PRIVACY & COOKIE POLICY

AUSTRALIA AU.RIDEFOX.COM WEBSITE PRIVACY POLICY

Last Updated: 28 March 2024

ACCESSIBILITY - If you are having any trouble accessing this Privacy Policy or the website, please email us at info@ridefox.com.

1. INTRODUCTION

1.1. Fox Factory, Inc., with its principal executive office at 2055 Sugarloaf Circle, Suite 300, Duluth, GA 30097, U.S.A., together with its subsidiaries 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 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 or opinion relating to an identified or reasonably identifiable person.

2.1 Information you provide to us directly. We process 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 information about you from third parties such as if you link your social media account with our Services we may receive information about you from your social media account, or from organizers of events or trade shows that you attend. 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.

We may combine 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 include:

3.1 Identifiers, when you register with our website or otherwise interact with our services you may provide information 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, social media identifiers (e.g., Twitter handle, Instagram name, etc.), or other similar identifiers.

3.2 Financial information, in order to facilitate payments to us or from us to you in connection with your use of our marketplace you may be required to provide various financial information including 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, when you use our marketplace or engage in transactions with us, we may collect information regarding 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.

3.9 Communication Information, when you communicate with us via telephone, email, SMS or online, we may collect your contact information and any other information you choose to provide to us

3.10 Promotional information, we may undertake promotional activities on this and other websites or through alternative mediums that collect your contact information and personal information regarding your product preferences and related habits. Such information may be collected directly by us, or via third party service providers providing promotional services on our behalf.

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 to:

4.1 To provide products and Services and maintain your account, including the online store portion of the website. 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, including regarding warranty claims.

4.2 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.

4.3 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.

4.4 For security of Fox, our customers, employees, or others, by detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity

4.5 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.

4.6 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.

Where your personal information is not ‘sensitive information’ we may use your information for reasonably expected secondary purposes related to the above. In addition, we may use your information as otherwise authorised by law.

5. DISCLOSURE OF YOUR PERSONAL INFORMATION

We may share your Personal Information with the categories of recipients described below to the extent required to provide our services to you and otherwise in accordance with the purposes for which we process and use your Personal Information as set out in this policy. 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, 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.

6. DIRECT MARKETING

Where we use your personal information to send you marketing and promotional information you will be provided with the opportunity to opt-out of receiving such information. Unless you exercise your right to opt-out of such communication, you will be taken to have consented to receive similar information and communications in the future.

7. OVERSEAS DATA TRANSFERS

In connection with providing our services to you, we may store, use, or disclose your personal information in countries outside of Australia including the United States. Our service providers, including marketers, payments providers and data analytics providers, are located in these jurisdictions and we cannot guarantee that they are subject to the Australian Privacy Act 1988 (Cth) or that they are otherwise subject to privacy regulation that is equivalent or better to Australia.

We will not send your personal information to recipients outside of Australia without first:

• taking reasonable steps to ensure that the overseas recipient complies with the Australian Privacy Principles and this Privacy Policy;
• obtaining your consent; or
• otherwise complying with the Privacy Act.

8. SECURITY AND RETENTION

We retain Personal Information only for as long as necessary to fulfill the stated purpose for which the Personal Information was collected or otherwise processed and thereafter only for legitimate legal or business purposes.

We maintain reasonable security procedures and technical and organizational measures to protect your Personal Information against accidental or unlawful destruction, loss, disclosure, alteration, or use.

9. YOUR RIGHTS & CHOICES

You are entitled to access the personal information we hold about you and may request that we correct any errors in the information we hold.

If you would like to access or correct your personal information held by us, please contact our Privacy Officer at the address below.
privacy@ridefox.com

We will take reasonable steps to allow you to access your information unless circumstances exist that would prohibit us from doing so.

We will correct your personal information where we are satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading. If we correct any personal information that we have disclosed to third parties we will take reasonable steps to notify those parties of the change or update.

You accept that, following a request to correct your information, we may be required to take reasonable steps to verify your identity or the personal information, which may include confirmation with third parties. If you are submitting a request on behalf of a household, we will need to verify each member of the household in the manner set forth in this section. For information access and correction request, we will request your name, email address, and phone number or postal address to verify your identity. As and where necessary e may also seek a signed declaration that you are who you say you are in order to verify your identity before providing personal information to you.

We endeavour to respond to requests for information access and correction as soon and practicable and preferably within 30 days. If we need more time, we will notify you of this and respond to you as soon as practicable.

10. COOKIES AND OTHER TRACKING TOOLS

Fox may set and access cookies and other tracking technologies on your computer. For more information, please click here to see our Cookie Policy below.

11. CONTACT DETAILS

Fox Factory, Inc.
2055 Sugarloaf Circle, Suite 300
Duluth, GA 30097

or

FOX Factory Australia Pty Ltd
11/4 Gladstone Rd, Castle Hill
NSW 2154, Australia

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.

12. [RESERVED]
13. 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

14. Cookie Policy

This Cookie Policy describes how Fox Factory, Inc., with its principal executive office at 2055 Sugarloaf Circle, Suite 300, Duluth, GA 30097, U.S.A., together with its subsidiaries 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.

14.1 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.

14.2 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)

14.3 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.

14.4 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.

14.5 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.

You can easily accept or reject the Advertising cookies on this Website by toggling "Allow" or "Deny" below.

ALLOW
DENY

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.

14.6 How to Contact Us

If you have any questions, comments, or requests regarding our use of cookies, please direct your request to:

Fox Factory, Inc.
2055 Sugarloaf Circle, Suite 300
Duluth, GA 30097
USA

privacy@ridefox.com

14.7 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.