privacy and security

Fossil Australia PTY Ltd Limited (Australian Business number 44072935614) ("We" or "Us") are committed to protecting and respecting your privacy.

This policy (together with our terms of use and sale and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Fossil (Australia PTY Ltd) 122 - 126 Old Pittwater Road, Brookvale, NSW 2100.

Our nominated representative for the purpose of the Act is Tom Orr.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

  • Information that you provide by filling in forms on our site www.fossil.com.au (our site). This includes information provided at the time of registering to use our site or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with our site.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • Details of transactions you carry out through our site and of the fulfilment of your orders.
  • Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that you access.
By signing to receive exclusive e-mail offers from Fossil, you are consenting to the:
  • Collection and retention by Fossil Australia Pty Limited of the personal information provided above pursuant to the Privacy Act 1988 (Cth) and Fossil Australia's Privacy Policy.
  • Transfer of personal information to Fossil Retail Stores (Australia) Pty Limited, to Fossil Australia's parent company and any related entity for a secondary purpose to the purpose the personal information has been provided.
  • Receiving of email communications, pursuant of The Spam Act, from Fossil (Australia) Pty Limited and any of its subsidiary or parent companies sent for the purpose of offering, advertising, promoting goods or services.

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

  • To estimate our audience size and usage pattern.
  • To store information about your preferences, and so allow us to customise our site according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Please note that our advertisers may also use cookies, over which we have no control.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside Australia. It may also be processed by staff operating outside Australia who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you, and we or they may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form).

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in NSW 2021). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Fossil (Australia PTY LTD) Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and sale and other agreements; or to protect the rights, property, or safety of Fossil (Australia PTY LTD) Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at customercare.au@fossil.com.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of AU$20 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to customercare.au@fossil.com.


SAFE HARBOR PRIVACY POLICY

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.

NOTICE

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:

  • i. process transactions they request,
  • ii. improve our Stores, Sites, Customers shopping experience and quality of service,
  • iii. send communications about our products, services and promotions,
  • iv. prevent and detect fraud and abuse,
  • v. process information or claims in connection with incidents at our Stores,
  • vi. enable our service providers to perform certain activities on our behalf, and
  • vii. comply with our legal obligations, policies and procedures and for internal administrative and analytics purposes.

We process Personal Information about our Employees to:

  • i. carry out and support our human resources functions and activities,
  • ii. carry out our obligations under employments contracts and employment and benefits laws,
  • iii. administer employee participation in benefits, compensation and human resources plans and programs,
  • iv. manage employee performance,
  • v. implement compliance and discipline procedures, and investigate and report on Employee compliance and discipline, and
  • vi. comply with our legal obligations, carry out investigations and for internal administrative and analytics purposes.

We process Sensitive Information about our Employees to the extent necessary or appropriate for compliance with relevant legal or contractual obligations, including managing attendance and Employee records, and organizing elections of Employees' union representatives.

CHOICE

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.

SECURITY

Fossil maintains reasonable administrative, technical and physical safeguards to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

DATA INTEGRITY

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.

HOW TO CONTACT US

Please address any questions or concerns regarding our Safe Harbor Privacy Policy or our practices concerning Personal Information by:

Writing to:

Fossil Corporation
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 Safe Harbor after having contacted Fossil's customer service department (webguy@fossil.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

safeharbor@the-dma.org
http://www.dmaresponsibility.org/SafeHarbor/consumers.shtml