or video from the Website. MICHELE 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 MICHELE's web site. The linked sites are provided for convenience only and do not imply endorsement or control by MICHELE. Your linking to this web site, off-site pages or other sites is at your own risk and without the consent of MICHELE. MW MICHELE, BLACK WIDOW, COQUETTE, CSX, DECO, MICHELE, MW, the MW logo, the MW MICHELE logo, MW², MW A LIFE LESS ORDINARY logo, MW DECO, THIS SECOND, THIS MOMENT, THIS NOW, TURBINA and URBAN are registered trademarks of MICHELE and HURRICANE and SEASIDE are trademarks of MICHELE. MICHELE actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
We at Fossil Corporation ("Fossil") respect your concerns about privacy and value the relationship we have with you. Fossil has certified that it abides by the Safe Harbor privacy principles, as set forth by the United States Department of Commerce, regarding the collection, storage, transfer, use and other processing of Personal Information (as defined below) transferred to the United States from the European Economic Area ("EEA") and Switzerland. This Policy outlines our general policy and practices for implementing the Safe Harbor privacy principles for Personal Information that we collect online and offline.
FOR PURPOSES OF THIS POLICY:
"Customer" means any individual who is a potential or actual consumer of Fossil or any of its European affiliates.
"Employee" means any current, former or prospective employee of Fossil or any of its European affiliates who is located in the EEA or Switzerland.
"Personal Information" means information that (i) is transferred to the United States from the EEA or Switzerland, (ii) is recorded in any form, (iii) is about, or relates to, an identified or identifiable Customer or Employee, and (iv) can be linked to that individual.
"Sensitive Information" means Personal Information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offence committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
"Sites" means Fossil.com and the other Fossil International websites.
"Stores" means Fossil and Fossil Retail Europe Ltd. stores located in the EEA and Switzerland.
SAFE HARBOR PRIVACY PRINCIPLES
Fossil's practices regarding the collection, storage, transfer, use and other processing of Personal Information comply with the Safe Harbor principles of notice, choice, onward transfer, access, security, data integrity, and enforcement and oversight.
We notify our Customers and Employees located in the EEA and Switzerland about the purposes for which we collect and use Personal Information,
the types of third parties to which we disclose the information (for example, service providers that process Personal Information on our behalf),
certain privacy rights of our Customers and Employees (such as the right to access Personal Information and the choice for limiting the use and
disclosure of the information), and how to contact us about our practices concerning Personal Information.
Employees (including job applicants) who submit Personal Information through our careers site may view our Privacy Notice for details about our Personal Information privacy practices. Employees can find additional information in the Employee Data Protection Policy from local Human Resources representatives.
PURPOSE OF COLLECTION AND USE OF PERSONAL INFORMATION
Fossil and its European affiliates collect Personal Information through their Sites and in their Stores. In addition, Employees submit Personal Information
to Fossil and its European affiliates in connection with the employment relationship.
We process Personal Information about our Customers to:
Customers located in the EEA and Switzerland may direct us not to disclose their Personal Information to third parties
(other than our service providers). We do not use Personal Information for purposes incompatible with the purposes for which we
originally collected the information without notifying the relevant individuals of such uses and offering an opportunity to opt-out.
We may disclose Personal Information without offering individuals an opportunity to opt out (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer Personal Information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use Personal Information you have provided to us in a manner that is consistent with our Privacy Notice.
ONWARD TRANSFER OF PERSONAL INFORMATION
We may share Personal Information with service providers we have retained to perform services on our behalf. We require service providers to whom we disclose Personal Information and who are not subject to laws based on the European Union Data Protection Directive to contractually agree to provide at least the same level of protection for Personal Information as is required by the relevant Safe Harbor principles.
ACCESS TO PERSONAL INFORMATION
Fossil provides Customers and Employees with reasonable access to the Personal Information maintained about them. We also provide a reasonable opportunity, as required by applicable law, to correct, amend or delete that information where it is inaccurate. We may limit or deny access to Personal Information where providing such access is unreasonably burdensome or expensive under the circumstances or as otherwise permitted by the Safe Harbor principles. To obtain access to Personal Information, Customers may contact Fossil as specified in the "How to Contact Us" section of this Policy. Employees should submit requests for access to their Personal Information to their local Human Resources representative.
Fossil maintains reasonable administrative, technical and physical safeguards to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Fossil takes reasonable steps to ensure that Personal Information the company collects is relevant for the purposes for which it is to be used and that the information is reliable for its intended use and is accurate, complete and current. We depend on our Customers and Employees to update and correct their Personal Information whenever necessary.
ENFORCEMENT AND OVERSIGHT
Fossil has established procedures for periodically verifying implementation of and compliance with the Safe Harbor
principles. We conduct an annual self-assessment of our practices with respect to Personal Information to verify that representations
we make about our Personal Information privacy practices are true and that related privacy policies have been implemented as represented.
Customers and Employees may file a complaint with Fossil in connection with the processing of their Personal Information under the Safe Harbor principles. We will also cooperate with the following dispute resolution bodies to address individuals' complaints regarding privacy issues: (i) for Customer complaints, we cooperate with the Direct Marketing Association (DMA) in accordance with its applicable commercial rules; (ii) for complaints concerning our handling of Employee Personal Information, we cooperate with the relevant EU data protection authorities. We will take steps to remedy any issues arising out of a failure to comply with the Safe Harbor principles. Please contact us as specified below to address any complaints regarding our Personal Information practices.
Writing to: Fossil Corporation
Attention: Chris King
Chief Compliance Officer
901 S. Central Expressway
Richardson, TX 75080
Should an individual be unable to resolve a complaint related to Safe Harbor after having contacted Fossil's customer service department (email@example.com) and/or the Chief Compliance Officer above, they may file their complaint with the Direct Marketing Association as indicated below:
Direct Marketing Association
Attn: Safe Harbor Program
1615 L St, NW Ste. 1100
Washington, DC 20036-5624