Effective
Date: 12-30-19
Last Updated: May 5, 2023
This Privacy
Policy applies to residents of the UK and Europe.
ACCESSIBILITY - If
you are having any trouble accessing this Privacy Policy or the website, please
email us at info@ridefox.com.
Table of Contents
1.
INTRODUCTION
2.
SOURCES OF PERSONAL INFORMATION
3.
CATEGORIES OF PERSONAL INFORMATION WE COLLECT
4.
PURPOSES OF PROCESSING YOUR PERSONAL INFORMATION
5.
DISCLOSURE OF YOUR PERSONAL INFORMATION
6.
RETENTION
7.
COOKIES AND OTHER TRACKING TOOLS
8.
CONTACT DETAILS AND EXERCISE OF YOUR RIGHTS
9.
ACCESSIBILITY
10.
COOKIE POLICY
1. INTRODUCTION
1.1. Fox Factory UK Limited., with registered office at 7th
Floor 50 Broadway, London, United Kingdom, SW1H 0DB, company number 10764403
and Information Commissioner's Office ("ICO") number ZB499275 together with other
companies within its group of companies and affiliates (collectively, "Fox,"
"we," "our" or "us"), collects information from and about you through this
website, through email and communications with you, and from other sources
(collectively, the "Services").
1.2
This Privacy Policy (the "Policy") describes how we as data
controller collect, use, share or otherwise process your Personal Information
(defined below), and what your rights are with respect thereto.
1.3
This Policy does not apply to job applicants or Fox employees.
1.4
Fox may update this Policy from time to time. The current Policy
will be effective when posted. Please check this Policy periodically for
updates. If any of the changes are unacceptable to you, you should cease using
the Services. When required, we will notify you of any changes to this Policy
by posting the changes on this website. When required under applicable law, we
will seek affirmative consent from you before making material changes to how we
handle data previously collected from you. If you do not provide such consent,
we will continue to use Personal Information in a manner that is consistent
with the version of this Policy under which it was collected, or the
information will be deleted
1.5
Whenever you interact with Fox on behalf of another individual
or entity, such as by providing or accessing Personal Information about another
individual, you represent that your interactions and exchanges comply with
applicable data protection laws. You shall have sole responsibility for any
violation of privacy laws as a result of a failure to inform the other
individual about how their Personal Information will be processed or to obtain
any necessary consent from such individual.
2. SOURCES OF
PERSONAL INFORMATION
Personal
Information ("Personal Information") is any information relating to an
identified or identifiable natural person or household and includes "personal
data" as defined by and for the purposes of the European Union's General Data
Protection Regulation (EU GDPR) and the United Kingdom's Data Protection Act
2018 and EU GDPR as incorporated into the laws of the United Kingdom (UK GDPR).
2.1
Information you provide to us directly. We process Personal Information we
collect from you when you register for an account, communicate with us,
purchase, access, or otherwise use our Services, complete a survey, participate
in a promotion or otherwise interact with us.
2.2
Information we obtain from business affiliates, subsidiaries, partners or other
companies. We may receive Personal Information about you from third
parties such as if you link your social media account with our Services we may
receive Personal Information about you from your social media account, or from
organizers of events or trade shows that you attend. We may also receive
Personal Information about you from the parties set out in section 5 below. Note
that we do not control the privacy practices of such third parties.
2.3
Information collected automatically or inferred with our Services. Through our
Services, we may collect technical information about you and your computer or
device, such as your IP address and browsing preferences. That information is
likely to be, or to include Personal Information for the purposes of EU GDPR
and UK GDPR.
We may combine Personal
Information and any other information that we receive from the various sources
described in this Policy, including third party sources and public sources, and
use or disclose it for the purposes identified below.
3. CATEGORIES OF
PERSONAL INFORMATION WE COLLECT
The types of
information we collect about you which are likely to be, or to include,
Personal Information include:
3.1
Identifiers, such as your name, alias, postal address, country of
residence, unique personal identifier, online identifier, IP address, email
address, account number, account name, username and password, account creation
date, phone number, phone number, social media identifiers (e.g., Twitter
handle, Instagram name, etc.), or other similar identifiers.
3.2
Financial information, such as your credit card number, debit card number, credit
worthiness, security code, billing address, or any other financial information.
3.4
Protected class and demographic information, such as age and gender.
3.5
Commercial information and preferences, including what product category applies
to you, where you ride, how often you ride, shop name, products or services
purchased, obtained, or considered, or other purchasing or consuming histories
or tendencies.
3.6
Internet or other electronic network activity information, such as your
browsing history, search history, type of web browser, operating system being
used, domain name or your Internet service provider, cookie ID, websites you
visit before coming to our website, other websites you visit and the data and
duration of your visit, and information regarding your interactions with Fox
(including interacting with Fox online and through advertisements).
3.7
Professional or employment information, such as job title, business address,
employment history, or other professional information.
3.8
Inferences drawn from any of the information we collect to create a profile
about you reflecting your preferences, characteristics, psychological trends,
predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
4. PURPOSES OF
PROCESSING YOUR PERSONAL INFORMATION
Fox generally
processes your Personal Information for the purposes of providing you with and
improving our Services. More specifically, we process your Personal Information
for the following purposes:
Purpose
|
Lawful Basis for Processing
|
Your rights
|
To register you as a new customer
|
In order to take steps prior to entering
into a contract with you and/or for the performance of a contract with you
falling
within Article 6(1)(b) EU GDPR and UK GDPR
|
|
To process and deliver your order
including to manage payments, fees, and charges
|
For the performance of a contract with
you falling within Article 6(1)(b) EU GDPR and UK GDPR
|
|
To provide you with updates about the
services or products you have requested for example, via email and WhatsApp and
to respond to communications, including customer support queries
|
Legitimate interests within Article
6(1)(f) of EU GDPR and UK GDPR.
|
You may at any time object to the
processing of your Personal Information on the basis of our legitimate
interests. You may object by sending an email to [privacy@ridefox.com.
If you object then we will cease to
process your Personal Information for these internal business purposes unless
we consider that we can demonstrate compelling legitimate grounds for the
processing which override your interests, rights and freedoms, or for the
establishment, exercise or defence of legal claims. If we consider that such
grounds exist then we will provide you with information to explain those
grounds. Should you disagree with our explanation then you have the right to
complain to a competent supervisory authority (such as the United Kingdom's
ICO or to the supervisory authority responsible for data protection in an EU
member state).
|
To manage our relationship with you
which will include notifying you about changes to our Services, relevant terms,
or privacy policy
|
For the performance of a contract with
you falling within Article 6(1)(b) EU GDPR and UK GDPR; or
Compliance with a legal obligation to
which we are subject within Article 6(1)(c) EU GDPR and UK GDPR, when we are
legally required to notify you of a change
|
|
For marketing, such as customizing
content you see or offering information on our Services we feel may be of
interest to you, including by sending you marketing communications by post,
e-mail, online advertising, or similar technology.
|
If you have previously purchased
products or Services from us we may send you information about similar
products or Services provided that you have not either (a) informed us when
we initially collected your Personal Information that you do not wish to
receive such marketing communications, (b) informed us at any stage that you
object to the processing of your Personal Information for direct marketing
purposes, or (c) opted to unsubscribe by using any of the links provided in
marketing communications sent to you by email or other electronic means.
If you have not previously purchased
products or Services from us, then we will not send marketing communications
without first obtaining your consent.
|
You have the right at any time to object
to the processing of your Personal Information for direct marketing purposes.
You may object by sending an email to privacy@ridefox.com. If we receive an
objection from you then in compliance with EU GDPR and UK GDPR Article 21(2)
we will cease to process your Personal Information for any direct marketing
purposes.
If at any time you unsubscribe from
email or other marketing communications sent to you by electronic means then
we will cease to send marketing communications by those means.
You have the right at any time to
withdraw consent for marketing communications. You may withdraw consent by
sending an email to privacy@ridefox.com. If you withdraw consent, then we
will cease to send any marketing communications to which your consent
related.
|
For our own internal business purposes,
such as auditing related to current transactions with you, debugging to
identify and repair errors that impair the functionality of our systems, to
evaluate or audit the usage and performance of our Services and improve the
quality of your interactions with Fox, improve and design new Services,
operate and maintain our websites, process your responses to surveys or
questionnaires, perform internal research, quality assurance, conduct data
analysis and testing, provide anonymous reporting, and maintain proper
business records and other relevant records.
|
Legitimate interests within Article
6(1)(f) of EU GDPR and UK GDPR.
|
You may at any time object to the
processing of your Personal Information on the basis of our legitimate
interests. You may object by sending an email to privacy@ridefox.com.
If you object then we will cease to
process your Personal Information for these internal business purposes unless
we consider that we can demonstrate compelling legitimate grounds for the
processing which override your interests, rights and freedoms, or for the
establishment, exercise or defence of legal claims. If we consider that such
grounds exist then we will provide you with information to explain those
grounds. Should you disagree with our explanation then you have the right to
complain to a competent supervisory authority (such as the United Kingdom's
ICO or to the supervisory authority responsible for data protection in an EU
member state).
|
For security of Fox, our customers,
employees, or others, by detecting security incidents, protecting against malicious,
deceptive, fraudulent, or illegal activity.
|
Compliance with a legal obligation to
which we are subject within Article 6(1)(c) EU GDPR and UK GDPR.
|
|
For legal and compliance purposes, such
as compliance training, investigating and responding to claims against Fox,
due diligence purposes, tax requirements, and other such purposes.
|
Compliance with a legal obligation to
which we are subject within Article 6(1)(c) EU GDPR and UK GDPR.
|
|
To establish, exercise or defend legal
claims or to otherwise interact with courts and other authorities
|
Legitimate interests falling within
Article 6(1)(f) EU GDPR and UK GDPR; or
Compliance with a legal obligation to
which we are subject within Article 6(1)(c) EU GDPR and UK GDPR.
|
You may at any time object to the
processing of your Personal Information on the basis of our legitimate
interests. You may object by sending an email to privacy@ridefox.com.
If you object then we will cease to
process your Personal Information for these internal business purposes unless
we consider that we can demonstrate compelling legitimate grounds for the
processing which override your interests, rights and freedoms, or for the
establishment, exercise or defence of legal claims. If we consider that such
grounds exist then we will provide you with information to explain those
grounds. Should you disagree with our explanation then you have the right to
complain to a competent supervisory authority (such as the United Kingdom's
ICO or to the supervisory authority responsible for data protection in an EU
member state).
|
In connection with a transaction, such
as if we, or some of our assets, are acquired by another entity, including
through a sale or in connection with a bankruptcy, we will share your
Personal Information with that entity.
|
Legitimate interests falling within
Article 6(1)(f) EU GDPR and UK GDPR; or
Compliance with a legal obligation to
which we are subject within Article 6(1)(c) EU GDPR and UK GDPR.
|
You may at any time object to the
processing of your Personal Information on the basis of our legitimate
interests. You may object by sending an email to privacy@ridefox.com.
If you object then we will cease to
process your Personal Information for these internal business purposes unless
we consider that we can demonstrate compelling legitimate grounds for the
processing which override your interests, rights and freedoms, or for the
establishment, exercise or defence of legal claims. If we consider that such
grounds exist then we will provide you with information to explain those
grounds. Should you disagree with our explanation then you have the right to
complain to a competent supervisory authority (such as the United Kingdom's
ICO or to the supervisory authority responsible for data protection in an EU
member state).
|
5. DISCLOSURE OF
YOUR PERSONAL INFORMATION
We may share your
Personal Information with the categories of recipients described below. We may
also share your Personal Information with the parties set out in section 2 above.
In some cases, the entities below collect Personal Information directly from
you on Fox's behalf.
5.1
Intra-Group
We share your
Personal Information among Fox entities, which includes parents, corporate
affiliates, subsidiaries, business units and other companies, some of which
share common ownership for the purposes described above.
5.2
Service Providers
We share your
Personal Information with third party service providers working on our behalf
to provide the products and services you request or support our relationship
with you, such as IT providers, accountants, logistics providers, payment
processors, analytics companies, instant messaging service and marketing
providers.
5.3
For Legal, Security or Safety Purposes
We will also
disclose Personal Information when required to do so by law, such as in
response to a subpoena, including to law enforcement agencies, tribunals and
courts in countries where Fox operates. We may share your Personal Information
to enforce or apply our Terms of Use and other agreements; and to protect our
rights and the property or safety of Fox, our employees and users, or third
parties.
5.4
In Connection with Corporate Transactions
We will disclose
Personal Information to buyers, their lawyers or professional advisors, courts,
tribunals, opposing or other related parties to the proceedings and their
professional advisors, where needed to affect the sale or transfer of business
assets, to enforce our rights and to protect our property, assets or safety of
others.
5.5
Third Parties
We may share your
Personal Information with third parties to complete a transaction or for the
third party's own purposes, which may include their own direct marketing. To
opt out of sharing with third parties for their direct marketing purposes,
contact us at privacy@ridefox.com.
We may also de-identify,
anonymize, or aggregate Personal Information to share with third parties for
any purpose. We do not sell your Personal Information. We will contact you in
accordance with your preferences, including by email, phone, post and SMS
text. We always seek to explain why and how we might contact you at the point
you give your information to us. We also provide the means for you to grant or
withhold your permission for us to contact you. We do this by using opt-in
boxes or unsubscribe options, which determine your permission for us to contact
you about our wider range of products and Services, including those provided by
other Fox entities.
The Personal Information
that we collect from you will sometimes be sent and stored outside the European
Economic Area ('EEA') and/or the United Kingdom in order to carry out processing
for the purposes set out at section 4 above. Except where this is on your
specific instructions, this will always be subject to adequate safeguards as to
the protection and security of your personal data, such as the EU Standard
Contractual Clauses (SCCs) and the UK Addendum, together where appropriate with
supplementary technical and organizational measures to ensure that your rights
are fully respected. Further details are available on enquiry from privacy@ridefox.com.
6. RETENTION
We retain Personal
Information only for as long as necessary to fulfill the purpose for which the
Personal Information was collected , including for the purposes of satisfying
any legal, accounting, or reporting requirements..
To determine the
appropriate retention period for personal data, we consider the amount, nature,
and sensitivity of the personal data, the potential risk of harm from
unauthorised use or disclosure of your personal data, the purposes for which we
process your personal data and whether we can achieve those purposes through
other means, and the applicable legal requirements.
7. COOKIES AND
OTHER TRACKING TOOLS
Fox may set and
access cookies and other tracking technologies on your computer. For more
information, please see our Cookie Policy below.
8. CONTACT DETAILS
AND EXERCISE OF YOUR RIGHTS
Fox Factory UK
Limited
7th Floor 50
Broadway, London, United Kingdom, SW1H 0DB You have the right to access the
personal information held about you from us, or from any other organization
that controls your personal information. For the purposes of EU GDPR and UK
GDPR you have the following rights:
(1) To
obtain access to, and copies of, the personal data that we hold about you, or
require that it is transmitted to another data controller;
(2) To
request that we restrict our data processing activities or cease processing
your personal data in certain ways, for example because you do not consider it
lawful;
(3) To
require us not to send you marketing communications;
(4) To
withdraw your consent, where we are relying on it to process your personal
data;
(5) To
object to how we process your personal data, in particular where we are relying
on our legitimate interests; and
(6) To
ask us to erase the personal data we hold about you, for example because it is
causing you distress or you believe it to be no longer relevant, or to correct
the information if it is incorrect. If you would like to exercise any of your
rights as stated above, you can do so by emailing privacy@ridefox.com.
Please note that
the above rights are not absolute, and we will be entitled to refuse requests
where exceptions apply. You can find out more about your rights at www.ico.org.uk.
You also have the
right to object to automated decision-making, including by means of profiling.
Although we use various algorithms and automated criteria to help us serve
advertising in the manner set out in this Policy, this results in segmented
advertising (by category of user) rather than specific decisions being made
about you. This can in any event be controlled through your cookie and ad
preferences.
If we change how
we use this technology in the future, we will let you know if it affects you
via this Policy (and significant changes or effects we will notify directly).
You may direct
questions about our processing of your Personal Information or exercise your
rights in relation to your Personal Information by sending an e-mail to privacy@ridefox.com.
9. ACCESSIBILITY
We are committed
to making this website accessible to all people. That includes making this
website accessible to users who have disabilities. The website has been
designed to ensure that it meets or exceeds the requirements of World Wide Web
Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0. It is our
goal to ensure that content is posted in a format that conforms to WCAG for web
content and that the website is accessible with software designed for use by
persons with disabilities. If you have comments or suggestions for the
improvement of the website, or to making it more accessible for all users, or
if you encounter difficulty accessing the information on the website, please
contact us at privacy@ridefox.com
10. Cookie Policy
This Cookie Policy
describes how Fox Factory UK Limited, with registered office at 7th Floor 50
Broadway, London, United Kingdom, SW1H 0DB, company number 10764403 and ICO
number ZB499275, together with other companies within its group of companies and
affiliates (collectively, "Fox," "we," "our" or "us"), uses cookies ("cookies")
and other tracking technologies on this website (the "Website"), on which
a direct hyperlink to this Cookie Policy is posted. This Cookie Policy explains
what cookies are, how we use cookies and other tracking technologies, how third
parties we may partner with may use cookies and other tracking technologies on
the Website, your choices, and other information.
10.1
What are Cookies?
Cookies are small
files that the Website saves on your computer or mobile device (such as your
mobile phone, laptop or tablet) when you visit the Website. They are widely
used in order to make websites work, or work more efficiently, as well as to
provide information to the owners of the Website.
These are the
different types of cookies we may use on our Website:
(a) Essential cookies are required
for the operation of our Website (for example, to remember what policies you
accepted, to display appropriate banners, and to facilitate login). These
cookies enable you to move around the Website and use its features. Disabling
these cookies would impede the Website's performance and we would not be able
to provide you with the features and services offered through the Website.
(b) Analytics cookies (including
advertising cookies) allow us to analyze your activities on our Website in
order to improve and adapt the way our Website works. For example, we may count
visits by traffic source, or analyze the paths used to specific content,
provide suggested products and provide targeted advertisements relevant to your
visit to our Website. Some cookies record your online activities, including
your last visit to our Website. This information allows us to make our Website
more relevant to you by displaying appropriate content and delivering
communications that are tailored to you.
10.2
Types of Data Held
The types of data
Fox collects using cookies and other technologies include:
- Cookie
Policy acceptance
- PHP
session ID which consists of a randomly generated sequence of letters and
numbers
- First
name, last name (if typed in by user)
- Shipping
& billing addresses (if typed in by user)
- IP
address
- Pages
visited
- Product
pages visited
- Duration
onsite
- Referring
website
- Location
- Items
placed in cart
- Log
In/Log Out Status (if typed in by user)
10.3
How Do We Use Cookies?
Our Website uses
cookies to ensure that we give you the best possible experience by providing
you personalized information, understanding how you use our Website and helping
you obtain the right information.
We use cookies for
the below purposes:
(a) Essential Cookies:
- Identify
the PHP Session used to store login data
- Remember
whether you accepted cookies
- Remember
whether you accepted the Privacy Policy
- In
connection with access to admin
- In
connection with shopping cart
- In
connection with checkout
(b) Analytics Cookies:
- Track
visits on the Website for analytics
- Distinguish
users and sessions
- Determine
new sessions/visits
- Store
the traffic source or campaign that explains how you reached the Website
(c) Advertising Cookies:
- Bing
Ads: We use Bing Ads to deliver targeted advertisements to individuals who
visit our Website
- Facebook
Custom Audiences: We use Facebook Custom Audiences to deliver targeted
advertisements to individuals who visit our Website
- Google
Ads: We use Google Ads to deliver targeted advertisements to individuals
who visit our Website
Through cookies
and other tracking technologies, aggregate and other information such as the
pages visited on the Website and unique URLs visited within our Website may be
obtained and used to enhance your experience and understand traffic patterns.
We count the number of users who visit a particular section of the Website or
who clicks on links or graphics included in e-mail newsletters received from
Fox. We also compile aggregated statistics about how our Website is appreciated
by its visitors to optimize and tailor it to your needs.
10.4
Who Sets the Cookies?
Cookies may be
placed on your device by us, as the Website operator. These cookies are called
"First Party Cookies." Certain cookies may be placed on your device by a third
party other than Fox, such as providers of marketing services and providers of
cookies and other tracking technologies related services (e.g., publishers,
data management platforms, and demand side platforms). These cookies are called
"Third Party Cookies." For example, a third party such as Instagram or Twitter
may place a cookie to integrate the social media platform and be able to share
its capabilities with you.
10.5
How Can You Block, Delete or Otherwise Manage Cookies?
You can block
cookies by activating the setting on your browser that allows you to refuse the
setting of all or some cookies. However, if you use your browser settings to
block all cookies (including essential cookies), you may not be able to access
all or parts of our Website.
Please note that
your Internet browser allows you to change your cookie settings, including
deleting and blocking them. These settings are usually found in the "Options"
or "Preferences" sections of the "Settings" menu of your Internet
browser. You can use the "Help" option in your Internet browser for more
details.
To opt out of
being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.
Fox does not
respond to Do Not Track ("DNT") preferences. However, some third-party sites do
keep track of your browsing activities when they serve your content, which
enables them to tailor what they present to you. If you are visiting such
sites, your browser allows you to set the DNT signal on your browser so that
third parties know you do not want to be tracked.
10.6
How to Contact Us
If you have any
questions, comments, or requests regarding our use of cookies, please direct
your request to:
Fox Factory UK
Limited
7th Floor 50 Broadway, London, United Kingdom, SW1H 0DB
privacy@ridefox.com
10.7
Amendments
Fox will amend
this Cookie Policy from time to time and inform you, as required by applicable
law, but we will not reduce your rights.