Privacy Policy


UPDATED MAY 1, 2018

Fender Musical Instruments Corporation and all of its affiliates and subsidiaries ("Fender" or "us" or "we" or "Company") 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") and we understand your concerns about privacy. So, we want you to understand what types of information we collect on this site and what may happen to that information.

If you have questions or concerns regarding this Privacy Policy, you should contact us at:

Fender Musical Instruments Corporation

Attn: Legal Department
1575 N. Gower Street
Suite 170
Los Angeles, CA 90028
USA
Email: legal@fender.com

This is our Privacy Policy and we will comply with it, as well as applicable privacy laws, when we gather and use information from users of the Fender Properties. We encourage you to read this Privacy Policy to understand how we collect information and what we do with the information we collect from you.


1. AMENDMENTS TO PRIVACY POLICY

Fender reserves the right to modify or amend this Privacy Policy at any time. Notice of changes to this Privacy Policy will be communicated to you in advance. All changes will be effective immediately upon their posting to Fender Properties. Material changes will be conspicuously posted on Fender Properties. You agree that accessing or using Fender Properties without any objection following posting of the changes, constitutes your acceptance of the revised terms.


2. INFORMATION WE COLLECT

A. Personally Identifiable Information or Personal Information or Personal Data

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 (1) contact information, including name, address, phone number, and email address; (2) financial information related to payment, including name, email address, billing address, credit card information, telephone 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 occurred; (3) 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; (4) product and service preferences; and (5) online user account information, including username, password, profile picture, instrument skill level, and left or right hand preference. Our collection and use of all of the foregoing information is subject to applicable laws and the terms of this Privacy Policy.

You are not required to provide Personally Identifiable Information, defined as information relating to an identifiable natural person, in order to visit Fender Properties. You must, however, register and provide Personally Identifiable Information in order to access certain portions or use some or all of the features of certain Fender Properties, receive Fender communications, and to enter contests and other promotions.

Fender may use content you provide us through emails, responses to polls, contests or sweepstakes or any other promotional activity. Please be advised that your submissions become the property of Fender and may be used by Fender for any lawful purpose, subject to applicable law. Fender can edit, rewrite, use, and reuse the content of your submissions, including your name, likeness, photograph, and biographical information in any way and in any media whether now known or invented in the future, with or without attribution, including publication in online publications, trade media, and advertising. You agree that any content you send us will not violate any rights of any third-party and that you will only send us content for which you own the rights.

a. IP Addresses Your Internet Protocol ("IP") address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. By collecting your IP address, Fender's server may record the referring page that linked you to the Fender website (e.g., another website or a search engine), the pages you visit on this website, the website you visit after this website, the ads you see or click on, other information about the type of web browser, computer, platform, related software and settings you are using, any search terms you have entered on this website or a referral website, and other web usage activity and data logged by our web servers. Fender may also use your IP address to help diagnose problems with our servers, gather broad demographic and geographic information, and administer our website. Fender may also link this information with your Personally Identifiable Information when Fender feels that it is necessary to enforce compliance with its rules and policies, terms of service, or to protect its website, customers or others.

b. Web Beacons Web beacons are Internet tools, such as transparent images on a website or in e-mails that we may send you that help us to determine, for instance, whether a page has been viewed or an e-mail opened. For example, when you ask us to send you information on a promotion or newsletter, we may use web beacons to determine how many of the e-mails we sent were actually opened. In general, any electronic image viewed as part of a web page, including a banner ad, can contain a web beacon.

c. Cookies Fender may use cookies to track the use of its website and to facilitate and enhance your experience. "Cookies" are small pieces of electronic data that are stored by your browser on your computer's hard drive. The cookies enable Fender to facilitate access to different aspects of the website. For example, by showing when and how you and others visit its website, cookies help Fender to see which pages of the website are popular and which are not. Cookies can also help Fender to improve your enjoyment of this website, for example, by remembering your address or other Personal Information when you request information or services on the website. Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that disabling this function may impact your use and enjoyment of this website.

We participate in behavior-based advertising. This means that a third party may use technology such as cookies to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests. That advertising may appear either on our websites, or on other websites. You can opt-out of receiving advertising based upon your browsing behavior from some network advertising companies by going to the Network Advertising Initiative and the Digital Advertising Alliance websites, although to completely prevent advertising based upon your browsing behavior you should also disable the cookies on your browser. One of the third parties that may track you on our websites is Google AdWords Remarketing; this is used to advertise Fender products across the Internet. If you do not wish to participate in our AdWords Remarketing, you can opt out by visiting Google's Ads Preferences Manager.


3. HOW WE USE YOUR INFORMATION

Fender uses Personal Information you share with us either:

  • based on your consent;
  • insofar as such processing is necessary for the performance of a contract between you and Fender; 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 goods and services, promotional offers and events. If you do not wish to be contacted for such marketing purposes and wish to opt out, please contact us.

Fender does not sell, rent or loan any of your Personally Identifiable Information 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 website. Fender may also share your information with our foreign and domestic affiliates and subsidiaries and third-party suppliers, which may require sending your Personal Information to another country outside of the EU, where national laws may provide for a data protection level that is not equivalent to EU standards.

Website Administration: Fender will use your information to administer its site and maintain your account (including troubleshooting, data analysis, testing, site improvement, website security).

As a multi-national company Fender may transfer your information to a country other than where you reside. If we transfer Personally Identifiable Information outside of the European Union or the European Economic Area we will only do so to those (a) jurisdictions with "adequate protection" as used in the General Data Protection Regulation governing transfer of Personal Data outside of the EU or EEA (the "GDPR"), (b) those entities that have instituted appropriate safeguards as contemplated by the GDPR, or (c) where you have provided your consent.

You may request a copy of such contracts here:

Fender Musical Instruments Corporation

Attn: Legal Department
1575 N. Gower Street
Suite 170
Los Angeles, CA 90028
USA
Email: legal@fender.com

Fender will use your Personally Identifiable Information 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 Personally Identifiable Information in any way, you may contact us at any time as set forth below.

Without your consent Fender will use any Personal Information 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 content.

Fender reserves the right to use and share your information where such disclosure may be required by law.


4. RECIPIENTS OF PERSONAL INFORMATION

Fender may share information with third parties in the following situations:

  • Service Providers. Fender may share your Personally Identifiable Information 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 Personally Identifiable Information with our foreign and domestic affiliates and subsidiaries 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 our sites and apps and through other channels, collectively to provide you with relevant promotional information.
  • Legal Process. Fender may share your Personally Identifiable Information 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 Personally Identifiable Information 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.
  • Mergers and Acquisitions. In the event of a change in control of Fender or sale by Fender of substantially all of its assets, any information owned by or in the control of Fender may be transferred to such Fender successor, who will comply with the terms of this Privacy Policy.


5. RETENTION

We will retain your Personally Identifiable Information for only as long as you maintain an account or as otherwise necessary to provide you the applicable services through Fender Properties. We will also retain your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Where we no longer need to process your Personal Information for the purposes set out in this Privacy Policy, we will delete your Personal Information from our systems.


6. ACCESS BY CHILDREN

This website is not intended for use by children age under age 16. No one under age 16 is allowed to provide any Personally Identifiable Information or use Fender public discussion areas, forums and chats or participate in any contests or any other promotional activities, and Fender does not knowingly collect or use information from children under age 16 through this website.

To subscribe to newsletters and to participate in other activities where Personal Information is divulged on this website, you must be age 16 or older. Minors under the age of 18 are required to get the permission of their parent(s) or legal guardian(s) before subscribing to anything on this website.


7. CHOICE/OPT-OUT

If you have actively (opt-in) registered to receive Fender communications, you may also receive commercial email regarding upcoming Fender promotions, products and services. If you receive Fender's commercial email and would like to avoid receiving such email in the future, you may opt-out of receiving it by clicking on the opt-out area within that email or by clicking here. Fender will only communicate with you according to your instructions.


8. SECURITY

Fender limits third party access to Personally Identifiable Information collected on this website. This website has 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 browser and the Fender system is encrypted with SSL technology to create a protected connection between you and this website to ensure confidentiality. In the event that a breach into the Fender security systems occurs and there is a possibility that an unauthorized person acquires your Personal Information, Fender will notify you of such a breach under applicable law.


9. ACCESS TO YOUR PERSONAL INFORMATION

You may request from Fender access to and rectification or erasure of the Personal Information or restriction of processing of Personal Data concerning you. You may further object to the processing of your Personal Information and request your Personal Data to be made portable to another party. If you wish to make any of these requests, please contact us using the contact information listed below.

You may access, update and correct your online account information at any time by logging into your online account and updating your information. If you wish to delete your online account, please email us at contactemea@fender.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of your information for only as long we need it in accordance with applicable laws.


10. COMPLAINTS

You may address any complaints to Fender and we will take your concern very seriously. You may further lodge a complaint to your national data protection authority in cases where you deem that appropriate.


11. THIRD-PARTY WEBSITES

This website may link to, or be linked to, other websites not maintained by or related to Fender. Fender is not responsible for the privacy policies or practices of any third parties or third-party websites, including any third-party linked or linking websites. To the extent that you disclose Personally Identifiable Information to any such third parties, different rules may apply to their use and disclosure of Personal Information that you disclose to them. Fender encourages you to review the privacy policies of such websites before disclosing your Personal Information to them.


12. CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits California residents to request and obtain from us a list of what Personal Data (if any) we disclosed to third parties for that third party's direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any Personal Data with third parties for their direct marketing purposes. If we do decide to share your Personal Data with third parties for their marketing purposes, you may opt-out of this disclosure at any time by submitting a request to:

Fender Musical Instruments Corporation
Attn: Legal Department
1575 N. Gower Street
Suite 170
Los Angeles, CA 90028
USA

It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes or for purposes of assisting us with our own marketing. Additionally, if you are a registered user under the age of 18 and a resident of California, you may request removal of content you have posted to our website or social media accounts. Please note that making such requests does not ensure complete or comprehensive removal of the content. For example, we may retain the information for our own internal records, and it is also possible that a third party we do not own or control may copy the posting and repost it elsewhere.


13. BUSINESS TRANSFERS

In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with this Privacy Policy.


14. CONTACTING US

Your privacy is important to Fender. If you have any questions or concerns regarding this Privacy Policy, please contact us at:

Fender Musical Instruments Corporation

Attn: Legal Department
1575 N. Gower Street
Suite 170
Los Angeles, CA 90028
USA
Email: legal@fender.com

Effective Date: May 1, 2018