DIESELON APP PRIVACY POLICY

A. What is this Privacy Policy about?


At Fossil Group, Inc., ("Fossil", "we" or “us”) (licensee of Diesel S.p.A. for DIESELON branded wearable devices) we value and protect your privacy rights. This Privacy Policy describes:

- what Personal Information we collect from the DieselOn App and DieselOn Device, and the purposes for which we use it

- what Personal Information we transfer to third parties and

- what rights you have and how you can execute such rights.


Personal Information is information through which you can be directly or indirectly identified, e.g. your name, email address or the activities that we collect via the DieselOn App or DieselOn Device.


Please note that this Privacy Policy only applies to the DieselOn App and the DieselOn Device after you have activated it using the DieselOn App. If you purchased the DieselOn Device on a website, a different policy applies to that purchase transaction which you can access via that website.


This Privacy Policy only applies to DieselOn Devices that can be paired with the DieselOn App.


B. What Personal Information do we collect and what do we use it for?

We do not store all of your activities which take place on the DieselOn App or the DieselOn Device. For example, we do not save or store which DieselOn Notifications (events sent as alerts to your device) you choose to receive, or the content of any DieselOn Notifications; nor do we store your contacts. You can at any time stop transfer of data from the DieselOn Device to the DieselOn App by disabling the Bluetooth connection; however, in this case the functionalities described below will not work.

The Personal Information that we collect and the purposes for which we use it are (please note that availability of functionality may vary, depending on your DieselOn Device):

Sign-up for an Account (account data)

When you sign up for an account, we will collect a first and last name, email address, date of birth, gender, information about the DieselOn Device you pair your DieselOn App with and your password to create and manage your account. We will also collect this information when you sign-up using a social media log in, such as Facebook or Google+. We do not collect or store your social media login information if you sign up using a social media log in.


Activity and sleep data


We collect the calculated number of steps you have taken, calories burned, your mode of movement (e.g. running or walking), travelled distance (but no correlated location data), time zone, your goals for the day (if any) and whether you achieved them. In order to enable us to calculate calories burned we also ask you to enter your height and weight.


On some DieselOn Devices we collect sleep start time, sleep end time, time you go to bed and the time you wake up. We also collect details of sleep such as when light sleep and when restful sleep occur to show you data and insights about your sleeping patterns.


- Certain DieselOn activity and sleep data might be regarded as "health related data" in certain jurisdictions. We therefore ask for your consent to collect such data when you sign-up.

Notifications

All activities connected to Notifications solely take place on your DieselOn Device and the DieselOn App. We track that a Notification occurred.


DieselOn LINK

On some DieselOn Devices you can use the DieselOn LINK feature that enables you, with a tap on the DieselOn Device, to use certain functionalities as selected by you such as to play music, ring your phone, or take a photo. We store your settings for this but do not track when you use the DieselOn LINK function.

Location information

The DieselOn App may collect your location from the GPS data contained on the device on which you installed the DieselOn App (e.g., your smartphone) and store it to assist you in locating the DieselOn Device. Location information will not be collected unless you consent, and you can update the DieselOn App’s settings to turn off location collection.
Google Analytics

We use Google Analytics to track and examine how our DieselOn App is used and how we may improve it. Google Analytics is a web analysis service provided by Google Inc., located in the USA. Google Analytics anonymizes your IP address by removing the last octet (eight bit characters) of the IP address prior to its storage. We do not connect data from Google Analytics with any of your Personal Information. You can opt-out from our collection of data by Google Analytics at any time in the DieselOn App's settings.

Other analytics


We may aggregate and de-identify data (so that the data is not associated with an individual’s name or other personally identifiable information) collected through the DieselOn App and DieselOn Device and use it for a variety of analytic purposes, such as determining the average daily steps taken by DieselOn App users, analyzing fitness trends or obtaining information to improve our products and services.


Emails and other communications

We may send push notifications to provide you with alerts about updates for the DieselOn Device or the DieselOn App unless you opted out from such push notifications (which you can do in the DieselOn App's settings).

We will send you emails connected to the administration of your account, such as a welcome email when you create your account, a confirmation email if you delete your account, emails if you forgot your password and need assistance changing it, or a reminder that your Account may be deactivated after a period of inactivity.


C. Can you share your Personal Information?

The DieselOn App allows you to share Personal Information on social networks or transfer Personal Information to other apps. For example, you may share your contributions on social networks such as Instagram or Facebook or you can share your activity data (except sleep data) with other third party activity apps. In these instances you are taking action within the DieselOn App to share this data and by doing so are agreeing to the data being shared and to the privacy policies of the third party apps and websites through which you share the data.

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 party apps and their providers.


D. When do we share Personal Information?

We may share your Personal Information (a) in order to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process, including requests to meet national security or law enforcement requirements; (b) in order to protect and defend the rights or property of us or third parties, including terms of use; or (c) in an emergency, in order to protect the safety of our employees or any person.


We may use and share Personal Information, including information considered personal health information, for the proper management of our company and to otherwise carry out our legal responsibilities.


Although we do not recognize automated browser signals regarding tracking mechanisms at this time, we do not share your Personal Information for online behavioral advertising.


Additionally, on a case by case basis, in the event that we or substantially all of our assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, your data, including Personal Information, may be part of the transferred assets.

Where required by applicable law or the Privacy Shield Principles we will inform you about, and allow you to opt-out from, the transfer of your Personal Information.


Sharing within Fossil

We may share your Personal Information within Fossil, including its related companies. Your Personal Information may be combined with or connected to other Personal Information that Fossil companies have obtained about you through the purchase of the DieselOn Device or other Diesel devices or watches (e.g. purchase details for your DieselOn Device, warranty interventions, after sales matters).


Sharing with subcontractors and service providers

We involve other companies for the provision of services to you or hosting Personal Information. These companies are only permitted to use Personal Information on our behalf, may not use such data for their own purposes except as permitted by law and are required to provide data security for the protection of 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. Provided your Personal Information is subject to the Privacy Shield, we will remain liable that processing of Personal Information by service providers or subcontractors is consistent with our instructions unless we are not responsible for such inconsistent processing.


Sharing of information with business associates

We may enter into business agreements with third parties who are subject to health-related laws and regulations (e.g., the Health Insurance Portability and Accountability Act of 1996, as amended), such as health insurers and companies with employee wellness programs, to provide services related to the DieselOn Devices. We may share Personal Information, including information considered personal health information, with these entities pursuant to our agreements with them.


Sharing de-identified information with third parties

We may share aggregated and de-identified data (which is not associated with an individual’s name or other personally identifiable information) collected through the DieselOn App with third parties for any lawful purpose.

Even though we don’t use Personal Information collected from the DieselOn App for marketing purposes, we may still use and share Personal Information for non-marketing purposes as described in this Section D.


E. Children's online privacy protection

We do not knowingly collect, maintain, or use Personal Information via the DieselOn App about children under the age of 14. Persons under the age of 14 may not use DieselOn App and their request for accounts will be denied. If we become aware that a child under the age of 14 has sent Personal Information to us without prior parental consent, we will remove his or her Personal Information from our files.

F. How long do we store and how do we secure Personal Information?

We will retain your Personal Information as long as necessary to provide you with DieselOn App and DieselOn Device functionality and services but in any event only as long as your account is active. When you delete your account or we disable it after a time of inactivity and notification from us, we will also delete your Personal Information from our systems (excluding any information we have de-identified). However, we may keep some of your Personal Information for legal reasons.

Safeguarding the confidentiality of your Personal Information is important to us. We take reasonable steps to protect the confidentiality, integrity, and availability of your data (e.g. by encrypting data that is exchanged between the DieselOn Device and the DieselOn App while in transit).


G. What are your rights?

You may request (i) information regarding which Personal Information we hold about you, (ii) a correction where information is incorrect or a deletion of your Personal Information, unless we keep it for legal reasons and (iii) information as to whom we share your Personal Information with.
We encourage you to address any inquires or concerns you may have regarding our use of your Personal Information by using the contact details provided in Section J.  
If your Personal Information is subject to the Privacy Shield, you can also address your concerns regarding the use of your Personal Information to the Direct Marketing Association (DMA) free of charge.  DMA contact information:

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 their Privacy Shield program visit: www.thedma.org/privacy-shield-safe-harbor-for-consumers/


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.


H. Your California Privacy Rights

California law requires certain businesses to respond to requests from California residents asking about the disclosure of Personal Information to third parties for marketing purposes. Alternatively, such businesses may adopt a policy of not disclosing Personal Information to third parties for marketing purposes if a California resident opts-out. We are not disclosing Personal Information to third parties for marketing purposes.

I. Privacy Shield

As Fossil Group, Inc. is a US based company, Personal Information will be primarily stored in the United States. In order to provide an adequate level of protection according to EU laws, Fossil 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 EEA member countries. Fossil has certified 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 U.S. Department of Commerce’s Privacy Shield certification list located at https://www.privacyshield.gov/list Fossil Group’s subsidiaries, including Fossil Partners, LP and Misfit, Inc., 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 “What are your rights?”


J. Who we are and how to contact us


This DieselOn App is provided to you by Fossil Group, Inc., 901 S. Central Expy, Richardson, TX 75080, USA. If you have any questions regarding privacy in connection with the DieselOn App, please contact us via email at CorporateCompliance@fossil.com . You can also contact us via mail:

Fossil
Attention: Chris King, Chief Compliance & Risk Officer
901 S. Central Expressway
Richardson, TX 75080, USA


K. Data Storage in the US

As Fossil Group, Inc. is a US based company, Personal Information will be primarily stored in the United States. By providing Personal Information to us, to the maximum extent permitted by applicable law, you acknowledge that we collect, maintain, process and transfer such information in and to the United States and other countries and territories, pursuant to the laws of the United States or such other jurisdictions, which may provide lesser privacy protections than EEA countries, and, to the maximum extent permitted by applicable law, you acknowledge that your information may thus be subject to U.S. and foreign laws and accessible to U.S. and foreign governments, courts, law enforcement and regulatory agencies.

L. Changes to this Privacy Policy


This Privacy Policy is effective as of September 25, 2016 and may be updated from time to time. We will notify you of material changes to our Privacy Policy by posting a prominent notice in the DieselOn App or by sending you an email or a notification in which we may also seek your consent. If your Personal Data is subject to the Privacy Shield and if Fossil decides to use your Personal Information for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized by you, we will notify you and, in the case of health related information, ask for your consent; or in all other cases, provide you with the opportunity to opt-out of our use of your Personal Information for that purpose.