We process Personal Information about you in order to provide you with the full range of services and features of your Michael Kors Access App, Michael Kors Access Watch Apps, and Michael Kors Device. This includes data you enter when setting up your user account and information required in order to receive specific features. For example, for distance and pace measuring, or calculation of calories burned, we might require information about your height, weight, heart rate, and geolocation. (For further information go to sections 3.1-3.7 below)

We and our service providers track and run analyses of the usage of the App, Watch Apps, and Device (to determine which functionalities are used more often than others) to understand how they are used and improve them. (For further information go to Section 3.8 below)

We can use your Personal Information for marketing purposes to provide you with offers about our products and services, based on your consent and preferences. (For further information go to Section 3.9 below)

Our service providers also access your information in order to provide services to you and handle your data as described in this Privacy Notice. (For further detail go to Section 5 below)

Your rights may include the right to access, correct, and delete your Personal Information. You have the right of portability, and may also request the restriction of and, if applicable, withdrawal of your consent or objection to the processing (please proceed to Section 8 for a detailed description of your rights).

Personal Information we collect hereunder will be stored in the United States with us and our cloud service providers.

When you use the App, Watch Apps, and Device we will collect general account data, including examples such as your first and last name, your email address, your date of birth, your gender, your height and weight, a photo, the password selected for your App account, the App version, Device information (e.g. Device serial number), paired mobile device information (e.g. smartphone manufacturer, model, operating system) and your personal account and App settings (e.g. which features you want to use).

We will also collect this information when you sign-up using a social media login, such as via Facebook or Google+. In this and other cases we collect information about you that is publicly available on or through your social media account. We do not collect or store your social media password if you sign up using a social media login.

In order to help you understand both your daily movement habits and your personal fitness, we use additional Personal Information. Examples include the calculated number of steps you have taken, your heart rate, calories burned, your mode of movement (e.g. running or walking), travelled distance, the time zone, and your goals for the day and whether you achieved them. In order to enable us to calculate calories burned we use your height, weight, and date of birth information. You may also choose to input information related to your activities through the App, such as updating information about your weight.

With the aim of enabling you to understand and to improve your sleeping habits, some Devices collect sleep start time, sleep end time, the time you go to bed, and the time you wake up. We also collect details of sleep, such as when light sleep or restful sleep occur, to show you data and insights about your sleeping patterns.

Certain activity and sleep data might be regarded as 'health related data' in certain jurisdictions. We therefore ask you for your consent to collect such data when you sign up in the App. We will seek your express additional consent if we wish to use health related data for marketing purposes.

If you want to be notified by or on your Device when you receive a text message, email, app alert, or when there is an upcoming event in the calendar of your mobile device, you need to activate this in the App settings. We do not store content of the notifications, we only track that a notification occurred.

When you install the App, you will be asked to grant access to your geolocation data. When you install or use Watch Apps for the first time, including on devices powered with Wear OS by Google, you will be asked to grant the Watch App access to your Device’s geolocation data (if equipped) or the paired mobile device’s geolocation data. We can use that information to customize the App or Watch Apps with location-based information and features; examples may include automatically updating local weather information, tracing an activity route, or to help locate your Device based on last known location. You can turn off location tracking through the settings in your App, Device or phone on which the App is downloaded.

In the event our App or Watch Apps stop working we will receive information about your paired mobile device and Device (e.g. model, software version, mobile device carrier) and any additional information you share with us, which allows us to identify and fix bugs and otherwise improve the performance of our App and Watch Apps.

In the event you contact us for customer support we will also process your Personal Information

When you install or use one of our Watch Apps, you will be asked to grant the Watch App access to certain types of information from your Device and/or a paired mobile device (e.g. geolocation data, events on your personal calendar, or fitness activity data). If you grant such permission, the Watch App can collect information and use that information to provide specific features or services; for example to allow you to display a pre-selected watch face during a specific event, to download photos from social media, or to help locate your Device based on last known location.

We send you push notifications to provide you with information about your personal goals and alerts about updates for the Device, the App, or Watch Apps.

We will send you emails related 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.

For paired mobile devices, you can at any time stop transfer of data from the paired mobile device to the App or Watch Apps by disabling the Bluetooth connection between the Device and the mobile device; however, in this case the functionalities described above may not work.

We 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 App, Watch Apps, and Device and use it for a variety of analytical purposes, such as determining the average daily steps taken by App users, analyzing fitness trends, watch faces selected by Watch App users, or obtaining other information to improve our products and services.

We use your Personal Information for other marketing, statistical, and market research purposes to learn more about our customers and users. For these purposes we also use publicly available Personal Information about you (e.g. from your publicly available social media profiles).

We use Google Analytics to track and examine how our App and Watch Apps are used and how we may improve them to enhance and improve our services. Google Analytics is an analysis service provided by Google Inc., located in the USA. In order to use Google Analytics, our App is sending anonymized information about your usage of our App to Google Analytics, where the data is aggregated and analysed to provide meaningful reports for us. 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 App's settings.

If you have provided your consent, we can use your Personal Information for marketing purposes to provide you with emails and other offers about our products and services. By analysing your general contract information (3.1) and how our services are used we select which marketing information may be of specific interest for you. At any time you can opt-out from the use of your Personal Information for marketing purposes as described under Section 8.1.

We will not use data relating to your health for marketing purposes.

If you enter a global sweepstake, contest, or competition we sponsor, we use your Personal Information to enable your participation as set forth in the applicable terms and conditions.

EU law obliges us to name the legal basis for the processing activities described in this chapter 3.

3.10.1 Performance of a contract: Most of our processing activities are necessary for the provision of our services (legally: performance of our contract with you - Sections 3.1 to 3.3, 3.5 to 3.7).

3.10.2 Consent: For geolocation data (Section 3.4) and for some marketing activities (Section 3.9) we require your prior explicit consent. As far as activity data (Section 3.2. above) may be considered health-related data we require your explicit consent for the processing.

3.10.3 Legitimate Interests: The processing for analytical (Section 3.8) and for marketing purposes is based on our legitimate interests.

3.10.4 Legal obligation: In some cases we process your Personal Information due to a legal obligation (for further information go to Section 6. below).

We disclose your Personal Information (i) in order to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal processes, including requests to meet national security or law enforcement requirements; (ii) in order to protect and defend the rights or property of us or third parties; or (iii) in an emergency, in order to protect the safety of our employees or any person.

Additionally 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 Personal Information may be part of the transferred assets.

Your Personal Information will be combined with or connected to other Personal Information that Michael Kors has obtained about you (e.g. purchase details of your Device, other goods you have purchased on a company website). We will also make your data available to Michael Kors associates if required to provide warranty and other after-sale services to you.

We involve other companies for the provision of services or for hosting Personal Information. These companies are only permitted to use Personal Information on our behalf; they must not use such data for their own purposes except as permitted by law. Examples of subcontractors are hosting or other service providers such as Amazon Web Services, Inc. and Google Inc., and service providers we use for customer care such as Zendesk, Inc.

We contract with service providers using data enrichment technologies (this does not apply to the EU, where we only use data cleansing techniques, i.e. ensuring that your data such as your address are correct).

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 App or Watch Apps with third parties for any lawful purpose.

We encourage you to address any inquiries or concerns you may have regarding our use of your Personal Information by using the contact details provided in Section 11 below.

With or without contacting us you can, by simply changing your settings in the App, at any time withdraw your consent, where our processing is based on your consent, without affecting the lawfulness of processing based on consent before the withdrawal.

At any time you may opt out from receiving marketing notifications or emails. You can opt out of marketing notifications or emails by changing the settings in your App or sending us an email or mail to the addresses listed under Section 11 below. You may also unsubscribe from email marketing by using the unsubscribe link contained in a marketing email from us.

By contacting us as set forth in Section 11 below in the EU you may exercise your rights, including the right to request from us access to, correction of, deletion of, and restriction of the Personal Information we hold about you. You also have the right to data portability (to receive data you provided in a machine readable format).

You may at any time object to our processing based on legitimate interests and to receiving marketing notifications or emails as described above under 8.1.

If you wish to exercise any of the above EU rights with respect to any Personal Information processed by us under this Privacy Notice, please contact at us at michaelkorsaccess@wearablessupport.com.

If you wish to exercise any of the above EU rights with respect to personal data that we process under a different privacy notice (not in connection with the App, Watch Apps or Devices), please follow the instructions in the applicable privacy notices or contact us at EUdatasubjectrights@michaelkors.com.

The California Consumer Privacy Act of 2018 (CCPA) provides California residents with specific rights regarding their personal information over the last 12 months. If you are a California resident you have the right to request the disclosure of

• • the categories of personal information we collected about you
• • the categories of sources from which the personal information is collected
• • the business or commercial purpose for collecting or selling personal information
• • the specific pieces of personal information we have collected about you.

You have the right to request that we delete any personal information about you that we have collected, subject to certain exceptions defined in CCPA.

To exercise your access and deletion rights described above you have to submit a verifiable request to us by sending us an email at privacy.nam@fossil.com, or calling us at +1 (800) 449-3056. The verifiable request must contain sufficient information that allows us to verify you as a person and to properly understand and respond to your inquiry. As part of our verification process we will send you an email with a link to verify your email address. Following this we will ask you further verification questions. Once the verification process is complete we will send you emails with login credentials to our secure privacy portal for you to access, download or delete your data.

We will respond to your verifiable request within 45 days of receipt. If we require more time (up to 90 days) we will provide you with notice and explanation of the reason.

You may use an authorized agent to submit a request to access or delete on your behalf if you provide the authorized agent written permission to do so and verify your own identity directly with us. “Authorized agent” means a natural person or a business entity registered with the Secretary of State that a consumer has authorized to act on their behalf. We may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf, unless you have provided the authorized agent with power of attorney, pursuant to Probate Code sections 4000 to 4465.

We do not sell your personal information.

We do not knowingly collect personal information from California residents between the ages of 13 and 16.

In the preceding 12 months, we have collected the following categories of personal information about California residents:

1. Identifiers

Examples
E.g. a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, device information, paired mobile device information or other similar identifiers.

Business/Commercial purpose for collecting
Security, debugging/repair, maintaining or servicing accounts, providing customer services, verifying customer information, providing advertising or marketing services, providing analytic services, quality, safety maintenance and verification of a service or device

Sources
Directly from you
Health and Activity Tracking Apps

How it is shared
With our Business Partners and Affiliates include those to whom you instruct us to send this information; with our Service Providers

2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Examples
E.g. a name, address, telephone number, date of birth, medical information

Business/Commercial purpose for collecting
Security, debugging/repair, maintaining or servicing accounts, providing customer services, verifying customer information, providing advertising or marketing services, providing analytic services, quality, safety maintenance and verification of a service or device

Sources
Directly from you
Health and Activity Tracking Apps

How it is shared
With our Business Partners and Affiliates include those to whom you instruct us to send this information; with our Service Providers

3. Protected classification characteristics under California or federal law.

Examples
E.g. sex/gender

Business/Commercial purpose for collecting
Maintaining or servicing accounts, providing customer services

Sources
Directly from you
Health and Activity Tracking Apps

How it is shared
With our Business Partners and Affiliates include those to whom you instruct us to send this information; with our Service Providers

4. Biometric information

Examples
E.g. physical patterns, and sleep, health, or exercise data (the calculated number of steps you have taken, your heart rate, calories burned, your mode of movement (e.g. running or walking), travelled distance, the time zone, and your goals for the day and whether you achieved them)

Business/Commercial purpose for collecting
Maintaining or servicing accounts, providing customer services

Sources
Directly from you
Health and Activity Tracking Apps

How it is shared
With our Business Partners and Affiliates include those to whom you instruct us to send this information; with our Service Providers

5. Internet or other similar network activity

Examples
E.g. information on a consumer's interaction with an application

Business/Commercial purpose for collecting
Security, debugging/repair, safety maintenance and verification of a service or device

Sources
Automatically as you navigate through the app

How it is shared
With our Business Partners and Affiliates include those to whom you instruct us to send this information; with our Service Providers

6. Geolocation data

Examples
Physical location or movements

Business/Commercial purpose for collecting
Maintaining or servicing accounts, providing customer services

Sources
Directly from your GPS tracking device

How it is shared
With our Service Providers

7. Audio / Visual

Examples
Audio, electronic, visual, thermal, olfactory, or similar information

Business/Commercial purpose for collecting
Maintaining or servicing accounts, providing customer services

Sources
Directly from you

How it is shared
Not shared

We do not discriminate against you because you exercised any of your rights under the California Consumer Privacy Act, including, but not limited to, by:

• ○ Denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties,
• ○ Providing a different level or quality of goods or services to you,
• ○ Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may charge you a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to you by your data (e.g. your identifiers). In addition, we may offer financial incentives, including payments to you as compensation, for the collection of personal information, the sale of personal information, or the deletion of personal information. We may also offer a different price, rate, level, or quality of goods or services to you if that price or difference is directly related to the value provided to you by your data. We may enter you into a financial incentive program only if you give us prior opt in consent which clearly describes the material terms of the financial incentive program, and which may be revoked at any time. We shall not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.