BDS Performance Towing | Notice at Collection

Notice at Collection

Effective Date: November 2, 2026

This Notice at Collection (“Notice”) describes Fox Factory, Inc.’s personal information collection practices with respect to your use of the BDS Performance Towing product and related mobile app (“BDS App”). This Notice is to inform California residents under various California laws including the California Consumer Privacy Act, the California Privacy Rights Act, and the regulations made thereunder (together, the “CCPA”) and other U.S. consumer privacy laws, as applicable. If you are a California resident, this notice applies to you in addition to our general Privacy Policy available here.

NOTICE TO CALIFORNIA RESIDENTS OF PERSONAL INFORMATION THAT WE COLLECT AND RETAIN

In the past 12 months, we have collected the following categories of personal information from consumers and have used that information for the following purposes:

Category of PI Examples of PI Collected and Retained Purpose of Collection Source of Information Period of Time Retained
1.  Identifiers Real name, alias, postal address, unique personal identifiers, online identifier, Internet Protocol address, e-mail address, and account name. For account creation, authentication, and management. Input from user during registration in the BDS App For the period that the account is maintained by the user
2.  Personal Information Name, address, and telephone number. For account creation, authentication, and management. Input from user during registration in the BDS App For the period that the account is maintained by the user
3.  Inferences from personal information Collected Inferences drawn from personal information to create a profile about driving and vehicle performance. For intended functionality of the BDS Performance Towing Product Data collected from BDS App Until deletion

Generally, we process your PI in connection with the BDS Performance Towing product and BDS App only to the extent necessary for business operations, including for one or more of the following business purposes:

  • For the intended functionality of the BDS Performance Towing product;
  • Fulfilling or meeting the reason you provided the personal information (for example, when you share your name, e-mail, and phone number with us on the BDS App);
  • Managing interactions between you and us to provide the BDS App (for example, responding to inquiries through our App and using your personal information to send information concerning your vehicle);
  • For legal, safety, and security purposes (for example, to respond to law enforcement requests or secure your account with us);
  • Debugging to identify and repair errors that impact existing intended functionality of the BDS App; and
  • For our own internal purposes, such as research and development to improve the quality of the BDS Performance Towing product and your interactions with us.

We will not collect additional categories of personal information or use personal information collected for additional purposes that are incompatible with the disclosed purpose for which the personal information was collected without notifying you. If we make changes to this Notice, we will post them in the BDS App and indicate the effective date of the change. If we make material changes to this Notice, we will notify you by email.

In no event do we retain your PI for any longer than reasonably necessary to achieve the purposes for which it was collected or processed, or as required by applicable law. The criteria used to determine the retention period of PI includes the nature and sensitivity of the PI, the potential risk of harm from unauthorized use or disclosure of the PI, as well as applicable laws (such as applicable statutes of limitation).

We do not collect, use, or disclose any sensitive personal information as defined in subdivision (a) of Section 1798.121 of the CCPA in connection with any of the personal information that is collected. Likewise, we have no actual knowledge that we sell or share personal information of consumers under 16 years of age.

DISCLOSURE TO THIRD PARTIES

We do not sell your personal information for business or commercial purposes; however, we may disclose your personal information to third parties for a number of reasons, including, for example:

  • To our vendors who help us analyze, design, and operate the BDS App and provide services for and support to the BDS App;
  • To third party companies and individuals as needed for them to provide us with services that help us in business operations;
  • To you, or to other parties at your direction, for the additional purposes explained at the time of collection;
  • To the government or private parties in order to comply with applicable law or legal process or to protect our rights or the rights of others; and
  • To assignees as part of an acquisition, merger, asset sale, or other transaction where another party assumes control over all or part of our business.

We do not “sell,” “share,” or process for “targeted advertising” any personal information as those terms are defined by the CCPA and other U.S. consumer privacy laws, any of the categories of personal information described in this Notice. For the purposes explained above, we disclose personal information in connection with the BDS App to the categories of third parties described below.

Category of PI Categories of Recipients
1.  Identifiers
  • Vendors (e.g., web hosting and data analytics providers, processing and storage providers, fraud prevention and security providers, and marketing services providers);
  • Governmental entities (pursuant to legal or regulatory process).
2.  Personal Information
  • Vendors (e.g., web hosting and data analytics providers, processing and storage providers, fraud prevention and security providers, and marketing services providers);
  • Governmental entities (pursuant to legal or regulatory process),
3.  Inferences from PI Collected
  • Vendors (e.g., data analytics providers, processing and storage providers, fraud prevention and security providers, and marketing services providers);
  • Governmental entities (pursuant to legal or regulatory process).

YOUR RIGHTS UNDER THE CPRA

You have the right to know what personal information we collect, delete the personal information we collect, correct inaccurate personal information

ADDITIONAL INFORMATION

You may have certain rights regarding our collection, use, and disclosure of your PI. For more information, see our Privacy Policy here.

CONTACT US

If you have any questions, comments, or concerns about our privacy practices, please contact us by e-mail at privacy@ridefox.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include sensitive information in your e-mail correspondence with us.