PERSONAL INFORMATION WE COLLECT ABOUT YOU
HOW WE USE THE PERSONAL INFORMATION WE COLLECT
Skagen Denmark 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 process your warranty and repair requests, to process returns and exchanges, to process personal shopper requests, to process catalog requests, to process email marketing requests, to process product reviews, to process your entry into sweepstakes or promotions, to provide you with free gifts and other promotional offers, to notify you of changes made to our policies, to combine the Personal Information with publicly available information and information we receive from or cross-reference with our marketing partners and others, and to otherwise maximize your access to our services and products, and order processing/fulfillment. With respect to use of the Website, without transmitting 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, request a catalog, request email marketing notifications, write product reviews, create a wish list, or make an online purchase.
We may contact you for direct marketing purposes per e-mail, 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.
In furtherance of the foregoing uses, your Personal Information may also be shared with Skagen Denmark' employees, agents, representatives, and selected third party service providers or partners (as set forth further below) who will be under an obligation to Skagen Denmark 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. Skagen Denmark 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 Skagen Denmark with any of these companies.
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.
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. Any personal information you include in the text of a product review may be made public in the product review section of the website. The information contained in your wish list may be shared with the friends and family that you instruct us to share it with.
In addition to the foregoing uses, Skagen Denmark may also disclose Personal Information:
to comply with a court order, subpoena, search warrant or other legal process;
to comply with legal, regulatory or administrative requirements of any governmental authorities, including requests to meet national security or law enforcement requirements;
to protect and defend Skagen Denmark, its subsidiaries and affiliates, and all of their officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim or dispute;
to prevent imminent physical harm.
GENERAL INFORMATION WE COLLECT AND USE
"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 beacons are used in conjunction with cookies and 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.
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.
Skagen Denmark 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. Skagen Denmark 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 Skagen Denmark over the Internet. Therefore, Skagen Denmark cannot ensure safety regarding the disclosure or interception of your information before it is received by Skagen Denmark.
LINKS TO OTHER MATERIALS
OPT OUT PROCEDURES
To the maximum extent permitted by applicable law, 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.
ACCESS TO PERSONAL INFORMATION & YOUR RIGHTS
To change the email address you have provided to Skagen Denmark, please email email@example.com and let our Customer Care agents take care of unsubscribing you with your old email account, and creating a new subscription with your new email address. Other Personal Information collected through Skagen Denmark may not be currently accessible to you online. To review your Personal Information, or, if you believe that any Personal Information collected by Skagen Denmark about you is not correct or has changed, please send an e-mail message to firstname.lastname@example.org explaining the correction or change and provide any relevant confirmation or reference number.
We encourage you to address any concerns you may have regarding your information or our use of your Personal Information by using the contact details provided directly above, or below in the section entitled “How to Contact Us”.
If your Personal Data is subject to the Privacy Shield you can also address your concern regarding the use of your Personal Information to the Direct Marketing Association (DMA) free of charge. Please see the DMA contact information in the section below entitled “How to Contact Us”.
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 website, see the section entitled “Privacy Shield” below.
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 Skagen Denmark and/or its affiliates and subsidiaries (collectively, "Skagen Denmark") or other parties that have licensed to or otherwise permitted their material to be used by Skagen Denmark, and are protected by copyright, trademark and other intellectual property laws. Skagen Denmark 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 Skagen Denmark or other third parties. You agree not to display or use such marks without Skagen Denmark'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 Skagen Denmark to you are reserved by Skagen Denmark and/or its licensors.
Skagen Denmark provides a variety of information on its Website, such as information on store locations, distributors, email offers, products, shipping, and the like. Skagen Denmark will use commercially reasonable efforts to provide accurate and updated information. However, Skagen Denmark cannot and does not guarantee the accuracy of such information. Finally, through its web sites, Skagen Denmark provides the capability for you to upload and download files from/to your computer. Although Skagen Denmark 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 Skagen Denmark's Designated Agent at:
901 S. Central Expwy
Richardson, TX 75080
Skagen Denmark maintains this Website for the internet browser to use for: personal use, entertainment, electronic commerce, gathering information, education and communication with the company. Material on Skagen Denmark'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 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 Skagen Denmark. 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 related to use of the Website between you and Skagen Denmark are superseded. The trademarks, logos and service marks displayed on the Website are registered and unregistered trademarks of Skagen Denmark 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 Skagen Denmark 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 Skagen Denmark and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Skagen Denmark 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.
Skagen Denmark will use reasonable efforts to include accurate and up to date information on this Website, but Skagen Denmark makes no representations or warranties as to its accuracy. Neither Skagen Denmark 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. Skagen Denmark 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. Skagen Denmark has not reviewed any or all of the sites linked to this Website and is not responsible for the content of any off-site pages or any other sites linked to Skagen Denmark's web site. The linked sites are provided for convenience only and do not imply endorsement or control by Skagen Denmark. Your linking to this Website, off-site pages or other sites is at your own risk and without the consent of Skagen Denmark. Skagen Denmark, and SKAGEN DENMARK are registered trademarks of Fossil Group, Inc. Other trademarks, product names and company names or logos used on this Website are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Website is strictly prohibited. Fossil Group, Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
YOUR CALIFORNIA RIGHTS
901 S. Central Expwy
Richardson, TX 75080
Alternatively, you may send us an email at email@example.com with the words "California Privacy Rights" in the subject line.
Skagen Denmark 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 European Union member countries. Skagen Denmark, under Fossil Group, Inc. (“Fossil Group” or “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 US Department of Commerce’s Privacy Shield self-certification list that may be found 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 “Access To and Your Rights Regarding Your Personal Information”.
HOW TO CONTACT US
Attention: Chris King
Chief Compliance Officer
901 S Central Expressway
Richardson, TX 75080
Should an individual be unable to resolve a complaint related to Privacy Shield after having contacted Skagen's customer service department (firstname.lastname@example.org or email@example.com) and/or the Chief Compliance Officer above, they may file their complaint with the Direct Marketing Association (DMA) as indicated below:
To file a complaint/inquiry: https://thedma.org/shield-complaint-form/
For information about the DMA and Privacy Shield visit: www.thedma.org/privacy-shield-safe-harbor-for-consumers/
TERMS AND CONDITIONS
We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of the skagen.com web site (the “Site”) constitutes your agreement to be bound by these terms. 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.
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 e-mail 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
You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:
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;
Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
Sending unsolicited e-mail, including promotions and/or advertising of products or services;
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
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.
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.
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 Skagen Denmark, and/or its parents, subsidiaries and affiliates. 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 Denmark or used with permission. SKAGEN, Skagen Denmark, the Skagen Denmark logo and all other trademarks appearing on this Site are trademarks of Fossil Group, Inc. or are licensed or used with permission of the owner by Skagen Denmark. You agree not to display or use such trademarks without Skagen Denmark’s prior written permission.
Skagen Denmark’s products displayed on the Site may also be available in select Skagen Denmark retail 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 retail stores and Skagen Denmark 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.
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 Denmark 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 Denmark’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Skagen Denmark of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Skagen Denmark 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.
Please send any concerns regarding our products or services to firstname.lastname@example.org.
You agree to defend, indemnify and hold Skagen Denmark, and/or its parents, subsidiaries and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
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 Denmark 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 Denmark 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 Denmark.
Skagen Denmark 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 Denmark 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 Denmark 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, SERVICES, PRODUCTS AND MATERIALS 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.
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, and store locations. 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 Denmark MAKES NO REPRESENTATION OR WARRANTIES AS TO ACCURACY. EVERYTHING 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. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME EXCLUSIONS MAY NOT APPLY.
This Site is controlled and operated by Skagen Denmark from its offices in Richardson, Texas.
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. Notices for Reporting and Making Claims of Copyright Infringement
Skagen Denmark 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 Denmark’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 e-mail 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:
General Counsel — Intellectual Property
901 S. Central Expwy
Richardson, Texas, 75080
Attn: DMCA Copyright Agent
VIA EMAIL: email@example.com
Certain activities provided via the website may be covered by U.S. Patent 6,091,956
This Agreement is effective unless and until terminated by either you or Skagen Denmark. You may terminate this Agreement at any time by discontinuing use of the Site. Skagen Denmark 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 Denmark’s sole discretion you fail to comply with any term or provision of this Agreement.