Legal and Privacy

WEBSITE PRIVACY AND SECURITY

PRIVACY POLICY

This Privacy Policy was updated on August 28, 2017.

At Fossil Group, Inc. ("Fossil", "we" or “us”), owner of the Skagen brand, we respect and protect your privacy rights. This Privacy Policy describes:

·       Personal Information we collect in our stores, our websites, or by any of our service providers, and the purposes for which we use it,

·       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 items you purchased (provided we can connect them to your email/customer account).

By using this website or our products and services, you consent to our collection, use and disclosure of your Personal Information as set out in this Privacy Policy.

Please note that this Privacy Policy DOES NOT apply to 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 technology apps and devices.

WHEN WE COLLECT PERSONAL INFORMATION

We receive Personal Information from or about you depending on the nature of your activities, especially in the following cases (as applicable):

·       Website Sign-up/Registering:  We store the information that you provide to us when you create an account at one of our websites (including email, name, date of birth and additional information you may voluntarily provide us such as your general interests or when you create a wish list). We will also collect this information when you sign-up using a social media log in, such as via Facebook or Google+. We do not collect or store your social media password information if you sign up using a social media log in.

·       Electronic Receipt Registration:  You give us your name and email address in our stores to receive an electronic receipt for your purchase.

·       Transactions:  We collect details of your purchases, if you join one of our loyalty programs (if offered for brand), elect to receive an electronic receipt (date, price and products purchased), when you return or exchange a product or when you send us your product for warranty or repair service and any communication in connection with this.

·       Visiting our Website/Using Emails:  We store details of your visits to websites (such as pages visited, browser details, your IP address) and your interactions with any emails that we send to you. For more information, see our Cookies Section. We also collect information you share via our website, such as to request marketing materials, obtain a lost password, or to write an online review of our products.

·       Sweepstakes, Contest, or Promotion Registration:  You provide your name and contact information to enter a sweepstakes, contest/competition, or promotion sponsored by us.

·       Social Media Sharing:  You share any pictures/materials with us for publication on social media.

·       Referral Programs:  When you refer or invite friends, family or others to participate in promotions, contests, competitions, or other referral programs we may offer, we collect the contact information that you share about these individuals.

·       Other Sources:  We may receive Personal Information about you from other sources, examples include when you take online surveys or through service providers who enhance our marketing data. We may also obtain information about you from other companies related to our brands (such as from purchases at Fossil Group owned stores, websites, transaction data, or marketing information). In each of these cases we may add this information to the information we have already collected from you in order to improve the products and services we provide.

HOW WE USE PERSONAL INFORMATION

·       Transactions/Provision of Services:

o   Transactions:  We use your Personal Information to process your purchases, send you confirmations or electronic receipts (if you requested this), screen transactions for fraudulent behavior, and handle any returns, exchanges or repairs to your products, to respond to customer service requests, and for any related communications.

o   Administer Websites:  We use your Personal Information to administer your website accounts such as to enable you to access your shopping bag, to see products you purchased from us, products you saved for later, products you registered (which may earn you rewards to redeem at stores), or to show you other products that may interest you. We also may use your Personal Information to provide other services, such as to process catalog requests, verify your identity in the event you lose your password, process your product reviews, to process email marketing requests, or to provide you with promotional offers.

o   Customer Loyalty Program:  When you enter one of our brand loyalty programs we process personal data such as your purchases to determine and provide you with loyalty rewards.

o   Referral Programs:  When you refer products or promotions to other persons we use such data to provide you with discounts/special offers we specified for such a referral. We can also collect the number of referrals and the purchases brokered by your referrals to determine if you are eligible for further discounts/special offers in accordance with the terms and use of our referral program. We may send an email or communication to the referral’s provided contact information, but we do not permanently store their information for future marketing purposes unless we obtain the referred party’s consent.

o   Sweepstakes or Contest:  When you enter a sweepstake, contest, or competition we sponsor, we process your Personal Information to enable your participation.

·       Analytics:  We may store details of your visits to our websites and your electronic interactions with any emails that we send to you ("Usage Data") under a pseudonym (i.e. not under your name but under an ID number), including the pages you visited and services you used. We use such Usage Data to help us learn more about our users’ shopping preferences, to be able to tailor our offers and websites according to your interests and preferences, to help us address problems with and improve our site design, products, and services, to analyze trends and statistics, and to present content in the clearest and most friendly manner for you.

·       Marketing:  We may contact you for direct marketing purposes per email, 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. We may use your Personal Information for other marketing and market research purposes to learn more about our customers and users.

·       Securing our assets:  We may also use Personal Information to protect the security or integrity of our websites and our business.

·       Other:  We may use and collect Personal Information for any purpose associated with or related to the above purposes.

USE OF PERSONAL INFORMATION FOR MARKETING PURPOSES

As indicated above, we may use your Personal Information for marketing and market research purposes to learn more about our customers and users as well as for direct marketing purposes. We will only contact you for direct marketing purposes in accordance with applicable laws.

You may opt-out of our use of your Personal Information for marketing, market research, or direct marketing purposes at any time by sending an email to CorporateCompliance@fossil.com.

COOKIES AND OTHER TECHNOLOGIES

We are using cookies and other technologies like pixel tags for purposes described below. Cookies are small files which are sent from the website and then stored on the hard drive of your device. Pixel tags, also called web beacons are clear image (i.e. non-visible) files that may be placed on a website or in an email, and request information from your device such as your browser type (also referred to as "Cookies").

We may permit third parties to collect user Personal Information over time or across third-party websites, and we may permit third parties to gather Personal Information passively on our websites for behavioral advertising purposes.

You can control many tracking tools, including cookies, from your browser. In particular, you may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our websites.

Additionally, some Internet browsers have a ‘do not track’ feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are currently not set up to respond to such signals.

TYPES OF COOKIES

We use session Cookies that expire at the end of a browser session (from when a user opens the browser window to when they exit the browser) and persistent Cookies which remain on your hard drive until you erase them or they expire. How long a persistent Cookie remains on your browser depends on how long the visited website has programmed the Cookie to last or they can be stored for longer.

We use Cookies for different purposes, which can be categorized as follows:

·       Functional Cookies: These Cookies are required for the website to function and for you to use our services. They include, for example, Cookies that enable you to log in, use a wish list or store products in a shopping cart. They may also enable us to recognize you when you return to our site and store information about your preferences, so they allow us to customize our site according to your individual preferences (such as the language chosen by you).

·       Analytical Cookies: These Cookies analyze how users navigate around the website (pages visited, links used etc.) or how they use emails we’ve sent to them. They enable us to better understand interests of users and to improve our website and services.

o   Google Analytics:  This Website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). The information generated by the cookie is usually sent to a Google server in the USA. On our behalf, Google will use this information to evaluate your use of the website and to compile reports on website activities. The IP address transmitted by your browser is not collated with other data by Google.

You can learn more about Google Analytics here:

www.google.com/policies/privacy/partners/

You can prevent transmission of data relating to your use of the Website (including your IP address) to Google by downloading and installing the browser plug-in available at the following link:

http://tools.google.com/dlpage/gaoptout?hl=en.

 

o   ClickTale & Adobe Analytics:  We are also using ClickTale and Adobe Analytics to obtain details about the usage of our website. In order to do so both services – just like Google Analytics – are tracking your activities using cookies.

You may disable the ClickTale service at the following link:

http://www.clicktale.net/disable.html,

You may disable Adobe Analytics using the following link:

http://www.adobe.com/privacy/opt-out.html

·       Third party advertising: We use third-party service providers to display advertisements (banners or links) on our behalf across the internet. These advertising service providers may collect information about your visits to our website and your interactions 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.

Currently, we use cookies from the following advertising delivery partners:

o    Criteo SA: Their privacy policy can be accessed by visiting their website at the following link: http://www.criteo.com/privacy/. Each banner will include a link to Criteo’s Privacy Policy page that will include information on how to disable Criteo service. Criteo also creates a unique code (a "hash") from your email address if you log in on our website to be able to identify users across various devices.

o    Google: You can find more information about Goggle's re-marketing practices by clicking on this link: http://www.google.com/policies/technologies/ads/. If you want to prevent Google from setting cookies and collecting data for behavioral advertising, you may deactivate this setting by visiting this page.

o   Facebook: Through the use of the Facebook Pixel integrated on certain pages of our website, we are able to measure the effectiveness of our Facebook marketing campaigns (conversion tracking) and to create custom audiences of users who have visited our website. We will use those custom audiences to improve the targeting of our Facebook campaigns. The Pixel is sending “Event Data” to Facebook to permit Facebook to track - on our behalf - the way visitors use our website.

o   Opt-out: You can opt-out from this by using the following links about online advertising:

§  Digital Advertising Alliance in the US – http://youradchoices.ca/choices

§  Digital Advertising Alliance of Canada in Canada – http://www.youronlinechoices.com

§  European Interactive Digital Advertising Alliance in Europe – http://www.youronlinechoices.com

DISCLOSURE/SHARING OF PERSONAL INFORMATION

·      We may disclose or share your data with other companies for the purposes described in this Policy. These other companies might be members of Fossil Group (e.g. subsidiaries) or other third party providers, which may be based in other jurisdictions than your country of residence.

·      Third party providers perform various and different services, like a shipping company that delivers a package, a payment service provider that enables us to manage multichannel payment transactions, or a company that helps facilitate our direct marketing communications. In these instances, we will need to share your Personal Information with these companies. Further examples of other services are online surveys, credit checks, and supporting and maintaining our IT infrastructure.

·      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.

·      Any Personal Information that you include in the text of a product review (if applicable to brand/website) may be made public in the product review section of the Website.

·      The information contained in your wish list (if applicable to brand/website) may be shared with the friends and family that you instruct us to share it with.

·      We may share your Personal Information where necessary in order to comply with any legal obligation, legal requests by public authorities, including requests to meet national security or law enforcement requirements, to protect and defend us, our subsidiaries and affiliates and all of our officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim or dispute or in order to enforce or apply our terms of use and sale and other agreements.

·      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 offered by them. We may also occasionally share your Personal Information with organizations that combine the Personal Information with publicly available information and information we receive from or cross-reference with our marketing partners and other third parties. We use that combined information to enhance your shopping experience with us, to communicate with you about our products, to inform you of events that may be of interest to you, and for other promotional purposes.

·      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, 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.

·      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 is subject to the privacy policies of the third parties. 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.

·      We may disclose aggregated, non-personal information about website users without restriction.

RETENTION PERIOD

We will keep your Personal Information for as long as necessary for the purposes described above or as long as we are required by law. After this your Personal Information will be deleted. We cannot remove your Personal Information when there is a legal storage requirement, such as accounting rules or when there are other legal grounds to keep the data, such as an ongoing contractual relationship.

SECURITY

The security of your Personal Information is important to us. Accordingly, while no set of privacy and security standards or safeguards is 100% secure, we take steps to ensure any information that you share with us is kept secure and strictly confidential in accordance with this policy. We take various precautions to protect information from loss, misuse and unauthorized access, collection, use, disclosure, copying, modification, alteration, destruction or similar risks.

LINKS TO OTHER MATERIALS

If you are offered a link to connect to a third-party website, it is for the convenience of our website visitors. Sites linked to and from this website are not necessarily under the control of us and we have no responsibility for the content or privacy practices of any such linked site or service. We recommend that you read the privacy policies of those third parties to see how your information is handled.

CALIFORNIA RESIDENTS

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 have an opt-out policy.

Fossil provides you with a cost-free means to opt-out of such sharing, if you do not want Fossil to disclose information to other companies for their marketing purposes, please follow the opt-out procedures set forth below.

You may also send an email to CorporateCompliance@fossil.com instructing us to no longer share your personal information with third parties who will use it for direct marketing purposes. Please also include your name and all of the postal addresses and email addresses that you have provided to us.

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 for direct marketing purposes, such as correspondence from us about our products and promotions or the sharing by us of your Personal Information with select third parties for their direct marketing purposes.

You may opt-out by sending an email to CorporateCompliance@fossil.com, calling 1 (800) 449-3056 or use any other options we may offer. Your opt-out choices do not apply to (i) any communication which is not promotional in nature, (ii) sharing and use by Fossil of your Personal Information with service providers used by Fossil to enhance your experience on our websites and (iii) to allow Fossil to provide you with more personalized advertising across the internet.

If you do not exercise your opt-out or "do not share" choices upon registration on one of our websites, it may take up to ninety (90) days for your opt-out choices to be fully effective.

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.

ACCESS TO AND YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

As applicable, our websites give 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. For any inquiries please contact us at CorporateCompliance@fossil.com or our help desk under 1 (800) 449-3056.

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

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 Group, Inc., complies with the EU-U.S. Privacy Shield Framework and the Swiss-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 the European Union and Switzerland to the United States, respectively. 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). If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view Fossil's certification, please visit https://www.privacyshield.gov/welcome https://www.privacyshield.gov/welcomeTo 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 https://www.privacyshield.gov/list. Fossil Group’s subsidiaries, including Fossil Partners, LP, also adhere to the Privacy Shield Principles.

If your Personal Information is subject to the Privacy Shield, and you do not believe Fossil has adequately addressed your privacy concerns, you can also address your concerns regarding the use of your Personal Information to the DMA free of charge.

DMA contact information:

DMA

Privacy Shield

1333 Broadway, Suite #301

New York, NY 10018

To file a complaint/inquiry: https://thedma.org/resources/consumer-resources/privacyshield-consumers/

For information about the DMA and their Privacy Shield program visit:  https://thedma.org/resources/consumer-resources/privacyshield-consumers/

WEBSITE LOCATION

The Site is operated by Fossil in the United States, and 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. federal and Texas state law and other foreign laws and accessible to U.S. and foreign governments, courts, law enforcement and regulatory agencies.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy was updated on August 28, 2017. Any changes we may make to our Privacy Policy in the future will be posted on this page and, when appropriate, notified to you by email.

HOW TO CONTACT US

Please address any questions or concerns, inquiries, complaints, requests to access or correct your Personal Information, or requests to limit the processing of your Personal Information regarding our Privacy Program or our practices concerning Personal Information to Fossil at:

Telephone Number: 1 (800) 449-3056

Email Address: CorporateCompliance@fossil.com

You can also contact us via mail:

Fossil Group

Attention: Chris King, Chief Compliance & Risk Officer

901 S. Central Expressway

Richardson, TX 75080, USA

TERMS OF USE

GENERAL

Welcome to Skagen.com. The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these "Terms of Use"), govern your access to and use of www.Skagen.com, including any content, functionality and services offered on or through this website (the "Site").

Please read the Terms of Use carefully before you start to use the Site. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site.

SITE TRANSACTIONS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SITE USAGE POLICY

(A) SECURITY

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

1.     Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;

2.     Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;

3.     Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;

4.     Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

5.     Sending unsolicited email, including promotions and/or advertising of products or services;

6.     Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or

7.     Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

(B) GENERAL RULES

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

(C) VIOLATIONS

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, "look and feel", layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the "Contents") whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by Fossil Group, Inc., owner of the Skagen Brand, and/or its parents, subsidiaries and affiliates (collectively, "Skagen") or other parties that have licensed to or otherwise permitted their material to be used by Skagen. The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by Skagen or used with permission. Skagen.com, Skagen, the Skagen logos, and all other trademarks appearing on this Site are trademarks of Skagen or are licensed or used with permission of the owner by Skagen. You agree not to display or use such trademarks without Skagen’s prior written permission. Skagen disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may share content from the Site with the use of the social media links (i.e. “Share:” “Pin It” and “Tweet”) provided on our Site.  You may also share content from the Site via email through the use of our Email a Friend link.  You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software without the prior written consent of Skagen or the owner of such material. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of Skagen or the owner of such material. All rights not expressly granted herein by Skagen to you are reserved by Skagen and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

PRODUCT INFORMATION

Skagen's products displayed on the Site may also be available in select department and/or company-owned stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Skagen makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location. Any prices displayed on the Site are quoted in U.S. Dollars.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Skagen on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Skagen’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Skagen of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Skagen is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

YOUR PRIVACY RIGHTS

If you elect to provide Skagen with your email address and check the box to receive email offers, You agree that Skagen may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Skagen's products or services, or for such other purpose(s) as Skagen deems appropriate. All information we collect on this Site is subject to our Privacy Policy found on this website. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Please send any concerns regarding our products or services by clicking here.

INDEMNIFICATION

You agree to defend, indemnify and hold Skagen harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from: (i) your use of and access of the Skagen.com website; (ii) your violation of any term of these Terms & Conditions of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Skagen.com website caused damage to a third party.

LINKS TO OTHER WEB SITES

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Skagen does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Skagen makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by Skagen. Your linking to this web site, off-site pages or other sites is at your own risk and without the consent of Skagen.

DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKAGEN ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL SKAGEN OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SKAGEN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION AND SERVICE AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKAGEN IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

INACCURACY DISCLAIMER

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, availability, shipping, store locations and job postings. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

Skagen will use commercially reasonable efforts to provide accurate and updated information. However, Skagen cannot and does not guarantee the accuracy of such information. Finally, through the Site, Skagen provides the capability for you to upload and download files from/to your computer. Although Skagen takes the security precautions outlined in the Terms of Use and Privacy Policy, there can be no guarantee that files you download from the Site will be corruption free, will not be intercepted by pirates, or will meet your needs and expectations.

DISCLAIMERS OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKAGEN MAKES NO REPRESENTATION OR WARRANTIES AS TO ACCURACY. ALL INFORMATION AND MATERIALS AVAILABLE ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, SKAGEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO YOUR USE OF THIS SITE. THE SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. SKAGEN DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

JURISDICTION

Unless otherwise specified and except to the extent Skagen’s products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Skagen’s products and services available in the United States and select foreign markets. This Site is controlled and operated by Skagen from its offices in Richardson, Texas. Skagen makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of Texas.

PATENT NOTICE

Certain activities provided via the website may be covered by U.S. Patent 6,091,956.

NOTICES FOR REPORTING AND MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

This policy is intended to comply fully with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act.

Skagen will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Skagen’s copyright agent the written information specified below:

·      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

·      A description of the copyrighted work that you claim has been infringed upon

·      A description of where the material that you claim is infringing is located on the site

·      Your address, telephone number, and email address

·      A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

·      A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website:

Skagen

General Counsel – Intellectual Property

901 S. Central Expressway

Richardson, TX 75080

Attn: DMCA Copyright Agent

VIA EMAIL: legal@fossil.com

MODIFICATIONS TO TERMS OF USE

Skagen, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms of Use as "Additional Terms") will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

TERMINATION

This Agreement is effective unless and until terminated by either you or Skagen. You may terminate this Agreement at any time by discontinuing use of the Site. Skagen also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Skagen’s sole discretion you fail to comply with any term or provision of this Agreement.

WAIVER

Skagen’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Skagen’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Skagen to exercise or take advantage of any right or remedy that Skagen has or may have hereunder, operate as a waiver of any right or remedy.

SEVERABILITY

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

 

Last Updated: August 28, 2017