Fender Musical Instruments Corporation (“Fender,” “us,” “we,” or “Company”) and all its affiliates and subsidiaries (Jackson® Guitars, Gretsch® Guitars, Charvel® Guitars, EVH® Guitars, Bigsby® Vibratos, and PreSonus® Audio Electronics) appreciate your use of and contributions to our websites, our mobile and desktop applications, our other properties, or our related services (collectively known as the “Fender Properties” or, each individually, a “Fender Property”).
We understand your concerns about privacy. So, we want you to understand what types of information we collect on our sites and apps and what may happen to that information.
If we make material changes to the way we collect, use, share, or process the personal information that you have provided that adversely impacts you, we will notify you by posting a notice of the changes in a clear and conspicuous manner on all Fender Property websites or via the most recent email address we have on file for you.
2. WHAT INFORMATION DOES FENDER COLLECT?
Information You Provide to Us:
You are not required to provide Personally Identifiable Information (“PII”), defined as information relating to an identifiable natural person, in order to visit Fender Properties. You must, however, register and provide PII in order to access certain portions or use some or all of the features of certain Fender Properties, receive Fender communications, and to ender contests and other promotions.
When using the Fender Properties, Fender may collect information you voluntarily share with us, including any content, record, or electronic communication of any kind, including without limitation your:
- Contact information, including name, address, phone number, and email address;
- Financial information related to payment, including name, email address, billing address, credit card information, phone number, and other information necessary to open your account and complete a transaction or purchase, record of products or services purchased, and the date the transaction(s) occurred;
- Demographic information, including gender, age, birthdate, number of children, interests, and household income to better design and manufacture products and services to meet your needs;
- Product and service preferences; and
- Online user account information, including username, password, profile picture, instrument skill level, and left or right hand preference.
Information We Automatically Collect:
When you use Fender Properties, we collect Internet or other electronic network activity information, such as your device's IP address, referring website, what pages your device visited, and the time that your device visited the Fender Properties. This may also include which browser and operating system you use, command link information, diagnostic information related to the Fender Properties, your mobile carrier, the device you use, and search terms. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions. We may also rely on analytics, as further specified in our “Cookie Preference Center.”
3. HOW AND ON WHAT GROUNDS DO WE USE THE INFORMATION?
Fender uses PII you share with us either:
- Based on your consent; or
- Insofar as such processing is necessary for the performance of a contract between you and Fender.
Sale and Customer Service: Fender uses your information to fulfill your order and provide you with customer service.
Direct Marketing: Fender uses your contact information for its own marketing purposes, e.g. to update you on our latest products, promotional offers, and events.
If you are an existing customer and have provided your email to Fender in the course of a commercial transaction; when you register for an account or interact with our website and services; when you communicate with us or sign up for promotional materials; when you participate in special activities, offers, or programs; when you engage with our online communities or advertising; or when you connect with us through social media with Fender, we may use your email or social media contact information to contact you about Fender Properties, promotional offers, and events.
If you do not wish to be contacted for such marketing purposes and wish to opt out, please click the unsubscribe link in any marketing email.
Website/App Administration: Fender will use your information to administer its site and maintain your account (including troubleshooting, data analysis, testing, site/app improvement, website/app security).
Other: Fender will use your PII only for the purpose of communicating to and with you as requested or any other purpose for which you disclose it specifically to us. If you wish for us to cease use of your PII in any way, you may contact us at any time as set forth in Section 14.
Without your consent Fender will use any PII you provide only insofar as such processing is permitted by applicable law, e.g. for the performance of a sales contract with you or where such processing is necessary for compliance with a legal obligation to which Fender is subject.
In addition, Fender may use and share aggregated anonymous information that does not uniquely identify you when it enables Fender to improve and enrich our services and website/app content.
Fender reserves the right to use and share your information where such disclosure may be required by law.
4. HOW DO WE SHARE AND DISCLOSE INFORMATION TO THIRD PARTIES?
Fender does not sell, rent, or loan any of your PII to any third party.
Fender may, however, use and share information with third-party data processors specifically engaged by Fender in the processing of your information received via the Fender Properties. Fender may also share your information with our foreign and domestic affiliates and subsidiaries and third-party suppliers, which may require sending your PII to another country outside of the one you reside in, where federal or state laws may provide for a data protection level that is not equivalent to the standards in your country.
We will only transfer your PII to:
- Countries deemed to have “adequate protection” according to your jurisdiction's privacy laws;
- Entities that have instituted appropriate safeguards to protect your PII; or
- Where you have provided your consent.
Fender will regularly perform data protection impact assessments to ensure that your PII is protected when it is sent to another jurisdiction.
5. WHO ARE THE THIRD-PARTY RECIPIENTS OF YOUR PERSONAL INFORMATION?
Fender may share information with third parties in the following situations:
Service Providers: Fender may share your PII with suppliers and service providers specifically involved in the processing of your information to provide, improve, and personalize services provided by Fender Properties.
Affiliates: Fender may share your PII with our foreign and domestic affiliates and subsidiaries to provide, improve, and personalize services provided by Fender Properties for marketing purposes or advertising.
Advertising and Marketing: With advertising and marketing partners for advertising and marketing purposes on Fender's behalf and on behalf of third parties; and with companies involved in interest-based advertising, including web, mobile app, and other advertising for ads that are personalized and displayed on Fender Properties and through other channels, collectively to provide you with relevant promotional information.
Legal Process: Fender may share your PII with third parties in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws.
Legal Claims: Fender may share your PII with third parties in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third-party intermediary.
Other Situations: We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
6. FOR HOW LONG DO WE STORE YOUR PERSONAL INFORMATION?
Fender limits third-party access to PII collected on this website. Fender Properties have security measures in place that we believe are reasonable to help protect against the loss, misuse, and alteration of the information under Fender's control. While Fender cannot guarantee that loss, misuse, or alteration to data will not occur, Fender uses industry standards, such as Secure Socket Layers (“SSL”) technology, to help safeguard against such occurrences. In certain instances, the information passed between your device and the Fender system is encrypted with SSL technology to create a protected connection between you and Fender Properties to ensure confidentiality. In the event that we are required by law to inform you of a breach t o your PII, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
8. YOUR PRIVACY RIGHTS
What choices do you have?
You can always opt not to disclose information to Fender. However, some information may be needed to register with Fender, for purchases from Fender, or to take advantage of certain features of Fender Properties.
You can accept or reject cookies for websites associated with Fender Properties through our Cookie Preference Center. You can also do so by adjusting your web browser controls.
You can accept or reject tracking for apps associated with Fender Properties, whether prompted or by going to the appropriate section of your device's settings.
To turn off tracking on iOS, go to Settings > Privacy > Tracking, then find the appropriate Fender Property and toggle tracking off.
To turn off tracking on Android, go to Settings > Privacy > Tracking, then toggle tracking off.
You can opt-out of receiving certain promotional or marketing communications from Fender at any time, by either using the unsubscribe link in the email communications we send.
9. HOW CAN YOU EXERCISE YOUR DATA SUBJECT RIGHTS?
Accessing Your Data
We take reasonable steps to ensure that your PII is accurate, complete, and up to date. You may access your PII that we hold by contacting us directly using the contact information in Section 14. For your protection, we may need to verify your identity before implementing your request. We will try to implement your request as soon as reasonably practicable.
Rectifying Your Data
If you have a Fender Connect Account, we rely on you to update and correct your PII. Most Fender Properties allow you to modify and/or delete your account profile. If a Fender Property does not allow you to update or correct certain information, please contact us using the contact information in Section 14. Please note that we may keep historical information in our backup files as permitted by law.
Restriction of Processing Your Data
At any point, you may request that we restrict processing of your PII where one of the following applies:
- If you contest the accuracy of the PII, for a period enabling Fender to verify the accuracy of the PII;
- If the processing is unlawful and you oppose the erasure of the PII and request the restriction of their use instead; or
- If Fender no long needs the PII for the purposes of the processing, but they are required to by you for the establishment, exercise, or defense of legal claims.
You may also request that your PII not be used for targeted advertising, the sale of PII, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
Erasure of Your Data
You may request, without undue delay, the erasure of your PII from Fender's systems.
For individuals located in the European Economic Area, Switzerland, or the United Kingdom during data collection, please see Section 12 below for more information about your rights.
For residents of California during data collection, please see Section 13 below for more information about your rights.
10. CHILDREN'S INFORMATION
Fender does not knowingly collect any PII from children under 16. If we become aware that an individual under the age of 16 is submitting information without consent from their parent or legal guardian or as permitted under applicable law, we will delete the information as soon as possible from our database. If you believe we are collecting information about an individual under 16, please notify us immediately using the contact information in Section 14 so that we can take appropriate action.
11. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
This section only applies to individuals who do not reside in the United States, the European Economic Area, Switzerland, or the United Kingdom. As a global organization, we may store, process, and transmit PII in locations around the world, including locations outside of the country or jurisdiction where you are located. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use Fender Properties.
12. NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, AND THE UNITED KINGDOM
This section only applies to individuals using or accessing the Fender Properties while located in the European Economic Area (“EEA”), Switzerland, and/or the United Kingdom (collectively, the “Designated Countries”) at the time of data collection.
For the purposes of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the data controlled for the PII you provide or that Fender collects in connection with Fender Properties, please see the contact information in Section 14.
When you visit, shop, register, or use any Fender Property, your PII is primarily used to provide you with the Fender Property products and services you request. It may also be used to comply with legal obligations Fender is subject to or to fulfill our legitimate interests, such as to personalize your experience, develop and improve our Fender Properties, or to detect illegal activities. With your prior consent, it may also be used to send you offers and promotions.
Fender takes reasonable steps to ensure that your PII is accurate, complete, and up to date. You have the right to access, correct, or delete the PII that we collect. You are also entitled to restrict or object, at any time, to the further processing of your PII. You have the right to receive your PII in a structured and standard format, and where technically and legally feasible, the right to have your PII transmitted directly to a third party. If you would like to exercise your rights under applicable law, or if you believe we have infringed or violated your privacy rights, please contact us using the information in Section 14 so that we may resolve your dispute directly. You also have a right to lodge a compliant with a competent supervisory authority situated in a Member State of your habitual residence or place of alleged infringement.
If Fender shares your PII with entities located in the United States or other non-EEA jurisdictions which, according to the European Commission, do not offer an adequate level of protection to PII, we implement specific contracts, approved by the European Commission, which ensures the same protection to PII as granted in the EEA, or other appropriate solutions to address cross-border transfers as required or permitted by Articles 46 and 49 of the GDPR. Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us.
13. NOTICE TO CALIFORNIA RESIDENTS
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), below is a summary for the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140(o)), that we collect, the reason we collect the PII, where we obtain the PII, and the other entities with whom we may share the PII. Under the CCPA, PII is defined as any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
We generally collect the following categories of PII when you use the Fender Properties:
- Identifiers such as a name, address, unique personal identifier, email, phone number, your device's IP address, browser information, and identification numbers associated with your devices;
- Characteristics of protected classifications under California and federal law, such as gender;
- Commercial information such as records of products or services purchased, obtained, or considered by you;
- Internet or other electronic information regarding your browsing history, search history, the webpage visited before you came to a Fender Property, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
- Professional or employment-related information;
- Your geolocation, to the extent you have configured your device to permit us to collect such information; and
- Inferences about your preferences, characteristics, behavior, and attitudes.
For more information about the PII we collect and how we collect it, please refer to Section 2 above, and our Cookie Preference Center.
Fender collects PII for the business purposes described in Section 3 above, and in our Cookie Preference Center. The CCPA defines a “business purpose” as the use of PII for the business's operational purposes, or other notified purposes, provided the use of PII is reasonably necessary and proportionate to achieve the operational purpose for which the PII was collected or another operational purpose that is compatible with the context in which the PII was collected.
The way we share your PII is listed in Section 4 above. The categories of other individuals or entities with whom we may share your PII are listed in Section 5 above.
Privacy Rights Under CCPA
To assert your right to know, to access, or to delete your PII, please use the contact information in Section 14 below. To confirm your identity, we may ask you to verify PII we already have on file for you. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
- Right Against Discrimination: You have a right not to be discriminated against for exercising any of the rights described in this section. Fender will not discriminate against you for exercising your right to know, delete, or opt-out of sales.
- Right to Know: You have a right to request in writing:
- A list of categories of PII that Fender has disclosed to third parties during the last twelve (12) month period for the third parties' direct marketing purposes; and the name and addresses of all such third parties.
- In addition, you have the right to request: the categories of PII we have collected about you, the categories of sources from which PII is collected, the business or commercial purpose for the information collection, the categories of third parties with whom we have shared PII, and the specific pieces of PII we hold about an individual.
- Right to Access: You have the right to request a copy of the specific PII we collected about you during the twelve (12) months before your request.
- Right to Delete: You have the right to request us delete any PII we have collected from you or maintain about you, subject to certain exceptions.
- Right to Opt-Out of Selling: California residents have the right to opt-out of having their PII sold. Fender does not sell, rent, or lease your PII.
A California customer may use an authorized agent to make a CCPA privacy request on behalf of the consumer. To make a request on behalf of the California consumer whose PII has been collected by Fender, the authorized agent must first provide a copy of either (i) a letter signed by the customer authorizing the agent to submit the CCPA request, or (ii) a valid power of attorney issued pursuant to California Probate Code sections 4000 to 4465. An authorized agent must email one of these documents to the email shown in Section 14 below and include a phone number where the agent may be reached during regular business hours.
14. CONTACT INFORMATION
Fender Musical Instruments Corporation
Attn: Legal Department
1575 N. Gower Street
Los Angeles, CA 90028
Email: [email protected]