Effective May 15, 2020
This policy applies only to information we collect in this App. This policy DOES NOT apply to information that:
- We collect offline or on any other Klipsch apps or websites, including websites you may access through this App.
- You provide to or is collected by any third party.
Our websites and other apps, and third parties, may have their own privacy policies, which we encourage you to read before providing information on or through them.
1. IMPORTANT INFORMATION AND WHO WE ARE
The App is not intended for children and we do not knowingly collect data relating to children.
Our full details are:
Full name of legal entity: Klipsch Group, Inc.
Position: Data Privacy Manager
Email address: DataPrivacyManager@Klipsch.com
Postal address: 3502 Woodview Trace, Suite 200, Indianapolis, Indiana 26268 (USA)
Telephone number: 317-860-8653
If you do not receive satisfactory resolution from us of your data protection concern, and you are a European Economic Area resident, you also have the right to make a complaint at any time to supervisory authority for data protection issues for the country of your residence.
This version was last updated on May 15, 2020.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. CATEGORIES OF DATA WE COLLECT
Personal Data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Registration Information you provide via this App for the purposes of product registration, including:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, age, and gender.
- Contact Data includes home, billing, and shipping addresses, email address and telephone numbers.
- Product Information includes Model Number, date of purchase, location of purchase, purchase amount, packaging serial number
- The model
- Equalizer settings and presets
- Phase settings
- Low Pass filter settings
- Trim/Gain settings
- Audio Delay settings
- Power Mode settings
- Device serial numbers
- Device firmware versions
- Upgrade process telemetry
- Mobile device operating system our App is installed on
Technical Data includes internet protocol (IP) address, primary and mobile browser type and version, primary and mobile email client, and operating system, and browsing behavior.
Equipment Information. When you access and use the App, the App may automatically collect the following information about your headphones or soundbar ("Klipsch Equipment"):
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences, including the format of emails you prefer to receive, preferred send time, and data on the volume and nature of emails sent to you over time.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, or we may be unable to provide a product or service to you.
3. SOURCES OF DATA
We collect data from the following sources:
Direct interactions. You may give us your Identity, Contact or Product Data via the app through the registration process.
Third parties or publicly available sources. We may receive personal data about you from third parties as set out below:
- Bronto Software, LLC, which hosts, stores, and distributes our email marketing messages, manages your subscription preferences, and provides us with data about how you use our message to enable our personalization of our communication with you, and, more generally, provide us with information that allows us to improve our marketing, website, and email communications to best serve our customers including General information about you, message delivery counts, the performance of our email messages to you, metrics regarding your purchases from us, technology that you utilize to access our messages, and GeoIP details providing your zip code and time zone. Our email marketing content management provider, WPromote, is granted access to this same data in order to enable it to assist us in our continuous evaluation and improvement of the nature and content of our marketing communications to our customers.
- Where we need to perform the contract we are about to enter into or have entered into with you; and/or
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
- Where we need to comply with a legal or regulatory obligation; and/or
- When you have consented to our use.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
Microphone/Voice Assistants. The App allows use of a microphone for voice/video calls and for voice assistant technology such as Amazon Alexa or Google Assistant and passes along the audio stream to the respective third party. We would refer you to their privacy policies for more information. If you block the use of microphone, you will not be able to utilize the headphones for these purposes.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Generally, we do not rely exclusively on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to email marketing at any time.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, the purpose of the use, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
(a) Performance of a contract with you
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(c) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and the App (including troubleshooting, data analysis, testing, system maintenance, customer support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To use data analytics to improve our App, products/services, marketing, customer relationships and experiences
(c) Forum Data
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
(f) Forum Data
(a) Necessary for our legitimate interests (to develop our products/services and grow our business)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or received services from us and provided your contact information, signed up for our newsletter, or if you provided us with your details when you entered or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We will get your explicit opt-in consent before we ever share your personal data with any company outside of Klipsch Group, Inc. for marketing purposes, other than those companies, listed in this notice, that are supplied that data for the purpose of assisting our provision and marketing of our products and services to you.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to receive an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our Data Privacy Manager.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the categories of parties set out below for the purposes set out in the above table.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
In the last 12 months we have not sold your Personal Information and we currently do not sell Personal Information.
We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Klipsch or any other party.
7. DATA SECURITY
We maintain appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We maintain procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements..
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may choose to anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You may have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please email our Data Privacy Manager, specifying your request.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We will try to respond to all legitimate requests within the time period required by applicable law.
CALIFORNIA SHINE THE LIGHT
Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes, and (b) a description of the categories of Personal Information disclosed, by contacting us via our Data Privacy Manager as set forth above.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting our Data Privacy Manager.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
INTERNAL THIRD PARTIES
Other companies in the Klipsch Group, Inc. Group acting as joint controllers or processors and who are based in the United States and provide IT, Legal, customer service and system administration services, including employees of Klipsch Group, Inc.’s parent Company Voxx International Corp. which maintains access to order information.
EXTERNAL THIRD PARTIES
Professional advisers including lawyers, bankers, auditors and insurers based in the United States, or in the country in which you are located, who provide consultancy, banking, legal, insurance, and accounting services.