Privacy Policy

Table of Contents

  1. 1 INTRODUCTION
  2. 2 CATEGORIES OF PERSONAL DATA WE COLLECT
  3. 3 PURPOSES AND LEGAL BASES OF PROCESSING YOUR PERSONAL DATA
  4. 4 DISCLOSURE OF YOUR PERSONAL DATA
    1. 4.1 Intra-Group
    2. 4.2Third Parties
  5. 5 INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA
    1. 5.1 Intra-Group
    2. 5.2 Third Parties
  6. 6 HOW LONG DO WE KEEP YOUR PERSONAL DATA?
  7. 7 COOKIES AND OTHER TRACKING TOOLS
  8. 8 CONTACT DETAILS
  9. 9 RIGHTS OF WEBSITE VISITORS FROM THE EU
1 INTRODUCTION
1.1 Fox Factory, Inc., registered at 915 Disc Drive, Scotts Valley, CA 95066, USA and its affiliates (Race Face, Easton Cycling, Marzocchi) (collectively, “FOX,” “we,” “our” or “us”), operate this website in their capacity of joint controllers under applicable data protection laws and regulations (together, the “Applicable Laws”).
1.2 This Privacy Policy (the “Policy”) describes how we collect, use, share or otherwise process your Personal Data, and what your rights are with respect thereto.
1.3 This Policy applies only with respect to this website and any other FOX websites (ridefox.com, marzocchi.com, raceface.com, eastoncycling.com, sporttruckusainc.com, bds-suspension.com, zoneoffroad.com, 4x4posi-lok.com, jksmfg.com, rtproutv.com) on which a direct hyperlink to this Policy is posted and applies to all FOX products and services that do not have a separate privacy policy or that link to this Policy (collectively, the “Services”).
2 CATEGORIES OF PERSONAL DATA WE COLLECT

Please be aware that you can choose whether to provide us with the types of information described below, but your choices may affect our ability to offer you all or part of our Services.

2.1 Information you provide to us when registering with or subscribing to use our Services. We process information we collect from you when you register, contact us, access or use our Services, complete a survey, participate in a promotion or otherwise interact with us. The type of information we collect about you depends on your particular interaction with us and may include, but is not limited to, the following information:
  • your name
  • e-mail address
  • physical address and personal preferences.
2.2 Information about your transactions with us and with some of our business partners. When you purchase our Services, you will be required to provide your billing information, including your credit or debit card number.
2.3 Communications with us. When you communicate with us in any way, such as e-mail or telephone, we will receive your contact information and any other information you choose to provide to us.
2.4 Information we obtain from business affiliates, partners or other companies. We may receive information about you from third parties that you have authorized to share such information with us. For example, if you link your social media account with our Services, we may receive information about you from your social media account.
2.5 Information about your computer and about your visits to FOX websites or the websites of certain FOX affiliates or partners. Our Services collect technical information about you and your computer, such as the type of web browser, operating system being used, domain name of your Internet service provider, IP address of the computer you are using, websites you visit before coming to this FOX website, other websites you visit and the date and duration of your visit. FOX may also collect such information using cookies and similar technologies. For more information in this respect, please see our Cookie Policy.
3 PURPOSES AND LEGAL BASES OF PROCESSING YOUR PERSONAL DATA

FOX generally processes your Personal Data for the purposes of providing you with and improving our Services. More specifically, we process your Personal Data to:

  1. Provide our Services and maintain your account, including the online store portion of the website.
  2. Communicate with you in the context of your use of our Services (so as to obtain additional information where necessary and to provide you with information relating to the Services), and to fulfill your requests or answer your questions.
  3. To administer and to meet our obligations and enforce our rights based on our contractual relationship with you, if any.
  4. Operate and maintain our website, including for troubleshooting, data analysis, testing, research, statistical and survey purposes.
  5. Customize content you see or offering information on our Services we may feel may be of interest to you, including by sending you marketing communications by post or by e-mail or similar technology.
  6. Improve our Services.
  7. Conduct research.
  8. Provide anonymous reporting for internal and external clients.
  9. Conduct business with our customers, vendors and suppliers (this only applies to them and their employees).

Legal Basis: The processing is justified based on:

  • The necessity to perform a contract with you;
  • Our legitimate interests set out above; or
  • Your consent (which we will seek separately, where required).

We also process your Personal Data to protect our property, assets, rights or safety of FOX customers or others and to comply with legal or statutory requirements, such as under tax laws.

Legal Basis: The processing is justified based on:

  • The necessity to comply with a legal obligation; or
  • Our legitimate interests as set out above.
4 DISCLOSURE OF YOUR PERSONAL DATA

Personal Data are shared among the FOX entities (i.e., intra-group) or with third parties for the purposes set out in Section 3. In some cases, the entities below collect Personal Data directly from you on the FOX’s behalf.

4.1 Intra-Group

We share your Personal Data among FOX entities including marketing, sales, service, and legal for all the purposes described in Section 3 of this Policy.

4.2

Third Parties

We share your Personal Data with service providers who perform services on our behalf for the purposes described in Section 3 of this Policy. In particular, we share Personal Data with providers of marketing services, hosting services and IT support. The service providers are bound by law and/or contract to protect the confidentiality and security of Personal Data, and to only use Personal Data to provide requested services to the FOX in accordance with Applicable Laws.

We share your Personal Data with other companies, vendors and business partners which perform certain functions for us, whereby these companies are themselves responsible to determine the purposes and/or means of the processing and for the lawfulness of the processing, in particular: banks, financial institutions, credit card companies, email list providers.

We will disclose Personal Data 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. We will also disclose Personal Data 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.

5 INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA

Personal Data are shared among the FOX entities (i.e., intra-group) or with third parties for the purposes set out in Section 3. In some cases, the entities below collect Personal Data directly from you on the FOX’s behalf.

5.1 Intra-Group

Due to the global nature of our operations, some of the recipients mentioned in Section 4 of this Policy may be located in countries outside of the European Economic Area (the “EEA”), which do not provide an adequate level of data protection. International transfers will be to countries where FOX has offices, including Canada, Switzerland, Germany, Taiwan, Italy, and the United States of America (the “USA”) The transfer of your Personal Data outside of the EEA to the USA takes place on the basis of our [Data Transfer Agreement(s)], which is based on the standard data protection clauses adopted by the European Commission, or on the basis of a permissible statutory derogation and in accordance with Applicable Laws. Transfers to Canada and Switzerland are based on the European Commission’s adequacy findings (see here).

5.2 Third Parties

Some of the third parties with whom we share Personal Data are also located outside of the EEA. Certain third countries have been officially recognized by the European Commission as providing an adequate level of protection. You can find the list of these countries at the following address: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

Transfers to third parties located in other third countries outside of the EEA take place using a data transfer mechanism which is acceptable under the applicable data protection laws, such as the EU-US Privacy Shield for transfers to self-certified US organizations (see here), the EU standard contractual clauses (see here), Binding Corporate Rules (see here), approved Codes of Conduct and certifications or, in exceptional circumstances, on the basis of permissible statutory exceptions.

Please contact , if you want to receive further information or, where available, a copy of the relevant data transfer mechanism.

6 HOW LONG DO WE KEEP YOUR PERSONAL DATA?
6.1

We retain Personal Data relating to website visitors for the period necessary to fulfill the purposes outlined in Section 3 of this Policy and will then delete it. Your Personal Data may be retained after the fulfillment of a contract concerning the purchase of our Services, but in no event for longer than [please complete] years, unless a longer retention period is required under the local laws or in case of a dispute.

6.2

For more information on how long your Personal Data may be retained, please contact us at

7 COOKIES AND OTHER TRACKING TOOLS
7.1 FOX may set and access FOX cookies on your computer. For more information please see our cookie policy.
8 CONTACT DETAILS

FOX Factory Inc.
915 Disc Dr.
Scotts Valley, CA 95066

9 RIGHTS OF WEBSITE VISITORS FROM THE EU

These rights apply to you only if you are visiting our website from the EU, or where applicable EU data protection laws so provide. FOX entities act as joint controllers so you can exercise your rights set out in this Policy in respect of and against each of them. FOX entities which act as joint controllers have executed a contractual arrangement, reflecting their respective roles and relationships. Please refer to Section 8 for a discussion of how to exercise these rights or if you want to know more about this contractual arrangement.

9.1 Access

You have the right to obtain from us confirmation if your Personal Data are being processed, relevant information about such processing as provided by EU data protection laws, and a copy of the Personal Data undergoing processing.

9.2 Rectification

You have the right to obtain from us the rectification of inaccurate Personal Data concerning you and to have incomplete Personal Data completed.

9.3 Objection

You have the right to object to the processing of your Personal Data on grounds relating to your particular situation.

You can also object at any time to the processing of your Personal Data for marketing purposes. (Please note that even if you object to your use of Personal Data for direct marketing purposes, we will still send you transactional messages in relation to Services that you have purchased from us. These include responses to your questions and information about a Service you have purchased from us.)

9.4 Portability

You have the right to receive the Personal Data concerning you which you have provided to the controller in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller. This right only exists if the processing is based on your consent or a contract and the processing is carried out by automated means.

9.5 Restriction

You may request to restrict processing of your Personal Data in certain cases.

9.6 Erasure

You may request to erase your Personal Data if they are no longer necessary for the purposes for which we have collected them, you have withdrawn your consent and no other legal ground for the processing exists, you objected and no overriding legitimate grounds for the processing exist, or the processing is unlawful, or erasure is required to comply with a legal obligation.

9.7 Right to Lodge a Complaint

You have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, place of employment, or the location where the issue that is the subject of the complaint occurred.

9.8 Right to Refuse or Withdraw Consent

You are free to refuse to give consent and you can withdraw (with effect for the future) your previously provided consent to the processing at any time without any adverse negative consequences. The lawfulness of any processing of your Personal Data that occurred prior to the withdrawal of your consent will not be affected.




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