Website Privacy Policy

INTRODUCTION

Klipsch Group, Inc. respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit our website and tell you about your privacy rights and how the law protects you.

1. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY POLICY

This Privacy Policy aims to give you information on how Klipsch Group, Inc. collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product, request service, or participate in any forum we may offer.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Privacy Policy together with our Cookie Policy and any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

CONTROLLER

Klipsch Group, Inc. is the controller and responsible for your personal data (collectively referred to as ”KLIPSCH”, “we”, “us” or “our” in this Privacy Policy) as set forth in this Privacy Policy.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

CONTACT DETAILS

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.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on May 24, 2018.

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.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications, including the shopping cart process through which your payments are received and processed by independent third party Magento, the Disqus blog comment section administered by Disqus, and the JustUno customized browsing experience. Clicking on those links or enabling those connections will allow those third parties to collect and/or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

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).

We (directly, or via third party’s referenced herein or in our Cookie policy) may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• 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.

• Financial Data includes payment card details such as the name on the credit card utilized, expiration date, credit card number, cvv number, associated address, phone number, email, and credit card provider.

• Transaction Data includes details of products and services you have purchased from us including the Order number, time of order, model, serial number or part number, quantity, price, shipping & handling, tax, and order management and other fees or charges, whether and what type of warranty applies to the product, the length of time since your purchase, the help topic that you select and any details that you provide about the circumstances of your request when requesting a repair, return, warranty service, or other customer service, and the date and time of our communications with you regarding such requests.

• 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.

• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses, geo location data including City/State/Zip/Country/Time Zone, and activity levels.

• Usage Data includes information about how you use our website and emails we send to you including data we acquire from our cookies and 3^rd party cookies on the website (see Cookie Policy) as well as performance data regarding the email marketing communications that we send to you, include deliver date and time, open date and time, last click date, email open rate, email click rate, conversion rate, orders, revenues, most recent orders, initial order, and average order volume.

• 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.
• Klipsch Forum Data. If you utilize the Klipsch Forum: login name, email address, password, record of agreement to the terms of use and privacy policy, the IP address used when registering, as well as other IP addresses and browser and device type information while logged in. Additionally, information that you optionally supply when creating your profile including gender, birthday, custom “location” text, custom “member title” text, text in “about me” field, interests, information about your audio system, any links you provide to other URL’s related to your audio system, a custom posting signature, website URL, Twitter handle, Skype handle, Aim handle, Yahoo handle, MSN handle, ICQ handle, Jabber handle, and profile images (such as avatar, profile header image), and the content of your forum posts.

In addition, Cookies on the site collect data for the purposes as set forth in our Cookie Policy.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we ever combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we would treat the combined data as personal data which would be used in accordance with this Privacy Policy.

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 offences.

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. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact, Financial, Forum, and Transaction Data by filling in forms or by corresponding with us by this Website, by mail, phone, email or otherwise. This includes personal data you provide when you:
  • purchase our products or services;
  • create an account on our website;
  • seek customer service;
  • subscribe to our newsletter;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey via our Facebook page; or
  • give us feedback.
• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies, such as those displaying our videos, social media posts, and marketing messages. Please see our Cookie Policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from third parties as set out below:
  • Third party cookie providers as set forth in our Cookie Policy;
  • Order confirmation with payment confirmation, product, quantity, and customer name, address, delivery information, date of birth, phone number, email address, password and date account created from our payment processor, Magento. to enable our recognition of the payment and fulfillment of the order. Magento does not share with us your credit card information. It is stored pursuant to Magento's privacy policy.
  • 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.
  • Disqus, which provides us access to the information that you supply to Disqus as administrator to allow our administration of blog comments including your name, email address, IP address when commenting, and your commenting history.
  • JustUno, which enhances our website to provide you with a customized shopping and browsing experience. JustUno collects Identity Data that you supply, as well as Contact, Technical, Usage, and Marketing and Communications Data. JustUno may send the Data that it collects to Bronto to permit Bronto's fulfillment of its functions noted above, as well as to Wpromote, who, as noted above, uses the data to assist our ongoing evaluation of our marketing communications and website performance and customer experience. Data collected by JustUno is subject to JustUno's own Privacy Policy currently available at: https://www.justuno.com/legal/privacy-policy.html. JustUno may transfer the Data that it collects to Magento (Klipsch's e-Commerce provider) solely for the purpose of the fulfillment of their hosting obligations of their platforms used on the website.

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:

• 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.

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, 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 ground we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

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.

THIRD-PARTY 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.

OPTING OUT

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.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase or service provision, warranty registration, product or service experience or other scenarios covered by this Privacy Policy in which you supplied your personal data to us.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

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 parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties as set out in the Glossary.

• External Third Parties as set out in the Glossary.

• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

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.

6. INTERNATIONAL TRANSFERS

Klipsch Group, Inc. and its parent company Voxx International Corp are each headquartered in the United States. Your provision of data to Klipsch Group, Inc. thus involves the transferring of your data outside the European Economic Area (EEA). Similarly, many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

• 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.

Please contact our Data Privacy Manager if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

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 fulfil 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 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 one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. GLOSSARY

LAWFUL BASIS

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.

THIRD PARTIES

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, 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

• Service providers in the United States who provide eCommerce, content management, data analytics, order management, and customer data and targeting services, as listed in this Privacy Policy and our Cookies Policy.

• 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.