Personal Information is information through which you can be directly or indirectly identified, including, for example, your name, postal address, email address and the activities and other details that we collect via the Michael Kors Access App or Michael Kors Access Device.
We do not store all of your activities which take place on the Michael Kors Access App or the Michael Kors Access Device. For example, we do not save which Notifications (events sent as alerts to your device) you choose to receive, or the content of any such Notifications; nor do we store your contacts. You can at any time stop the transfer of data from the Michael Kors Access Device to the Michael Kors Access App by disabling the Bluetooth connection; however, in this case, certain functionalities described below will not work.
The information we do collect and store via the Michael Kors Access App may be combined with or connected to other information (including personally identifiable information) that Michael Kors companies (or providers on our behalf) have obtained from or about you through other sources (e.g., purchase details of your Michael Kors Device, or other Michael Kors products you have purchased on a Michael Kors website or in a Michael Kors store).
The Personal Information that we collect hereunder and the purposes for which we use it include the following (please note that availability of functionality may vary, depending on your Michael Kors Device and the settings thereon):
Sign-up for an App Account (account data)
When you sign up for an account in the Michael Kors Access App ("App Account"), we will collect general data provided by you or your Device, such as a first and last name, email address, date of birth, gender, photo, height and weight, your password to create and manage your account, information about the Michael Kors Access Device with which you pair your Michael Kors Access App, information about the device (e.g. smart phone) the App is installed on, including your device type, manufacturer, model, and operating system; your Michael Kors Access Device ID; and the version of your Michael Kors Access App. We will also collect this information when you choose to sign-up for an App Account using your social media log in, such as via Facebook or Google+. We do not collect or store your social media password information if you sign up using a social media log in.
We (and our providers, on our behalf) use this information to provide the Michael Kors Access App and the Michael Kors Access Devices, and their features and functionalities, and to provide you with support services therefor.
If, during the App signup or otherwise you consent to receive marketing emails from Michael Kors, we will send you marketing emails about our products, services, events and promotions, depending on the scope and nature of your consent(s).
The Michael Kors Access App Activity and Sleep data
We will collect the calculated number of steps you have taken, calories burned, your mode of movement (e.g. running or walking), travelled distance (but no correlated location data), time zone, your goals you’ve set for the day (if any) and/or whether you achieved them. In order to enable us to calculate calories burned we also ask you to enter your height and weight and also use the date of birth information you provided when registering.
On some Michael Kors Access Devices we also collect sleep start time, sleep end time, time you go to bed and the time you wake up. We also collect details of sleep such as when light sleep and when restful sleep occur to show you data and insights about your sleeping patterns.
The activity and sleep data (as described above) collected through the Michael Kors Access App might be regarded as "health related data" in certain jurisdictions. We therefore ask 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.
All activities connected to notifications solely take place on your Michael Kors Access Device and the Michael Kors Access App. We do not have access to the content of a Notification, we only track that a Notification occurred.
Michael Kors Access LINK
Your Michael Kors Access Device may include a Michael Kors Access LINK feature that enables you, with one or more tap(s) on the Device, to use certain functionalities as selected by you (such as to play music, find your phone, or take a photo). We only store your settings for this feature (i.e., which functionalities you want to enable via Michael Kors Access LINK), but do not track when you use the Michael Kors Access LINK function or the actual activities that occur through it.
When you install the Michael Kors Access App, you may be asked to grant the App access to your mobile device’s geolocation data. If you grant such permission, we may collect information about your precise geolocation information (i.e. your real-time geographic location), and may use that information to customize the App with location-based information and features (for examples, to provide you with relevant weather information through your weather app based on your location). Such location information will not be collected unless you consent, and you can change your phone’s settings at any time to turn off location collection.
Google Analytics; Browser Do-Not-Track Signals
We use Google Analytics to track and examine how our Michael Kors Access App is used and how we may improve it. Google Analytics is a web analysis service provided by Google Inc., located in the USA. Google Analytics anonymizes your IP address by removing the last octet (eight bit characters) of the IP address prior to its storage. 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 Michael Kors Access App's settings by turning off the "Send Diagnostic Data" option.
Although our App does not recognize automated browser signals regarding tracking mechanisms at this time, we do not share your personal information collected through the App for online behavioral advertising.
We (and our service providers) may aggregate and de-identify (so that the data is not associated with any individual’s name or other personally identifiable information) data collected through the Michael Kors Access App and the Michael Kors Access Device, and then use it for a variety of analytic purposes, such as determining the average daily steps taken by Michael Kors Access App users, analyzing fitness trends or obtaining information to improve our products or services.
Emails, other communications, and marketing
We may send push notifications to provide you with alerts about updates for the Michael Kors Device or the Michael Kors Access App unless you opted out from such push notifications (which you can do in the Michael Kors Access App settings).
We (and our providers, on our behalf) will send you emails connected to the administration and operation of your App Account or your Michael Kors Access Device 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 App Account may be deactivated after a period of inactivity.
If and to the extent you gave consent (opt-in), we may send you marketing emails from Michael Kors, we will send you emails about our brands, products, services, events and promotions, depending on the scope and nature of your consent(s). If you opted in to receiving these marketing emails, you can always opt-out from receiving such emails at any time by changing the Michael Kors Access App’s settings, by using the opt-out link provided in such emails or by contacting us as described in Section I below. Note, however, that if you opt-out of such marketing emails, we may still may send you emails in order to provide the Michael Kors Access Service and administer your account(s), as referenced in the previous paragraph.
Whenever you contact us for help in connection with the Michael Kors Access Service, we (or our providers, on our behalf) may collect your name and email address along with additional information you provide in your request so that we can provide you with the assistance you seek and improve our products and services.
In addition, in the event our Michael Kors Access App stops working on your mobile device, the App will send diagnostic data automatically to us or our providers acting on our behalf, including information about your mobile device model software version and device carrier. This information allows us to identify and fix bugs and otherwise improve the performance of our Michael Kors Access App.
The Michael Kors Access App allows you to share Personal Information on social networks or transfer Personal Information to other apps. For example, you may share information on social networks such as Instagram or Facebook or you can share your activity data (except sleep data) with other third party activity apps, e.g. Apple Health or Under Armour. In these instances you are taking action within the Michael Kors Access App to share this data and by doing so you understand and agree that such shared data will be subject to the privacy policies of the third party apps and websites receiving your data.
We do not control and do not assume any responsibility for the use of your Personal Information by such third parties. For more information about the third party’s purpose and scope of their use of Personal Information in connection with sharing features, please visit the privacy policies of such third party apps and their providers.
We will share your Personal Information in the following cases to the extent permitted by applicable law.
Sharing of information when obliged by law and for internal purposes
We may share your Personal Information (a) in order to comply with relevant laws, regulatory requirements and to respond to and comply with lawful requests, court orders, and legal process; (b) in order to protect and defend the rights, safety or property of us or third parties.
We may use and share Personal Information, including information considered personal health information, for the proper management of our company and to otherwise carry out our legal responsibilities.
Additionally, on a case by case basis, 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 data, including Personal Information, may be part of the transferred assets. Where required by applicable law we will obtain your consent or notify you about the transfer of your Personal Information.
Sharing data with subcontractors and service providers
We retain service providers and providers, who collect or use Personal Information for us or on our behalf, to help us operate the Michael Kors Access App and the Michael Kors Access Devices. These companies are only permitted to use Personal Information on our behalf, may not use such data for their own purposes except as permitted by law and are required to provide appropriate measures for the protection of Personal Information.
Sharing of information with business associates
We may enter into business agreements with third parties who are subject to health-related laws and regulations (e.g., the Health Insurance Portability and Accountability Act of 1996, as amended), such as health insurers and companies with employee wellness programs, to provide services related to the Michael Kors Access Devices. We may share Personal Information, including information considered personal health information, with these entities pursuant to our agreements with them.
Sharing Personal Information with third parties
We reserve the right to share Personal Information with third-party marketers, as permitted by law, unless you opt out as set forth in Section G below.
Sharing de-identified information with third parties
We may share aggregated and de-identified (i.e., not associated with an individual’s name or other personally identifiable information) data collected through the Michael Kors Access App or Michael Kors Access Device with third parties for any lawful purpose.
We do not knowingly collect, maintain, or use personal information via the Michael Kors Access App about children under the age of 14. Persons under the age of 14 may not use the Michael Kors Access App. If we gain actual knowledge that a child under the age of 14 has sent Personal Information to us without prior parental consent, we will remove his or her Personal Information from our files.
We will retain your Personal Information as long as necessary to provide you with Michael Kors Access App and Michael Kors Access Device functionality and services but in any event only as long as your account is active. When you delete your account or we disable it after a time of inactivity and notification from us, we will also delete your Personal Information from our systems (excluding any information we have de-identified or as otherwise required by law). However, we may keep some of your Personal Information for legal reasons, and also to the extent you have provided us with information pursuant to an opt-in request for Michael Kors marketing emails (even if such request is made in or through the App), we will retain that information as necessary to provide you with such communications unless and until you opt out. You may always opt-out of marketing emails by using the opt-out link provided in such emails or by otherwise following the directions in Section G below.
Safeguarding the confidentiality of your Personal Information is important to us. We have technical and organizational security measures in an effort to protect the confidentiality, integrity, and availability of your Personal Information (e.g., by encrypting data that is exchanged between the Michael Kors Access Device and the Michael Kors Access App while in transit).
If you wish to opt out of our marketing emails, you may contact us as described in Section I below, or you may click on the opt-out link included in any marketing email we send. Please understand that if you opt out of receiving marketing emails from us, we may still contact you in connection with your accounts, relationship, activities, transactions and communications with us.
If you would prefer that we not share your Personal Information with third-party marketers, please contact us as described in Section I below.
California law requires certain businesses to respond to requests from California residents asking about the disclosure of Personal Information to third parties for their marketing purposes. Alternatively, such businesses may adopt a policy of not disclosing Personal Information to third parties for marketing purposes if a California resident opts-out. As noted in Section D, we reserve the right to share your Personal Information with third parties for their marketing purposes. If you wish to opt-out of such sharing, please contact us by email or mail at the addresses in Section I.
This Michael Kors Access App and the Michael Kors Access Devices are provided to you by Michael Kors (USA), Inc., on behalf of itself and its corporate parent, subsidiary and affiliate entities worldwide. Michael Kors (USA), Inc., 11 West 42nd Street, New York, NY USA, is a data controller of the data collected in connection therewith. If you have any questions regarding privacy in connection with the Michael Kors Access App, please contact us via email at firstname.lastname@example.org or email@example.com with your specific request. You can also contact us via mail:
Michael Kors (USA), Inc.
Attention: Privacy Officer
11 West 42nd Street
New York, NY 10036, USA
As Michael Kors (USA), Inc. is a U.S.-based company, your personal and other information may be stored, transferred and processed in and to the United States and in other countries by our affiliates and our service providers. By providing Personal Information to us, you acknowledge and consent that we collect, maintain, process and transfer such information in and to the United States and other countries and territories, pursuant to the laws of the United States or such other jurisdictions, which may provide lesser privacy protections than EEA countries, and you acknowledge that your information may thus be subject to U.S. and foreign laws and accessible to U.S. and foreign governments, courts, law enforcement and regulatory agencies.
In recent years Michael Kors has certified that it complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, retention, transfer and processing of personal information from European Union member countries and Switzerland. Michael Kors has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. Michael Kors continues to maintain procedures for periodically verifying its implementation of and compliance with the Safe Harbor principles, including conducting an annual self-assessment of our practices with respect to Personal Information to verify that the representations we make about our information and privacy practices remain accurate and true. To learn more about the Safe Harbor Program, and to view Michael Kors’ certification, please visit http://www.export.gov/safeharbor/. The BBB EU Safe Harbor Program has acted as Michael Kors' third-party dispute resolution provider, as required by the Safe Harbor Program. If you have a complaint concerning our Safe Harbor compliance, please use the BBB EU Safe Harbor Program complaint process described here: http://www.bbb.org/us/Business-Complaints/. In light of the recent invalidation of the Safe Harbor Program, Michael Kors has taken additional steps to put into place further measures to protect personal information which is transferred from the EU. Those measures involve contracts with importing entities incorporating standard clauses approved by the European Commission.