PRIVACY POLICY

Updated January 27, 2020

What is the purpose of this policy?
Who are we?

We are Sound United, the name we use to identify the owner of our brands, subsidiary companies and affiliates such as Denon, Polk, Marantz, Definitive Technologies, D&M, HEOS, Boston Acoustics, among others. We are dedicated to Bringing Joy to the World Through Sound and we provide our products and services on a global basis. Our European operations are based in Eindhoven at D&M Europe B.V., Beemdstraat 11, 5653 MA Eindhoven, The Netherlands, Tel. +31 (0)40 2507844, Chamber of Commerce number: 17073774. Our other office headquarters are: Sound United, 1 Viper Way, Vista, California, 92081, USA and D&M Holdings, D&M Building, 2-1 Nisshin-cho, Kawasaki-ku, Kanagawa, JAPAN. You may send correspondence concerning this Policy to the above addresses Attention: Privacy Officer.

How do we collect information from you?

We obtain information about you in a variety of ways such as:

  • when you use our website
  • when you contact us about products and services
  • when you use some of our products that connect to the internet such as our apps and certain hardware products such as our audio video receivers that connect to the internet
  • When you choose to register your product or to create an account with us
  • If you decide you want to receive offers or literature from us such as newsletters or new product updates and offerings
What type of information is collected from you?

When you interact with Sound United in any of the above ways or ways that may be available in the future we may ask for or you may provide us with certain data, such as:

  • Your name
  • Your email address
  • Your telephone number
  • Your gender
  • Your age
  • Information about the products and services you have purchased
  • Your interests
  • Other information you decide to provide

Depending on the choices you have made in your privacy settings on various social media platforms, certain personal information may be shared with Sound United about your online activities and social media profiles, e.g. interests, marital status, gender, user name, photos, posts you have made. If you do not want this, please make sure to update your personal settings on the social media platforms that you use.

In addition, we may collect personal data via cookies, use of our apps or similar techniques, including, but not limited to:

  • Your IP address
  • Product information
  • Product usage information
  • Crash logs
  • Your cookie ID
  • Your web browser
  • Your country or territory location and language preference
  • Login details
  • Content that you have chosen to play on one of our products (for instance if you use the “history” feature in the HEOS app)
  • The web pages you visit on our websites
  • Sound United advertisements you have clicked through to

With the exception of basic information about your device that is necessary to use some of our software apps, you have the choice as to what information you provide. Providing personal data beyond the basic information concerning your device is not required. However, choosing not to provide specific information may mean some features of our products and services are not available to you, or the performance of the products will be reduced. For instance, registering an account enables use of a variety of features and services in our software apps, but you must provide an email address for this registration.

Why do we collect this information and how is it used?

We collect and use your personal data for the following purposes:

  • Providing products and services to you
  • To maintain contact with you
  • To optimize our products and services
  • Market research
  • Customer service, and handling complaints/disputes
  • The performance of audits, such as accounting audits
  • To meet our legal obligations
  • Activating or registering certain products and services or enhancing functionality
  • Participating in Sound United online communities, including our social media channels/pages and blogs
  • Storing your preferences for future interactions and communications from Sound United so that the information doesn’t have to be collected anew
  • Allowing us to keep you informed of, or offering to let you test new products and services
  • Receiving personalized messages, special offers and advertisements that are relevant to your personal interests, based on the information you have shared with us and on the information we have collected through cookies or similar techniques regarding your use of the Sound United websites/social media/blogs and products

If we do not have your personal data, the following types of issues can occur (this list is not exhaustive of all the possible impacts):

  • We may not be able to provide updates to the products that you use from Sound United, or those updates may not be received timely
  • We may not be able to provide the services that you have requested or we may not be able to deliver those services to you as quickly
  • Your Sound United products may not work as well (i.e. your music preferences or preferred music sources allow us to more quickly enable certain content or choices when you are playing back music)

We may analyze your personal information to create a profile of your interests and preferences so that we can contact you with information that we believe is relevant to you as opposed to information that is more general. We may also use additional information that’s publicly available about you from other sources to do this more effectively. Your personal information also helps us to detect and reduce fraud. We do not use automated decision making.

We will not sell your data to third parties for monetary compensation. We have never done this, and we will not be doing this in the future. However, we may share or disclose your information to third-parties for other business purposes.

California Residents’ Privacy Rights

California law provides specific privacy rights to its residents, which are detailed below in sections 1 – 8. The rights set forth in these sections only apply to residents of the State of California.

1. California Do Not Track Disclosures

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.

2. Requesting Personal Information

You may request that we disclose the following:

  • The categories of personal information we have collected about you.
  • The categories of sources from which the personal information is collected.
  • The business or commercial purpose for collecting or selling personal information.
  • The categories of third parties with whom we share personal information.
  • The specific pieces of personal information we have collected about you.

We may be obligated to make additional disclosures if we choose to sell or share your data for business purposes. While we do not sell your personal information for monetary value, we may disclose your personal information to third parties in the ordinary course of business, which may be considered a “sale” under the California Consumer Privacy Act – as a benefit may be conferred upon Sound United. Following this, we will disclose the following at your request:

  • The categories of personal information that the business collected about you.
  • The categories of personal information that the business sold about you and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.
  • The categories of personal information that we have disclosed about you for a business purpose.

You may request the above information at least twice per 12 month period. We will ask for some verification to comply with this request in order to protect your privacy.

3. Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • Sales, identifying the personal information categories that each category of recipient purchased; and
    • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

4. Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

5. Right to Opt-Out

You have the right to direct us to not sell your personal information at any time (the "right to opt-out"). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: Do Not Sell My Personal Information

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by e-mailing us at [email protected].

6. Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by contacting us at [email protected] or calling us at [INSERT TOLL-FREE NUMBER] describing your request(s). You may also write us directly at the address previously noted. The verification we may request will reflect personal information that you have previously provided to us.

Only you, or a person authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. These requests are free, though we reserve the right to implement a reasonable fee for excessive or complex requests you may submit. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

7. Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

8. Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to opt-out and direct us to not sell your personal information at any time. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: Do Not Sell My Personal Information

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by e-mailing us at [email protected].

9. Non-Discrimination

We will not discriminate against you for exercising any of your privacy rights. Unless permitted by law, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

European Union Residents’ Privacy Rights

The GDPR provides specific privacy rights to citizens of the EU, which are detailed below in sections A – I. The rights and information set forth in these sections only apply to residents of the European Union.

A. What is the legal basis for obtaining my information under GDPR

The legal basis for processing your data is to fulfill the contract to provide you with the product or service requested. For some data that you choose to provide beyond this, such as any address information or preferences you share, the legal basis for processing is consent. Where you have consented to the processing of your data, you may withdraw such consent by indicating that you wish to do so via [email protected]. This withdrawal will be effective once received by us and processed and will apply to your data from that date forward. There may be cases in which we process your data based on legitimate interests such as fraud prevention. Processing basic computer and device information is necessary for the performance of our contract in order for you to use our app.

B. How long do you keep my information?

We keep your data until you instruct us otherwise such as by visiting our privacy center located at [email protected] or it is either no longer needed in order to provide you with the products or services you have requested and then, unless there is a legal reason to keep it, it will be deleted as part of our normal, periodic updating of our user database.

C. Who has access to your information?

All communications to you will come from Sound United and its companies or brands. We will not share your information with third parties to allow them to market to you unless you have agreed to allow us to do that.

We do share your information with third parties for the reasons below but only with agreements in place governing their use of your information and their relationship with Sound United.

We may instruct trusted third parties to perform services in respect of the processing of your personal data on our behalf. For example, when you use our apps we will utilize third party servers in order to store or provide you with information such as music content or other content that may be streamed from our servers to your Sound United products. If you enter into a transaction such as a purchase through one of our websites, we may have a third-party search engine process your order or fulfill it. These third parties specialize in such services and make your purchase faster and easier.

With any of our affiliates and trusted third parties we have data processing or other agreements in place to protect your data in accordance with the applicable laws. The agreements with these business partners will limit the purposes for which your personal data can be used and disclosed, and will require your personal data to be adequately safeguarded.

We may share anonymous data with third parties, but this will not be data that can be identified with you. For instance, we may share information about the total number of users for a particular service or product.

From time to time, Sound United may sell a business or a part of a business to another company. Such a transfer of ownership could include the transfer of your personal data directly related to that business to the purchasing company.

We may also need to disclose your personal information if it is required or requested as part of a legal order or legal process such as a subpoena or court demand.

D. Location of your personal information.

Sound United may store your personal data in a cloud. This means that your personal data may be processed on behalf of Sound United by a cloud service provider and could be stored in different locations around the world. Sound United makes use of organizational measures and endeavors to enter contracts with third parties to protect your personal data and to impose similar but in no way less restrictive requirements on our cloud services providers, including requirements that your personal data be processed exclusively for the purposes mentioned above.

Data is transferred to the United Stated based on standard contractual clauses in place between the controller and processor. We enter into contracts with data processors that provide that your data may only be processed for limited and specified purposes consistent with the consent you provide. The data processor will provide the same level of protection as we do and will notify us if it makes a determination that it can no longer meet this obligation. If we receive such a notification, then we will cause the data processor to stop processing personal data and take other reasonable and appropriate steps to remediate such failure. While your personal information is in another country, it may be accessed by the courts, law enforcement and national security authorities in that country in accordance with its laws.

E. Security precautions in place to protect the loss, misuse or alteration of your information

No data transmission can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us over the internet, email or other electronic communication methods and therefore you do so at your own risk. Once we receive your personal information, we use our best effort to ensure its security on our systems, to protect it against loss, misuse or alteration.

F. Your choices

You have a choice about whether or not you wish to receive information from us. If you do not want to receive direct marketing communications from us, then you can:

  • select your choices by ticking the relevant boxes situated on the form on which we collect your information or
  • you can choose to unsubscribe from any communication by responding to the communication that may have been sent to you usually through an “unsubscribe” button or a link to our preference center.

If you choose not to receive communications from us or you unsubscribe from communications with us we will no longer contact you for marketing purposes by email, phone or text message unless you choose to give your consent again.

G. Personal Information Shared for Direct Marketing Purposes

You may request certain information about the personal information we shared, if any, with other businesses for their own direct marketing uses. To make such a request, send an email to [email protected] with "Request for Privacy Information" on the subject line and in the body of your message. Include the website or line of business to which your request pertains. We will provide the requested information to you at your e-mail address in response. Please allow thirty (30) days for a response. We are required to respond to only one request per customer each year, and we are not required to respond to requests made by means other than through the above email address.

We will not share your personal information with third parties for their direct marketing purposes if you request that we do not do so. You may make such a request by sending us an email at [email protected]. When contacting us, please indicate your name, address, email address, which website or line of business to which your request pertains, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.

H. How you can access and update your information

The accuracy of your information is important to us. If you change email address, or any of the other information we hold is inaccurate or out of date, please email us at: [email protected], or write to us in Europe at: Sound United Europe, Beemdstraat 11, 5653 MA Eindhoven, The Netherlands. In the Americas, Australia and New Zealand write us at: Privacy Officer, Sound United, 1Viper Way, Vista, California, 92081, USA. In Asia write us at: Privacy Officer, D&M Holdings, D&M Building, 2-1 Nisshin-cho, Kawasaki-ku, Kanagawa, JAPAN

I. Complaints

If you have complaints that you wish to file you may do so at the local supervisory authority.

Use of 'cookies'

As do most websites, our websites use "cookies." Our apps may also use cookies. A cookie is a small data file that can be sent to your browser or other device to be stored automatically on your computer or mobile device. Cookies are commonly used to track your visits to a site or your use of apps so you don't have to log in on every page and to analyze how you use the site or app. Among other things, this can allow website operators and app providers to serve you better. It may be possible to set your Internet browser or mobile device to reject cookies but this may affect your ability to use some parts of websites or Apps.

It is possible to switch off cookies by setting your browser preferences. Turning cookies of may result in a loss of functionality when using our website.

Links to other websites

Our website may contain links to other websites run by other organizations. This privacy policy applies only to our websites‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website.

In addition, if you linked to our website from a third-party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third-party site and recommend that you check the policy of that third-party site.

Children 16 or Under

We are concerned to protect the privacy of children aged 16 or under. If you are aged 16 or under‚ please get your parent/guardian's permission beforehand whenever you provide us with personal information. Our websites are not intended for use by children and does not solicit them. We do not knowingly obtain or try to obtain personal data from children or request such data from them.

Review of this Policy

We keep this Policy under regular review. This Policy was last updated in December 2019.

Supplemental HEOS Privacy Policy

The HEOS privacy policy incorporates all information as provided in the Sound United Privacy Policy.

Depending on how you use the HEOS App, different types of information may be provided by you or collected by the App. You can control most of this information by the choices you decide to make.

Choosing Not to Create a HEOS Account: if you decide not to create a HEOS account, no personally identifiable information will be collected, though your computer’s unique internet protocol (IP) address will be logged into our systems along with the serial number of your HEOS product. Other than this, no other information will be collected until (I) you purchase and connect more HEOS products to your system (then the same initial information would be transmitted), or (II) you later decide to create a HEOS account. Some functionality is available only if you create a HEOS account.

Create a HEOS account: if you choose to create a HEOS account, you can choose to provide only the following information: Email address and music services information.

In addition, after creating a HEOS account, your system will periodically report the following types of information: country location; IP address; device details (model, mac address, update activity – last time device performed an update check) and playback tracking – used for the “History” feature of the HEOS app.

Any access, opt-out, or deletion requests are subject to Sound United’s Policy